XITE (“XITE”, “we”, “us”, “our”), provides a music video streaming service that allows our subscribers (“you”, “your”) access to music videos (“XITE Content”) streamed over the Internet to Internet-connected TVs, computers and other devices (“Devices”). 

These Terms of Use govern your use of our service. Signing up to any XITE Service or viewing any XITE Content constitutes acceptance of these Terms of Use.

1. XITE Service

1.1 The service.

“XITE Service”, means the music video streaming service provided by XITE for discovering and watching XITE Content, including all features and functionalities, the website, and user interfaces, as well as all content and software associated with our service.

1.2 The XITE Service consists of:

1. the “XITE Free” subscription, which provides a free version of the service with limited functionalities and advertising spots, and

2. the “XITE Premium” subscription, which provides a full product version without advertisements, and

3. such other services as we may offer to you in the future.

1.3 Minimum age.

You must be at least 16 years of age to become a subscriber to the XITE Service. We do not accept any liability for the consequences of viewing XITE Content by viewers below the minimum age.

1.4 Private use.

The XITE Service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your XITE subscription we grant you a limited, non-exclusive, non-transferable right to access the XITE Service and view XITE Content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

1.5 Geographic limitations.

You may view the XITE Content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch is one for XITE Free subscribers and two for XITE Premium subscribers.

1.6 Updates.

The XITE Service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of XITE Content. 

1.7 Compliance.

You agree to use the XITE Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. 

1.8 Intellectual property.

All intellectual property rights pertaining to the XITE Content remain at all times in the ownership of XITE and its licensors. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the XITE Service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the XITE Service; use any robot, spider, scraper or other automated means to access the XITE Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the XITE Service; insert any code or product or manipulate the content of the XITE Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the XITE Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

1.9 Availability; Quality; formats; use of Internet.

We may interrupt or suspend the XITE Services for the purpose of maintenance or repairs to our platform. The quality of the display of the XITE Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and 4K availability is subject to your Internet service and device capabilities. Not all content is available in all formats. You are responsible for all Internet access charges and any fees related to software that you use in connection with viewing XITE Content. The time it takes to begin watching XITE Content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Device.

1.10 Passwords and account access.

The person who created the XITE account and whose account is charged has access and control over the XITE account and the Devices that are used to access our service and is responsible for any activity that occurs through the XITE account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the account owner should maintain control over the Devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, XITE or our partners from identity theft or other fraudulent activity.

2. Free Trials

2.1 Term.

Your XITE subscription may start with a free trial. The free trial period of your subscription lasts for two weeks, or as otherwise specified during sign-up. It is intended to allow new subscribers to try the service.

2.2 Trial eligibility.

Free trial eligibility is determined by XITE at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent XITE subscription are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent XITE subscription to determine eligibility. For combinations with other offers, restrictions may apply.

2.3 Start of payment.

We will charge your account for your monthly subscription fee at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period. To view the monthly subscription price and end date of your free trial period, please visit our website www.xite.com/account. 

3. Subscription and payment

3.1 Term.

Your XITE subscription will continue month-to-month until terminated. To use the XITE Service you must have Internet access and a Device. To use the XITE Premium service, you must provide us with one or more payment methods. A “payment method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you terminate your subscription before your monthly billing date, you authorize us to charge your next month’s subscription fee to your account.

3.2 Billing.

The subscription fee for the XITE Service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your account on the calendar day corresponding to the commencement of the paying portion of your subscription. 

3.3 Payment Methods.

To use the XITE Service you must provide one or more payment methods. You can update your payment methods by contacting our customer service through xite.com/contact. We may also update your payment methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable payment method(s). You authorize us to charge any payment method associated with your account in case your primary payment method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method used. Check with your payment method service provider for details.

3.4  Cancellation.

You can cancel your XITE subscription at any time, and you will continue to have access to the XITE Service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods. To cancel your Premium subscription, please go to your account page on www.xite.com/account. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, please go to www.xite.com/account. If you signed up for XITE using your account with a third party as a payment method and wish to cancel your XITE subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the XITE Service through that third party. You may also find billing information about your XITE subscription by visiting your account with the applicable third party.

3.5  Changes to the price and subscription forms.

We may change our subscription forms and the price of our service from time to time; however, any price changes or changes to our subscription forms will apply to you no earlier than 30 days following notice to you.

4. Privacy

4.1 Privacy.

By using the XITE Services, you will provide certain personal data to us, such as subscriber information and information regarding your viewing preferences. By using the XITE Services, you provide us with consent to use such personal data. All data will be collected and used by us in accordance with our privacy statement, which you will find at

https://xite.com/xite-privacy-statement/

or

https://xite.com/privacy_statement

depending on your country/region. 

5. Limitation of liability

5.1 Dissatisfaction with the XITE App.

You agree that your sole and exclusive remedy for any problems or dissatisfaction with the XITE Service is to uninstall any XITE software and to stop using the XITE service. You agree that XITE has no obligation or liability arising from or related to third-parties (such as advertisers and/or applications) or the content made available through or in connection with the XITE Service.

5.2 Own Risk.

While we do our best to provide the optimal performance of the services, you agree that use of the XITE Services is at your own risk. The Services, including the XITE App, website, the content, the video player, the features, user material, and any other materials contained on or provided through any access point or compatible device, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, XITE does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or noninfringement; or that the services will be uninterrupted, free of viruses and other harmful components, accurate, error free, or reliable.

5.3 XITE’s Liability.

In no event will XITE, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the XITE Service, devices, third-party applications, or third-party application content, regardless of legal theory, without regard to whether XITE has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the XITE Service, third-party applications, or third-party application content more than the greater of the amounts paid by you to XITE during the twelve months prior to the first claim; or €50. 

5.4 Excluding.

For clarification, these terms do not limit XITE’s liability for malicious intent, fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.

6. Miscellaneous

6.1 Governing Law.

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.  

Further, you agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them).

Country or region:

EU

Choice of Law:

Law of the Netherlands

Jurisdiction:

Courts of Amsterdam

Country or region:

All other countries and regions in which XITE is available.

Choice of Law:

Law of the Netherlands

Jurisdiction:

Courts of Amsterdam

Country or region:

Canada

Choice of Law:

All residents of Canada (except Quebec): Laws of the Province of Ontario;

Residents of Quebec: Laws of the Province of Quebec, Canada.

Jurisdiction:

All residents of Canada (except Quebec): Exclusive other than for the purpose of enforcing judgements; Courts of Ontario, Canada

Residents of Quebec: Courts of Quebec, Canada.

Country or region:

UK

Choice of Law:

Laws of England and Wales

Jurisdiction:

Courts of London

Country or region:

US

Choice of Law:

Laws of New York, United States

Jurisdiction:

Courts of the city of New York

US

6.2 Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the XITE Help section on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. 

6.3 Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

6.4 Changes to Terms of Use. XITE may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you.

6.5 Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You are responsible to provide XITE with a correct email address.

Contact:

XITE Networks Netherlands B.V. 

Spijkerkade 28,

1021 JS Amsterdam

The Netherlands 

XITE Networks USA, Inc.

228 East 45th Street

10017 New York

United States of America