Terms of use

Introduction

This document describes the terms of use of the Xquissive website and services. You should also review our privacy policy, which describes our practices our information handling practices in more detail. The text in the boxes provides a brief explanation of the Terms of Use and is not legally binding.

Acceptance of Terms

This website is operated by Xquissive. Throughout the site, the terms “we”, “us” and “our” refer to Xquissive. Xquissive offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and in our privacy policy.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms of use” ), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Access the Site

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Xquissive.

Xquissive reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Xquissive may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and Services without notice or liability.

The Site should not be used or relied upon for storage of your photographs, images, videos, sounds or any other content you uploaded, and you are directed to retain your own copies of all Content posted on the Site.

Registration

You may need to create an account with Xquissive in order to use some of our Services. For that purpose, you will be required to select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You may not use as a user name the name of another person or entity or that is not lawfully available for use, a name or a trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that in a manner misleads the readers into thinking that you are another person or company, or a name that is otherwise offensive, vulgar or obscene.

It is your responsibility to keep your login credentials secure and you are solely responsible for all activities that occur via your account. You must immediately notify Xquissive of any unauthorized uses of your account or any other breaches of security. Xquissive will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Services are available only to individuals who are at least 16 years old. Parents and legal guardians are warned that the Site does display photographs and images containing nudity and violence that may be offensive to some.

If you are using our Services on behalf of a business, that business accepts these terms.
You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.

Pages describing the Services are accessible from around the world but this does not mean all Services or service features are available in your country, or that user-generated Content available via the Services is legal in your country. Xquissive may block access to certain Services (or certain service features or Content) in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you live. Services are not available in all languages.

Fees

Xquissive reserves the right, at any time, to change any fees or charges for using any services provided on the Site (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change.

User Conduct

If you operate an account, comment on a forum or project, post material on the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of the type of Content (e.g., images, video, sound, links, etc.). Xquissive does not control user submitted Content and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using this Site you may be exposed to Content that is offensive, indecent or objectionable.

As a condition of use, you promise no to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Xquissive. As an example, an not as a limitation, you agree not to use the Services:

  1. To abuse, harass, threaten, impersonate or intimidate any person.
  2. To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person.
  3. For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services.
  4. To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Xquissive user.
  5. To create or transmit unwanted ‘spam’ to any person or any URL.
  6. To create multiple accounts for the purpose of liking (i.e., giving ‘like’ votes) for or against user’s projects.
  7. To post copyrighted Content which does not belong to you, with the exception of the ‘Forums’, where you might post such Content with the explicit mention of the author’s name and a link to the source of the Content.
  8. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that impose, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.
  9. To artificially inflate or alter ‘likes’, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for ‘likes’, or for participating in any other organized effort that in any way artificially alters the results of Services.
  10. To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
  11. To sell or otherwise transfer your profile.
  12. To use the Services as a generic image hosting service such as for banner advertising, etc.

By making Content available, you represent and warrant that:

  1. The use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
  2. If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
  3. You have fully complied with any third-party licenses relating to the Content.
  4. The Content does not contain or install any viruses, worms, malware, Trojan horse or other harmful or destructive content.
  5. Your use of the Site and Services will be in strict accordance with Domestika’s Privacy Policy, with these Terms, with any other legal notices published by Domestika on the Site, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).

If you suspect there has been an abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “Copyright Complaints” below) please send us an e-mail with all the details to: support@xquissive.com.

Xquissive reserves the right to ban any member from using the Services for any reason. Domestika reserves the right to remove any Content (including, but not limited to, projects, comments, messages, avatars, etc.) for any reason whatsoever.

Without limiting any of those representations or warranties, Xquissive has the right (though not the obligation) to, in Xquissive sole discretion (i) refuse or remove any Content that, in Xquissive’s reasonable opinion, violates the Terms or is in any way harmful or objectionable, or (ii) terminate or deny access to the Site to any individual or entity for any reason, in Xquissive’s sole discretion.

You are solely responsible for your interactions with other users of the Site. Xquissive reserves the right, but has no obligation, to monitor disputes between you and your other users.

Content submitted or made available for inclusion on the site

You retain all rights and ownership of your Content. Xquissive does not claim any ownership rights in your Content.

Nonetheless, when you upload or submit Content to our Site, you grant Xquissive (and our parents and affiliates) a worldwide, non exclusive license to communicate, distribute, host, make modifications or derivative works (solely for the purpose of better showcase your work), publicly display, publicly perform, publish, reproduce, store, and use such Content.

The license granted by you is for the only purposes of operating, marketing, promoting, and improving our Services. We will attribute to you if we incorporate your Content into a Xquissive feature or into promotional or marketing materials.

In addition, by submitting your Content you grant other Xquissive users and visitors the right to share your Content via several social media platforms integrated with Xquissive (for example, Pinterest, Facebook or Twitter).

Xquissive makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. Xquissive does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize Xquissive to permit users and visitors to the Site to make such low resolution copies of your Content.

You represent and warrant that you shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Xquissive, all of which such rights are hereby expressly and irrevocably waived by you in favor of Xquissive.

You may terminate this license at any time by removing your Content form the Services. If you delete Content, Xquissive will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may to be immediately unavailable. You also agree that Xquissive may retain and use copies of your Content for archival or backup purposes and for the investigation purpose mentioned later.

Responsibility of Site Visitors

Domestika has not reviewed, and cannot review, all of the material posted to the Site, and cannot therefore be responsible for that materials content, use or effects. By operating the Site, Domestika does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.

The site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Xquissive disclaims any responsibility for any harm resulting from the use by visitors of the Site, or form any downloading by those visitors of Content there posted.
You agree that if you come across Content that you may find offensive or upsetting that meets the Terms requirements, your sole remedy is to simply stop viewing the Content that bothers you. If the Content violates these Terms, you agree that your sole remedy is to report it to us by as an email with all the details to: support@xquissive.com.

Teaching or Attending a Class

Xquissive also provides a community marketplace to learn from creative professionals through online classes (“Classes”).

These Terms, the Privacy Policy and any other legal notices published by Xquissive are in addition to any agreements, releases or other documents (the “Class Agreements”) that a teacher and student may enter into in connection with a class, including any Class Agreements entered into through the Site.

Students and teachers are each responsible to the other for complying with the terms of the Class Agreements, but Xquissive has no control over either party’s compliance. Among other things, Xquissive cannot control (a) the provisions of the Class Agreements, (b) the accuracy or legality of the Class Agreements or (c) any party’s performance of its obligations under the Class Agreements. Accordingly, Xquissive shall not be held responsible for any liability arising out of the Class Agreements or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other user.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE XQUISSIVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “XQUISSIVE PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE CLASS AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A STUDENT OR TEACHER). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

You expressly acknowledge and agree that your use of the Site, the Classes and all Content and services available on the Site is at your sole risk and responsibility. THE CLASSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE COURSES AND CONTENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE CONTENT OR THE CLASSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE CLASSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE CLASSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS ON THE CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE CLASSES AND CONTENT.

If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Xquissive reserves the right to, but is under no obligation, to delete the listing of any class at any time and for any reason.

Special Rules for Students

You agree to accept all of the terms and conditions including the cancellation policy listed in the Site when you agree to book a class on Xquissive.

All Classes offered on Xquissive are valid only for the specified dates.

You agree to follow all reasonable rules set by a teacher with respect to a Class, and not to take any actions to interfere with the teacher or any other students in the Class.

When you pay to participate in the Class you will have the unlimited right to download the materials for the class. The materials will remain available for download in your online account indefinitely from the date of purchase.

As a student, when you enroll in a class, whether it’s a free or paid class, you are getting from Xquissive a license to view the class via the Xquissive platform and Services, and Xquissive is the licensor of record. Classes are licensed, and not sold, to you. This license does not give you any right to resell the class in any manner (including by sharing account information with a purchaser or illegally downloading the class and sharing it on torrent sites).

In legal, more complete terms, Xquissive grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the classes and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular classes or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any class unless we give you explicit permission to do so in a written agreement signed by a Xquissive authorized representative.

We generally give a lifetime access license to our students when they enroll in a class. However, for liability reasons we consider that the legal access expires in a year and we reserve the right to revoke any license to access and the use of classes at any point in time in the event where we decide or are obligated to disable access to a class due to legal or policy reasons, for example, if the class you enrolled in is the object of a copyright complaint, or if we determine its content violates our terms. The access is not applicable to add-on features and services associated with a class, for example translation captions of classes may be disabled by instructors at any time, and an instructor may decide at any time to no longer provide teaching assistance or Q&A services in association with a class. To be clear, the access is to the class content but not to the instructor.

Special Rules for Teachers

By listing a class on Xquissive, you assume full responsibility for the content of the service offered. You also understand that it is publicly available to be viewed and book by any student.

By listing a class on Xquissive, you agree to honor all registrations through Xquissive.com at the price and time listed in the Site, and not to refuse registration or attendance by any student for any discriminatory or other illegal reason.

You represent and warrant to Xquissive that you are qualified to teach the classes that you list with the Site and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.

You agree not to abuse your students’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in your class without the students’ prior consent.

You understand that, if you teach a class, your students will have the opportunity to review their experience with you. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.
You may choose to remove content from your class and will continue to own such content, but we will continue to have the right to use that content and to provide it to students who have paid for your class.

You understand and acknowledge that Xquissive will have the right to refuse your services as a teacher, with or without reason. You also understand that Xquissive will have the right to decide the subject of the class and its content and scope.

You have read, understand and agree to the Guideliness. You also understand and agree that we will not paid you for any expenses in which you may have incurred in the preparation of a class that does not pass our approval process.

Classes Payment and Fees

Fees for classes are collected by Xquissive from students via Skrill and Paypal and (subject to the below) are then remitted to the teacher via PayPal Payments.

Refunds are available until fourteen (14) days after the later of (a) the enrollment date or (b) the class launch date. Assuming receipt by Xquissive of payment from a student, fees for online classes will be sent to Paypal for processing on your request.

Teachers and students agree that Xquissive’s responsibility is solely to process payments as set forth above, and Xquissive is not party to any transaction between any student and/or teacher and cannot be held responsible for any issues arising from any such transaction.

A full payment is required to register for a class on Xquissive, unless otherwise agreed by the teacher.

Fees for classes or any other portion of the Service may be changed at any time without prior notice.

Instructors are responsible for all income, sales and other taxes associated with fees earned from their classes.

Classes Cancellations and Refunds

Except for the refund period for online classes described above, Xquissive is not responsible or liable for any refunds for classes. Students whose classes are cancelled after enrollment, but before the launch date, will receive a full refund of the price paid.

Links

The Site may provide, or third parties may provide, links to other websites or webpages. Because Xquissive has no control over such websites and webpages, you acknowledge and agree that Domestika is not responsible for the availability of such external websites and webpages, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or webpages.

You further acknowledge and agree that Xquissive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or webpages. Some people may post links and we are not responsible for those links.

Domestika’s Intellectual Property

The Site and any trademarks, logo, sample code, software, and other content and assets (“Xquissive Materials”) that Xquissive provides to you as part of the Services are protected by intellectual property rights. Using our Site does not give you ownership of any such intellectual property rights.

You may not use content accessible from our Site unless you obtain prior permission from its owner or are otherwise permitted by law. You are not permitted to use Xquissive trademarks and logos related to the Services without our prior consent. Do not remove, obscure, or alter any text or proprietary notices contained in the Xquissive Materials. You cannot use the Xquissive Materials to construct any kind of database.

Xquissive Disclaimer of Warranties

You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our Site or through our Services do not necessarily reflect our views. We do not support or endorse certain content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized.

Although we do what we can to provide security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES THE CONTENT AND DOMESTIKA MATERIALS ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES, THE CONTENT OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, CONTENT OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, CONTENT OR MATERIALS WILL BE CORRECTED. Neither

Xquissive nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.

Limitation of Liability

In no event will Xquissive, or its suppliers or licensors, be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Xquissive under these Terms during the twelve (12) month period prior to the cause of action. Xquissive shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Termination

Xquissive may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately.

You can stop using our Services at any time. You may delete your account by going to your account settings and clicking on the “I would like to delete my Xquissive account” button. You can also contact us via the support portal. When you delete your account, we will delete your profile and all related data including your projects, favorites and comments in other projects in the Site, although this may not take place immediately. Xquissive cannot delete your forum topics and responses, however we will delete your name and dissociate your profile from all this activity.

Change

Xquissive reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes. Xquissive may also, in the future, offer new services and/or features through the Site. Such new features and/or services will be subject to the terms and conditions of these Terms.

Notices

Please send your notices to support@xquissive.com.

All communication between Xquissive and you will be sent and received electronically. You agree that all electronic communication between Xquissive and you shall satisfy any legal requirements that such communications be in writing.

Indemnification

You agree to indemnify and hold Xquissive and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorney’s fees, due to or arising out of your Content, your use of the Site, the Services or Xquissive Materials, your violation of the Terms, or your violation of any rights of another.

Miscellaneous

You agree that the Service shall be deemed a passive interactive service based solely in The Netherlands and shall not give rise to personal jurisdiction over Xquissive, either specific or general, in jurisdictions other than The Netherlands.

These Terms of Use, together with the Privacy Policy and any other legal notices published by Xquissive, constitute the entire agreement between you and Xquissive concerning the Service and the services provided by Xquissive. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect.

Xquissive’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.

Xquissive may assign its rights and duties under these Terms to any party at any time without notice to you.

Any rights of Xquissive not expressly granted herein are reserved.

Last updated: 14-1-2022