Audiobooks UK: xigxag conditions of service

As of: 29 June 2020

xigxag Limited offers a service that permits users to discover, purchase, receive and play digital spoken word audio entertainment ("xigxag Content") through xigxag's website xigxag.co.uk, and its applications for mobile devices ("the xigxag Mobile App") (collectively, the "xigxag Service"). If you use the xigxag Service, you accept these conditions of use ("Conditions of Use"). Please read them carefully. In addition to the Conditions of Use, you will also be subject to (1) the xigxag Purchase Terms & Conditions, which govern any purchase you make through the xigxag Service, (2) the xigxag Plan Terms, which govern your enrollment in any xigxag membership plan, and (3) any other policies, guidelines, terms and agreements posted on, or otherwise made available to you through, the xigxag Service (collectively, the "Terms"). If your country of residence is in the UK or European Union, the Privacy Notice, Cookies Notice and the Interest-Based Ads Notice do not form part of your agreement to the Terms. These policies are available for your review to understand how we handle your personal information.

Privacy

Please review our Privacy Notice to understand our practices and your choices in relation to how we handle your personal data.

Electronic Communications

We will communicate with you by e-mail or by posting notices on or through the xigxag Service.

Personalisation

We personalise content recommendations, messages and features for you, as part of the xigxag Service governed by these Conditions of Use. We will show you recommendations on titles, authors and narrators, and provide you with features and products that reflect your use of the Service.

COPYRIGHT

All content included in or made available through the xigxag Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and xigxag Content, is the property of xigxag or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content accessible through the xigxag Service is the exclusive property of xigxag and protected by United Kingdom and international copyright and database right laws.

Trademarks

xigxag, xigxag.co.uk, xigxag.co and other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the xigxag Service are trademarks or registered trademarks of xigxag Limited in the United Kingdom. xigxag's trademarks and trade dress may not be used in connection with any product or service that is not xigxag's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits xigxag. You may not use any xigxag logo or other proprietary graphic or trademark as part of a hyperlink without express written permission from xigxag. All other trademarks not owned by xigxag that appear in the xigxag Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by xigxag.

License and Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, xigxag or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the xigxag Service. Additional license terms may be found in the Terms. This license does not include any resale or commercial use of the xigxag Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the xigxag Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any applicable Terms are reserved and retained by xigxag or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the xigxag Service nor any part of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of xigxag. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of xigxag without express written consent. You may not use any meta tags or any other "hidden text" utilising xigxag's name or trademarks without the express written consent of xigxag. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of xigxag.co.uk so long as the link does not portray xigxag, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any xigxag logo or other proprietary graphic or trademark as part of the link without express written permission. You may not misuse the xigxag Service. You may use the xigxag Service only as permitted by law. The licenses granted by xigxag terminate if you do not comply with these Conditions of Use or any applicable Terms.

Your Account

As a registered user of the xigxag Service, you may receive or establish one or more passwords and accounts ("xigxag Account"). If you use the xigxag Service, you are responsible for maintaining the confidentiality of your xigxag Account(s) and for restricting access to your computer(s) or device(s), and you agree to accept responsibility for all activities that occur under any of your xigxag Accounts. xigxag does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the xigxag Service only with the involvement of a parent or guardian. xigxag reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications and Other Content

We may permit visitors to post reviews, comments, photos, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. You agree that any content you contribute and any communications you send using means we provide will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.

If you do post content or submit any material to us, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant xigxag and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify xigxag for all claims resulting from content you supply. We reserve the right (but not the obligation) to monitor and edit or remove any activity or content. xigxag takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

xigxag respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Product Descriptions

xigxag attempts to be as accurate as possible. However, xigxag does not warrant that product descriptions or content available through the xigxag Service is accurate, complete, reliable, current, or error-free.

xigxag Software Terms

In addition to these Conditions of Use, the terms found apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the xigxag Service (the "xigxag Software").

Other Businesses

We may offer content from parties other than xigxag and may permit parties other than xigxag to provide services or sell products through the xigxag Service. We may also provide links through the xigxag Service to the websites of affiliated companies and certain other businesses. We are a distributor, not a publisher, of any materials we offer from third parties and are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals, the content we obtain from them or the content of their websites. xigxag does not assume any responsibility or liability for the actions, product, and content of any third parties. You should carefully review their privacy statements and other conditions of use.

Promotional content

We may make xigxag Content available to you from time to time through the xigxag Service for which a purchase is not required. You will have access to this content only for so long as we make it available generally or, where it is provided as a benefit of a being a registered user, for so long as you remain a registered user in good standing. We may also remove this xigxag Content from your account, devices and applications or otherwise restrict your ability to access it.

Removal of xigxag Content or Other Materials

We reserve the right to remove or disable access to any xigxag Content or any other materials posted to or otherwise displayed through the xigxag Service, including any xigxag Content that violates or otherwise allegedly infringes on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity. We may add or remove purchasable and promotional xigxag Content from our catalogue and the xigxag Service at any time and make no guarantee as to the availability of specific xigxag Content. Some xigxag Content may be offered in limited territories, and we may use geofiltering technology to restrict access outside of those territories. We will not be liable for the removal of or disabling of access to any xigxag Content or materials.

Termination

Your right to use the xigxag Service will automatically terminate if you violate these Conditions of Use or any other Terms. In case of such termination, we may terminate your access to the xigxag Service without notice and you will not receive a full or partial refund of any fees already paid. Our failure to insist upon or enforce your strict compliance with the Conditions of Use or any other Terms will not constitute a waiver of any of our rights.

Termination

Termination of xigxag Service

Our business may change over time and we reserve the right to modify the xigxag Service. We also reserve the right to suspend or discontinue the xigxag Service or your use of the xigxag Service, in whole or in part, at any time with or without notice and without liability to you. In the event that we exercise such right, you may be entitled to a full or partial refund, in our sole discretion, with respect to any purchase you've made.

Losses

xigxag will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the xigxag Service, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the xigxag Service or when a contract for the sale of goods by us to you was formed. xigxag does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

Applicable Law and Disputes

By using the xigxag Service, you agree that these conditions are governed by and construed in accordance with the laws of England and Wales, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts. If you would like to bring a matter to our attention, please contact us at support@xigxag.co.uk.

Site Policies, Modification and Severability

Please review our Terms. We reserve the right to make changes to the xigxag Service, these Conditions of Use and any Terms at any time. Your continued use of the xigxag Service following any changes will indicate your acceptance of such changes. If you do not agree to a change, you must immediately stop using the xigxag Service. If any Terms or these Conditions of Use are deemed invalid, void, or for any reason unenforceable, that condition or term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition or term.

Defamation Claims

Because xigxag lists thousands of products for sale on the xigxag Service, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, xigxag operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the xigxag Service contains a defamatory statement, please notify us immediately by following our Notice and Procedure for Notifying of Defamatory Content. Once this procedure has been followed, xigxag will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

xigxag Purchase Terms and Conditions

Any user may purchase xigxag Content on an "A La Carte" basis. By making a purchase through the xigxag Service you agree to be bound by these xigxag Purchase Terms and Conditions.

Purchases of xigxag Content

1. xigxag Content License. When you purchase xigxag Content, xigxag grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such xigxag Content to your computer and/or other device(s) solely for your personal, non-commercial use. You agree to not otherwise copy, reproduce, distribute or use the xigxag Content other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the xigxag Content in any manner and you will not exploit it commercially. You agree to not modify, reverse engineer, decompile or disassemble the xigxag Content, or otherwise tamper with the xigxag Content or create any derivative works therefrom.

2. Pricing. With respect to all A La Carte purchases, except where noted otherwise, any list price displayed represents the full retail price listed on the xigxag Content itself, as determined by xigxag, or as suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Prices are subject to change at any time in xigxag's sole discretion. xigxag cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we may at our discretion cancel your order.

3. Delivery of xigxag Content. All xigxag Content you purchased will be delivered to your xigxag Account.

4. Risk of Loss. Once we have made xigxag Content available to you, you will bear the risk of loss for completing any download of xigxag Content after purchase and for any loss of xigxag Content you have downloaded, including any loss due to a file corruption or a device or hard drive crash. Purchased xigxag Content will generally continue to be available in your xigxag Account but may become unavailable due to possible content provider licensing restrictions or other reasons, and xigxag will not be liable to you if xigxag Content becomes unavailable for further download. You will not receive a full or partial refund of any fees already paid in such situations. Accordingly, we encourage you to download xigxag Content promptly after purchase and to make a back-up copy. If you are unable to complete a download after having reviewed our online help resources, please contact xigxag customer service.

5. Payments. You must have a valid payment instrument, such as a credit card or other permitted payment method, on file in your Google Play or iOS App Store Account in order to use the xigxag service.

6. Cancellation of Orders. You may cancel your order for purchase of xigxag Content within 14 days from the date of your purchase for a full refund by contacting Customer Care, unless you have started to download, stream, or listen to the xigxag Content. Once you start to download, stream or listen to the xigxag Content, you cannot cancel your order, and you will not receive a full or partial refund for your order. By placing an order to purchase xigxag Content, you acknowledge and agree to this.

xigxag Terms and Conditions for Gift and Promotional Codes and Vouchers

Gift Audiobooks, Gift Certificates, Gift Memberships, Promotional Claim Codes and Vouchers (collectively "Gift Items") are subject to the following Terms and Conditions. By purchasing or redeeming any Gift Item, you agree to be bound by these Terms and Conditions in addition to the xigxag Conditions of Use.

xigxag Gift Audiobooks

1. Term and Uses. Audiobooks purchased as gifts ("Gift Audiobooks") will be presented to the recipient in the form of a claim code redeemable for the Gift Audiobook. Gift Audiobooks may be used only for the audiobook given. Claim codes for Gift Audiobooks do not expire and are not subject to any dormancy fee or other fees for non-use. Promotional credits, including credits issued in connection with any trial memberships, may not be used to purchase Gift Audiobooks. Gift Audiobooks may not be redeemed by the same xigxag account from which they were purchased. If the recipient has the Gift Audiobook in his or her My Library or the Gift Audiobook is not available in the recipient's country, at the time the recipient redeems the claim code for a Gift Audiobook, the recipient will receive either a credit or a voucher in the amount the purchase price of the Gift Audiobook, depending on whether the Gift Audiobook was purchased by redeeming a credit or with cash. Such credits and vouchers are good towards the purchase of an audiobook on xigxag Services only and may not be used to purchase Gift Audiobooks. Credits or vouchers given to the recipient in exchange for the claim code for a Gift Audiobook do not expire. Recipients must have or open a xigxag account to redeem a claim code for a Gift Audiobook. xigxag may, in its discretion, advise the purchaser when the claim code for a Gift Audiobook has been redeemed by the recipient in the purchaser's "Account" section on the Site.

2. Limitations.

• Claim codes for Gift Audiobooks cannot be exchanged for other Gift Audiobooks.

• Claim codes for Gift Audiobooks cannot be resold, transferred for value, redeemed for cash or applied to any other xigxag account, except where required by law.

xigxag Promotional Claim Codes

1. Term and Uses. Promotional claim codes ("Claim Codes") are for promotional use only and are void where prohibited by law. Claim Codes must be redeemed on the xigxag Mobile App and are only redeemable for audiobooks or audiobook credits. Claim Codes expire as indicated on the terms transmitted with the Claim Code. If redeemed for an audiobook credit, the credit may expire after a certain period of time, as indicated on the terms transmitted with the Claim Code. Claim Codes may be subject to additional terms and conditions presented with the Claim Code. Claim Codes recipients must have or open a xigxag account to redeem Claim Codes. To view the status of a Claim Code, Claim Code holders should visit the "Account" section of the xigxag Mobile App.

2. Limitations.

• Claim Codes cannot be used to purchase other Claim Codes.

• Claim Codes cannot be resold, transferred for value, redeemed for cash or applied to any other xigxag account, except where required by law. Unused Claim Codes in a xigxag account may not be transferred.

• Resale of a Claim Code or use for unauthorised advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited.

Vouchers

1. Terms and Uses. From time to time, xigxag may, in its sole discretion, give rewards in the form of vouchers to existing xigxag account holders ("Vouchers"). Vouchers may only be redeemed at the xigxag Mobile App and are redeemable for xigxag content only. xigxag will deposit a Voucher directly into the account holder's account and may send the recipient an email stating that the Voucher is available. When the recipient makes a purchase on the Site, vouchers will be the first pound sterling amount used towards the purchase amount. The full amount of any purchase, excluding taxes, will be deducted from the Voucher amount, up to the total funds available. If a purchase made with a Voucher exceeds the amount of the Voucher, the balance will be automatically charged to the payment method xigxag has on file for the account holder. Vouchers expire as indicated on the terms transmitted in the notification e-mail or in the "Account" section of the xigxag Mobile App. The value of a Voucher will be determined by xigxag in its sole discretion.

2. Limitations.

• Vouchers cannot be used to purchase Claim Codes.

• Vouchers cannot be resold, transferred for value, redeemed for cash or applied to any other account, except where required by law. Unused Voucher balances in a xigxag account may not be transferred.

General Terms

1. Risk of Loss. The risk of loss and title for claim codes for Gift Audiobooks and Vouchers pass to the purchaser upon xigxag's electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. xigxag is not responsible if a claim code for a xigxag Gift Audiobook or Voucher is lost, stolen, destroyed or used without your permission.

2. Fraud; Abuse. xigxag may suspend or close customer accounts, revoke or terminate Gift Items, or limit or suspend the ability of customers to purchase or redeem Gift Items in its sole discretion in order to avoid fraud or abuse.

3. Resale. Resale of a Gift Item or use for unauthorised advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited.

4. Limitation on Liability. xigxag disclaims all warranties, express or implied, with respect to Gift Audiobooks and Vouchers, indcluding, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. Int the event a gift audiobook or voucher is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Gift Audiobook or Voucher.

5. Disputes. Any dispute relating in any way to xigxag Gift Audiobooks or Vouchers in which the aggregate total claim for relief sought on behalf of one or more parties exceeds £7,500 shall be adjudicated in any court in London, England, and you consent to the exclusive jurisdiction and venue of such courts.

Notice And Procedure For Making Claims Of Copyright Infringement

Consistent with the Copyright, Designs and Patents Act 1988, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please provide xigxag's designated agent the written information specified below. Please note that this procedure is exclusively for notifying xigxag that your copyrighted material has been infringed.

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on the xigxag Service;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

• A statement of truth made by you declaring that the above information in your notice is accurate and true and that you are the copyright owner or authorised to act on the copyright owner's behalf and that your statement can be used in any court proceedings that may arise out of or relating to the infringing material; and

• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest. xigxag's designated agent for notice of claims of copyright infringement on the xigxag Service can be reached as follows:

e-mail: copyright@xigxag.com

Note: the above contact information is provided exclusively for notifying xigxag that your copyrighted material may have been infringed. All other inquiries, (e.g., requests for technical assistance or customer service, reports of email abuse, and piracy reports), will not receive a response through this process and should be directed to our customer care group vial email to support@xigxag.co.uk.

Notice And Procedure For Notifying xigxag Of Defamatory Content

If you believe that any content on, or advertised for sale on, the Site contains a defamatory statement, please notify us immediately by copying the Notice to xigxag of Defamatory Content below, complete it in accordance with the instructions set out in the Notice and send to: defamation_notice@xigxag.co.uk. Please note that this procedure is exclusively for notifying xigxag of Defamatory content on or advertised for sale on the xigxag Service. Please provide your address, telephone number, and e-mail address when sending the notice to us. Important Warning: giving false, misleading or inaccurate information in the Notice to xigxag of Defamatory Content may result in civil and criminal liability.

Notice to xigxag of Defamatory Content in the matter of the xigxag Service

STATEMENT

I, [please give your full name] of [please give your postal address], [please state your occupation], say as follows:

1. I refer to the website www.xigxag.co.uk ("the website"). I make this statement in support of my giving xigxag notice that, via the website, it is causing or contributing to the publication of a defamatory statement.

2. The defamatory words (delete whichever paragraph is not applicable):

a. appear in an audiobook being sold by xigxag via the website entitled [please state the audiobook name and its author]. The defamatory words appear around the [please state approximate location(s) where you consider there are defamatory words] minute mark.

b. appear on the website at [please screenshot and include the address of the relevant Web page from the website where the defamatory words appear].

3. The words that I consider to be defamatory are [please repeat the exact words you are complaining about].

4. These words are defamatory because [please state why you consider the words are defamatory].

5. The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is].

6. I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.

Statement of Truth

I declare the facts stated above to be true.

Signed:

Dated:

Additional Software Terms

• Use of the xigxag Software.You may use xigxag Software solely for the purposes of enabling you to use and enjoy the xigxag Service as provided by xigxag, and as permitted by the Conditions of Use, these Additional Software Terms and any applicable Terms. You may not incorporate any portion of the xigxag Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the xigxag Software or otherwise assign any rights to the xigxag Software in whole or in part. You may not use the xigxag Software for any illegal purpose. We may cease providing any xigxag Software and we may terminate your right to use any xigxag Software at any time. Your rights to use the xigxag Software will automatically terminate without notice from us if you fail to comply with any of these Additional Software Terms, the Conditions of Use or any applicable Terms. Additional third party terms contained within or distributed with certain xigxag Software that are specifically identified in related documentation may apply to that xigxag Software and will govern the use of such software in the event of a conflict with the Conditions of Use or these Additional Software Terms. All software used in the xigxag Service is the property of xigxag or its software suppliers and protected by United Kingdom and international copyright and authors' rights laws.

• Use of Third Party Services. When you use the xigxag Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of such third party services may be subject to the separate policies, terms of use, and fees of such third parties.

• No Reverse Engineering. You may not, and you will not encourage, assist or authorise any other person to modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the xigxag Software, whether in whole or in part, or create any derivative works from or of the xigxag Software.

• Updates. In order to keep the xigxag Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.