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User Agreement

This User Agreement ("Agreement") governs your access to and use of the Xirads platform ("Platform"), including all features and functionalities, accessible via our website and any related mobile applications (collectively, the "Services"). By accessing or using the Services, you ("User") agree to be bound by this Agreement. If you do not agree to these terms, please do not use the Services.

2. Eligibility

2.1. Age Restriction: You must be at least 16 years old to use the Services. Users under the age of 16 are strictly prohibited from using the Platform.

2.2. Legal Capacity: You represent and warrant that you have the legal capacity to enter into this Agreement and to use the Services in compliance with all applicable laws and regulations. This includes having the legal authority to enter into binding contracts and to use the Services in your jurisdiction.

2.3. Compliance with Laws: You are solely responsible for ensuring that your use of the Services complies with all applicable laws, rules, and regulations in your jurisdiction, including but not limited to:

  • Consumer protection laws.
  • Data privacy regulations (e.g., GDPR, CCPA, etc.).
  • Anti-spam laws.
  • Intellectual property laws.
  • Financial regulations.
  • Export control laws.

3. Account Creation and Use

3.1. Account Creation:

  • To use certain features of the Services, you may be required to create an account ("Account").
  • Account creation requires you to provide accurate and truthful information.
  • You are solely responsible for maintaining the confidentiality of your Account credentials (username, password, etc.).

3.2. Account Security:

  • You agree to notify Xirads immediately of any unauthorized use of your Account or any other breach of security, such as the loss or theft of your login credentials.
  • Xirads is not responsible for any losses or damages arising from your failure to comply with these security measures. This includes, but is not limited to, unauthorized access to your account, loss of funds, or any other harm resulting from your failure to maintain the security of your account information.

3.3. Account Use Restrictions:

  • You agree to use the Services only for lawful purposes and in accordance with this Agreement.
  • You agree not to use the Services in any way that:
    • Violates any applicable law, rule, or regulation.
    • Infringes on the rights of any third party, including intellectual property rights, privacy rights, and rights of publicity.
    • Is abusive, harassing, threatening, defamatory, obscene, vulgar, or otherwise objectionable.
    • Is fraudulent, deceptive, or misleading.
    • Interferes with the operation of the Platform or the enjoyment of the Services by other users.
    • Contains viruses, malware, spyware, or any other harmful code.
    • Attempts to gain unauthorized access to the Platform, other user accounts, or computer systems.
    • Circumvents any security measures implemented by Xirads.
    • Collects or stores personal information about other users without their consent.
    • Uses any automated system, including but not limited to "robots," "spiders," or "scrapers," to access the Platform or extract data from the Platform unless expressly permitted by Xirads in writing.
    • Engages in any activity that could damage, disable, overburden, or impair the functioning of the Platform.
    • Impersonates any person or entity, or falsely claims an affiliation with any person or entity.
    • Promotes or encourages any illegal activity, including but not limited to:
      • Money laundering.
      • Terrorism financing.
      • Hacking.
      • Fraud.
      • Gambling.
      • Drug trafficking.

4. Publisher Responsibilities

4.1. Accuracy and Truthfulness:

  • Publishers are responsible for ensuring the accuracy and truthfulness of all information provided on their profiles, including skills, experience, and any other information relevant to their services.
  • Publishers must accurately and honestly complete all tasks and surveys assigned by advertisers.
  • Publishers must not misrepresent their qualifications or experience.

4.2. Quality of Service:

  • Publishers agree to provide high-quality services to advertisers as per agreed-upon terms.
  • This includes:
    • Timely completion of tasks within agreed-upon deadlines.
    • Meeting or exceeding the quality standards and expectations set by advertisers.
    • Maintaining professional communication and responsiveness with advertisers.
    • Delivering work that is free from errors, plagiarism, and any other deficiencies.

4.3. Intellectual Property:

  • Publishers are solely responsible for ensuring that their services do not infringe on the intellectual property rights of any third party, including copyrights, trademarks, patents, and trade secrets.
  • Publishers must obtain all necessary licenses and permissions before using any third-party materials in their services.

4.4. Confidentiality:

  • Publishers may have access to confidential information related to advertiser campaigns or other business matters.
  • Publishers agree to maintain the confidentiality of all such information and not to disclose it to any third party without the prior written consent of the advertiser.

4.5. Compliance: Publishers agree to comply with all applicable laws and regulations, including but not limited to:

  • Consumer protection laws.
  • Data privacy regulations (e.g., GDPR, CCPA, etc.).
  • Anti-spam laws.
  • Copyright and trademark laws.
  • Tax laws.
  • Financial regulations.

5. Advertiser Responsibilities

5.1. Lawful Campaigns:

  • Advertisers are responsible for ensuring that their advertising campaigns comply with all applicable laws and regulations, including but not limited to:
    • Advertising standards.
    • Consumer protection laws.
    • Data privacy regulations.
    • Anti-spam laws.
    • Intellectual property laws.
    • Anti-discrimination laws.
    • Financial regulations.
  • Advertisers must not use the Platform for any illegal or unethical purposes, including but not limited to:
    • Promoting or facilitating illegal activities.
    • Engaging in deceptive or misleading advertising practices.
    • Collecting or using personal information without proper consent.
    • Discriminating against any individual or group based on race, religion, gender, sexual orientation, or any other protected characteristic.

5.2. Accurate Information:

  • Advertisers must provide accurate and truthful information in their advertising campaigns and when communicating with Publishers.
  • Advertisers must accurately describe the scope of work, deadlines, and payment terms for each campaign.

5.3. Fair Treatment:

  • Advertisers agree to treat Publishers fairly and respectfully.
  • Advertisers must not engage in any abusive, harassing, or discriminatory behavior towards Publishers.

5.4. Payment Obligations:

  • Advertisers are responsible for timely and accurate payment to Publishers for completed tasks and services according to the agreed-upon terms.
  • Advertisers must comply with all applicable payment laws and regulations.

6. Intellectual Property

6.1. Xirads Intellectual Property:

  • Xirads retains all rights, title, and interest in and to the Platform, including all intellectual property rights therein, such as trademarks, copyrights, patents, and trade secrets.
  • You may not use any Xirads trademarks, logos, or other intellectual property without the prior written consent of Xirads.

6.2. User Content:

  • By submitting content to the Platform (e.g., profile information, service descriptions, project submissions), you grant Xirads a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable, and perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media or format now known or hereafter developed.
  • You represent and warrant that you own or have the necessary rights to grant Xirads the foregoing license to any content you submit.
  • You acknowledge and agree that Xirads may use your feedback, suggestions, or ideas for improving the Platform without any obligation to compensate you.

7. Disclaimer of Warranties

7.1. No Warranties: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2. No Guarantees: XIRADS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

7.3. No Guarantees of Earnings: Xirads does not guarantee any specific level of earnings for Publishers.

7.4. No Endorsement: Xirads does not endorse or guarantee the quality, accuracy, or reliability of any services offered by Publishers or the quality, accuracy, or effectiveness of any advertising campaigns conducted by Advertisers.

8. Limitation of Liability

8.1. Limitation of Damages: IN NO EVENT SHALL XIRADS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA LOSS, OR LOSS OF GOODWILL, ARISING