Terms of Service
Your use of the service is subject to Terms and Conditions.
1. Use of Service
The service is not intended for use by individuals under the age of 14. If you are a under the age of 18, you can use the service only with the agreement of, and under the supervision of, your parent or guardian. You are responsible and liable for all your activities while using the service. The use of the service is entirely at your own risk. Your activities on the service are not private; do not transmit anything that you would not want the world to be able to see.
The service may not be used to transmit material, links or references to material which: is unlawful, hateful, offensive, vulgar, abusive, defamatory, obscene or sexually explicit, promotes self harm is intended to harass, stalk, intimidate, threaten, victimize, deceive, degrade, embarrass, cause distress or discomfort contains direct threats of violence or depicts violence gratuitously promotes any dangerous or illegal activity contains or solicits personal information infringes anyone else's intellectual property rights violates proprietary rights of any person impersonates or represents another person is otherwise deemed inappropriate by aswixat aswixat does not promote groups or users that are based on religious or political views
2. RestrictionsYou will not disrupt the operation of the service
makes no guarantees concerning the service
makes no guarantee that the service does not contain material that could be offensive to some
does not verify any user identities on the service
does not guarantee the proper use material on the service by any party
may pass any material to appropriate authorities
reserves the right, but has no obligation, to monitor or moderate the service
reserves the right to terminate your use of the service and remove material stored on the service at any time, for any reason
reserves the right to delete or refuse to distribute any content, or any group and to terminate or reclaim users, user names, group names and IDs.
reserves the right to amend or change the Terms and Conditions at any time without notice
You are responsible for the security and proper use of all your accounts and passwords used in connection with the service and must take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to unauthorised people.
You must use your aswixat accounts on a regular basis in order to keep them active. aswixat may, without notification, cancel your accounts which have not been used for a period of ninety (90) days.
Individuals are responsible for the material they post to the chat box but group moderators should do what they can to ensure that your users abide by the terms and conditions.
Inactive or inappropriately run groups will be disabled or passed on to other moderators.
You are responsible for the security and proper use of all your groups and passwords used in connection with the service and must take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to unauthorised people.
You must use your aswixat groups on a regular basis in order to keep them active. aswixat may, without notification, cancel your groups which have not been used for a period of ninety (90) days or if the group is largely inactive.
6. aswixat Paid for Premium Services
aswixat offer certain premium services that are subject to charges
all premium services purchased from aswixat can only be used in the aswixat chat box and within the terms and conditions of aswixat
aswixat retains the right to withdraw premium services
when premium services are purchased from aswixat by the user, the amount of aswixats (credits) used for that purchase will be deducted from the users account immediately. The user will not have a right to cancel the order after the order has been placed
If a user is banned from the aswixat site for contraventions of aswixat terms and conditions they will lose the right to a refund of aswixats (credits). In some circumstances unused credits may be refunded to the user if more than 200 aswixats remain in a deactivated user account. The costs incurred by aswixat in providing this refund will be deducted from the outstanding user balance in question. If the costs exceed the balance no refund will be made.
The site includes fictional currencies (e.g. aswixats, days), which may be purchased with real world currency and can then be exchanged on this Site for limited license right(s) to use a feature of our product when, as, and if allowed by aswixat and subject to the terms of service. Regardless of terminology used, aswixat Credits are not redeemable for any sum of real world money or monetary value from aswixat at any time. You agree that aswixat has the absolute right to manage, regulate, control, modify and/or eliminate such Credits as it sees fit in its sole discretion, in any general or specific case, and that aswixat will have no liability to you based on its exercise of such rights. aswixat Credits cannot be used for any kind of wagering, betting or gambling either within or outside of our Site.
aswixat does not assume any responsibility associated with your transactions with such third parties. aswixat is the sole owner of Credits, and as such, retains all intellectual property rights affiliated with ownership. You acknowledge that at no time do you own, nor have any right to, the intellectual property affiliated with Credits. You are hereby prohibited from reselling or distributing Credits without the expressed written consent of aswixat.
There will be no refunds for any unused credits for any portion of the Service in the case of cancellation or account locking, suspension or termination by aswixat.
Under this Terms of Service agreement you must first contact aswixat to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing (by fax) to our billing department within one month of the invoice payment in question. By using our services You agree to the above policy and to contact aswixat before contacting your financial institution to seek a resolution. In the event you dispute charges contrary to this agreement, we reserve the right to add a $150 collection chargeback fee per transaction and to refer your account or sell your debt to a third party collection agency. We also reserve the right to take further legal action against you.
7. Tortuous Conduct
You are expected to request and respond to support and other issues in a courteous manner, when emailing, calling, submitting online tickets or using live chat with a representative of aswixat. Any cursing, yelling, or further intentional disruptive behavior aimed at aswixat or its employees shall be considered a violation of this Terms of Service agreement. Any threat; whether orally, verbally, in written, via E-mail, via live chat, delivered by second parties or delivered in any other way, and directed towards aswixat or any of aswixat's employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement.
aswixat does not resolve disputes between users and does not guarantee that users will comply with our terms and conditions or otherwise behave appropriately. If you are the victim of offensive or inappropriate behavior or receive any other unwanted communications, you should use the built-in facilities to block the messages as well as seeking appropriate external help, for example from law enforcement authorities. If you continue to suffer problems, or are not satisfied, then you must stop using the service. You may report people who you believe to be breaking the terms of service to aswixat/support but you should not expect their group or account to be deleted as a result of your report, aswixat may take action against them including suspending or locking accounts with no further communication with you.
It is your sole responsibility to ensure that you are not scammed or phished while using the service. aswixat is unable to resolve scamming or phishing disputes between users, this includes but is not limited to reversing trades, returning aswixats, days, powers after a bargain did not turn out as you expected. You may report scammers and phishing sites to aswixat/support, aswixat may take action against them including suspending or locking accounts with no further communication with you.
YOU ARE SOLELY RESPONSIBLE FOR ANY DISPUTES BETWEEN YOU AND OTHER aswixat USERS INCLUDING WITHOUT LIMITATION, DISPUTES CONCERNING TRANSACTIONS WITH OTHER MEMBERS. aswixat RESERVES THE RIGHT, BUT HAS NO OBLIGATION TO MONITOR OR RESOLVE DISPUTES BETWEEN aswixat USERS. YOU WILL NOT HOLD aswixat RESPONSIBLE FOR OTHER USERS' CONTENT, ACTIONS OR INACTIONS. IF YOU HAVE A DISPUTE WITH ONE OR MORE aswixat USERS, YOU RELEASE aswixat, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
9. Copyright Infringement
To file a notice of infringement, you must provide a written communication (by fax).
DISCLAIMERS OF WARRANTIES
THE SERVICE AND THE MATERIALS ARE PROVIDED "AS IS"; AND "AS AVAILABLE", AND WITHOUT WARRANTY BY aswixat, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, aswixat EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THERE IS NO WARRANTY THAT THE SERVICE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. aswixat DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE MATERIALS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD aswixat RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE AND/OR THE MATERIALS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO aswixat.
UNDER NO CIRCUMSTANCES SHALL aswixat BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE MATERIALS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL aswixat BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR THE MATERIALS, EVEN IF aswixat, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, aswixat, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND REGARDLESS OF TERMINOLOGY USED, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GROUPS OR ACCOUNTS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE GROUPS OR ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF aswixat.
These Terms shall be governed in accordance with the laws of England and Wales and all disputes shall be decided in the courts of England and Wales.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, we agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If we fail to enforce any provision of these terms of service, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. This Terms of Service is the complete and exclusive statement of the agreement between you and aswixat concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and aswixat. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Except for clauses excluding or restricting our liability a person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.