STUDIO X LLC: GENERAL TERMS AND CONDITIONS OF USE

These terms of use are entered into by and between You and Studio X LLC (also referred to as “we,” or “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://www.x.studio/, https://www.xeek.ai/, https://www.xcover.io/, and https://www.6lab.io/ including any content, functionality, and services offered on or through https://www.x.studio/, https://www.xeek.ai/, https://www.xcover.io/, and https://www.6lab.io/ (the “Website”), whether as a guest or a registered user. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to You, You accept and agree to be bound and abide by these Terms of Use and our Privacy Policy https://www.x.studio/privacy incorporated by reference in the Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Policy, you should not access or use the Website.

1.  Changes to the Website & Terms of Use.

(a)    We may revise or make changes to the Website or these Terms of Use at any time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website after the changes have been posted. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes that arose before the date the change is posted on the Website.

(b)    Your continued use of the Website following changes to the content or the posting of revised Terms of Use means You accept and agree to the changes. We will notify you of material changes to the Terms of Use before they take effect. You should check this page from time to time, so you are aware of any changes, as they are binding on you.

(c)    We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

2.  Acceptable Use & Restrictions.

(a)    The Website may be used only for lawful purposes and in a lawful manner consistent with these Terms of Use. In connection with your use of the Website, you must comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, us, or the material on the Website (collectively, “Applicable Law”).

(b)    You represent and warrant that neither you nor your financial institution(s) are or have been “Restricted Parties,” which in these Terms of Use means any individual or entity targeted by any national, regional, or multilateral trade or economic sanctions or directly or indirectly owned or controlled or acting on behalf of such persons, entities or, organizations, their affiliates, directors, officers, or employees under any Applicable Law relating to trade or economic sanctions or embargoes, restricted party lists, controls on the import, export, re-export, use, sale, transfer, trade, or other disposal of goods, services, or technology, anti-boycott legislation, including without limitation those of the U.S., the European Union, and the United Kingdom. We reserve the right to monitor or investigate any transaction, activity, or content associated with the Website or your account, and take any action that we deem appropriate to prevent or remedy violations of Applicable Law or these Terms of Use.

(c)    You agree not to use the Website:

1. In any way that violates Applicable Law, including, without limitation, any laws regarding encryption or the export of data or software to and from the U.S. or other countries.

2. To attempt to or to actually exploit or harm any minor in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the requirements set out in these Terms of Use.

4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any similar solicitation.

5. To impersonate or attempt to impersonate Studio X LLC, a Studio X LLC employee, another user, or any other person or entity, including, without limitation, by using any associated email addresses or screen names.

6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Studio X LLC or users of the Website, or expose them to liability.

(d)    In using the Website, you also agree not to:

1. Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

3. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

4. Use any device, software, or routine that interferes with the proper working of the Website.

5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer, or database connected to the Website.

7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

8. Otherwise attempt to interfere with the proper working of the Website.

9. For the purposes of the Terms of Use, “Affiliate(s)” means a Party’s ultimate parent company or a legal entity which the Party or the Party’s ultimate parent company directly or indirectly, through one or more intermediaries, controls. For this purpose: (i) a company is directly controlled by another company or companies if that latter company beneficially owns or those latter companies together beneficially own fifty per cent (50%) or more of the voting rights attached to the issued share capital of the first mentioned company; and (ii) a company is indirectly controlled by another company or companies if a series of companies can be specified, beginning with that latter company or companies and ending with the first mentioned company, so related that each company of the series (except the latter company or companies) is directly controlled by one or more of the companies earlier in the series.

3. Account Security.

(a)    To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our https://www.x.studio/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

(b)    If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you will be responsible for treating that information as confidential and not disclosing it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

(c)    For security, you should ensure you exit from your account at the end of each session. You should also use particular caution when accessing your account from a public or shared computer to ensure others are not able to view or record your password or other personal information.

(d)    We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if we determine you have violated any provision of these Terms of Use.

4. Data Protection & Privacy.

All information We collect on this Website is subject to our https://www.x.studio/privacy, and We will only use Your information accordingly. By using the Website, you consent to all actions taken by Us with respect to your information in compliance with the Privacy Policy. Please read the https://www.x.studio/privacy carefully.

5.  Confidential Information.

You may receive information relating to us or our Affiliates or to the Service that is not known to the general public (“Confidential Information”). You agree that: (a) all Confidential Information will remain our exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your use of or participation in SixLab, XCOVER, or XEEK; and (c) you will not otherwise disclose Confidential Information to any other person or entity. You also agree that upon written request by us, you will promptly return or destroy any Confidential Information. Further, you agree to comply with the terms relating to Confidential Information which may be specific to SixLab, XCOVER, or XEEK.

6. User Generated Content.

(a)    The Website may contain personal profiles, discussion forums, file upload forms, interactive leaderboards, submit an idea form, express interest form and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Website.

(b)    All User Content must comply with the requirements set out in these Terms of Use.

(c)    Any User Content you post to the Website will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you grant us and our affiliates and each of their and our licensees, successors, and assigns the perpetual, irrevocable, royalty-free, worldwide right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.  You hereby waive any and all moral rights you have in any User Content you provide on the Website.

(d)    You represent and warrant that:

1. You own or control all rights in and to the User Content and have the right to grant the license granted above.

2. Your User Content complies with these Terms of Use.

3. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Studio X LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

(e)    We reserve the right, at any time, to:

1. Remove or refuse to post any User Content for any or no reason in our sole discretion.

2. Take any action with respect to any User Content that we consider appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Studio X LLC.

(f)     We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.

7. Intellectual Property Rights.

(a)    All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website, including all associated intellectual property rights, are the property of Studio X LLC and its licensors, and are protected by copyright and other intellectual property laws, or are included based on principles of “fair use.” Studio X LLC retains all rights with respect to the Website except those expressly granted to you in these Terms of Use.

(b)    The Studio X LLC name, the Shell name, the terms Xeek, XCover, SixLab, logo, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

(c)    These Terms of Use permit you to use the Website for your personal, non-commercial use only. You are permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material (including research and training material) on our Website only for the following reasons:

1. You may temporarily store copies of such materials in RAM incidental to accessing and viewing those materials.

2. You may store files that are automatically cached by your web browser for display enhancement purposes.

3. You may download, store, or print copies of material on the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution, except for any material in connection with your use of or participation in SixLab, XCOVER, or XEEK, which will be subject to the terms and conditions for each of those platforms.

(d)  In using the Website, you agree not to:

1. modify copies of any materials from the Website;

2. use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;

3. delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site;

(e)    If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@x.studio.

(f)     If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use.

(g)    Certain additional terms and conditions related to intellectual property rights may apply to your use of or participation in SixLab,XCOVER, or XEEK, and those terms are incorporated by reference in these Terms of Use.

(h)    If you believe that any User Content or other material on the Website violates your copyright, please send an email to support@x.studio notifying us of the copyright infringement. It is the policy of Studio X LLC to terminate the user accounts of repeat infringers.

8. External Websites & Applications.

(a)    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

(b)    You agree to only use social media features on the Website as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

(c)    The Website may contain links or produce search results that reference links to third-party websites (collectively "Linked Sites"). Studio X LLC has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Studio X LLC does not endorse the content of any Linked Site, nor does Studio X LLC warrant that a Linked Site will be free of computer viruses or other harmful or malicious code that could impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that use of any Linked Sites is at your own risk.

9.   DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY.

THE WEBSITE, ANY MATERIALS, THE PAYMENT PROCESSING SERVICE, AND THEIR PERFORMANCE, AVAILABILITY, AND RESULTS ARE PROVIDED AS IS, AS AVAILABLE, AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ANY MATERIALS, OR THE PAYMENT PROCESSING SERVICE THEIR PERFORMANCE, AVAILABILITY, OR RESULTS. AND DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE WEBSITE, THE MATERIALS, OR THE PAYMENT PROCESSING SERVICE OR THEIR PERFORMANCE OR RESULTS WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; (C) ANY WARRANTY AS TO ACCURACY OF ANY INFORMATION, CONTENT, MATERIALS, OR SUBMISSIONS AVAILABLE ON THE WEBSITE; OR (D) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

10.  Indemnification.

You agree to defend, indemnify, and hold harmless Studio X LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

11.  Enforcement; Termination.

(a)  We reserve the right to at any time:

1. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy

2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

3. Terminate or suspend your access to all or part of the Website for any reason, including without limitation, any violation of these Terms of Use.

(b)    YOU AGREE TO WAIVE AND HOLD HARMLESS STUDIO X LLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY STUDIO X LLC IN RESPONSE TO ANY INVESTIGATION BY EITHER STUDIO X LLC OR GOVERNMENTAL AUTHORITIES.

12.  Geographic Restrictions.

Studio X LLC is an entity based in the State of Texas in the United States. We provide this Website for use only by persons who are not Restricted Parties and who are not located countries or regions subject to comprehensive economic or trade sanctions or embargoes (including, Cuba, Crimea and Sevastopol, Iran, North Korea, Sudan, and Syria). We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with Applicable Law.

13.  Governing Law & Dispute Resolution.

(a)    Any and all claims or proceedings arising out of or relating to the Website or these Terms of Use, in each case, including non-contractual claims or proceedings, will be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule that would provide otherwise.

(b)    Any and all claims or proceedings arising out of or relating to the Website or these Terms of Use, in each case, including non-contractual claims or proceedings, must be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, located in the City of Houston and the County of Harris, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence. You waive any and all objections to the exercise of jurisdiction over you by the courts and to venue in the courts listed above. To the fullest extent by law, each party hereby irrevocably waives its rights to trial by jury in any claim or proceeding arising out of or relating to the Website or these Terms of Use.

14.  Waiver & Severability.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

15.  Entire Agreement.

The Terms of Use, our Privacy Policy, and specific terms for Xeek, XCover, or SixLab constitute the sole and entire agreement between you and Studio X LLC regarding the Website and any services related to your use of or participation in the Website, SixLab, XCOVER, and XEEK, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website, SixLab, XCOVER, and XEEK. Except to the extent expressly stated herein or in an written agreement between you and Studio X (including written agreements relating to SixLab, XCOVER, and XEEK), the Website and any statements or information contained therein is not, and should not be construed as, an offer, guarantee, or promise of any nature and does not create any obligations of Studio X.

16.  Comments & Concerns.

(a)    This website is operated by Studio X LLC, the principal office of which is located at 211 E. 7th Street, 5th Floor, Austin, TX 78701.

(b)    All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@x.studio.