Terms of Service

Effective Date: December 31, 2024
Last Updated: December 31, 2024

Welcome to xplayly.com. These Terms of Service ("Terms") govern your access to and use of the xplayly.com website and any services, features, content, or applications offered by xplayly.com (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all of these Terms, you are prohibited from using the Service.

1. Acceptance of Terms

By accessing, browsing, or otherwise using xplayly.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of xplayly.com following the posting of any changes constitutes acceptance of those changes.

2. Description of Service

xplayly.com is a provider of a diverse collection of free, web-based utilities and tools ("Tools"). These Tools are designed to assist users with various tasks such as format conversion, data calculation, text manipulation, encoding, and other common online functions. xplayly.com provides these Tools on an "as-is" and "as-available" basis. We reserve the right to modify, suspend, or discontinue any Tool or the entire Service at any time, for any reason, without prior notice. We do not guarantee the availability, accuracy, or completeness of any Tool's functionality or output.

3. User Obligations and Conduct

You agree to use xplayly.com only for lawful purposes and in accordance with these Terms. You are solely responsible for any data, information, or content you input, upload, or process using the Tools ("User Content"). You agree not to:

a) Use the Service in any way that violates any applicable federal, state, local, or international law or regulation.
b) Exploit the Tools for any unauthorized commercial purpose, including but not limited to automated data extraction, scraping, or spamming.
c) Transmit any malware, viruses, or any code of a destructive nature through the Service.
d) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of xplayly.com, the server on which the Service is stored, or any server, computer, or database connected to the Service.
e) Input any User Content that is illegal, infringing, defamatory, obscene, or otherwise objectionable.

xplayly.com does not claim ownership of your User Content. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and display the User Content solely for the purpose of providing the Service to you.

4. Intellectual Property Rights

The Service, its original content (excluding User Content), features, functionality, and the overall design and layout of xplayly.com are and will remain the exclusive property of xplayly.com and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of xplayly.com. The individual Tools may utilize third-party libraries or code; respective intellectual property rights remain with their owners. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for personal, non-commercial use only.

5. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall xplayly.com, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage. Your sole and exclusive remedy for dissatisfaction with xplayly.com is to stop using the Service.

6. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XPLAYLY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. XPLAYLY.COM MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THE OUTPUT OF THE TOOLS IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR CRITICAL DECISIONS.

7. Indemnification

You agree to defend, indemnify, and hold harmless xplayly.com and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account; b) a breach of these Terms, or c) User Content posted on or through the Service.

8. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal or state courts located in Cook County, Illinois. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

10. Contact Information

If you have any questions about these Terms of Service, please contact us at:

xplayly.com
4321 Cloud Boulevard, Suite 180
Chicago, IL 60601
United States
Email: [email protected]