Last updated: 5.07.2020
1. DEFINITIONS. ACCEPTANCE.
Herein the following definitions are used:
“HitX”, “We”, “Service Owner” or the “Website Owner”– means HitX, as well as any its affiliates and/or subsidiaries;
“You” or “User” means a person, who uses the Website or HitX mobile application;
“Website” or "Site" means the website: https://hitxapp.com/;
“Application” means HitX Mobile Application represented for iOS and Android platforms;
“Services” means services provided by the HitX through the Website or the Applications;
Under these Terms, HitX offers users the ability to (I) use the Website; (II) use the Applications; (III) download and/or purchase certain Applications; and (IV) provide feedback and/or other material to HitX.
If you do not agree to these Terms, do not use the Site or HitX’s Applications.
Ownership. The Site and our Mobile Applications, our online applications, all content, services, and functionality associated with our mobile and online Applications, and certain functionality on the Website are the exclusive property of HitX and/or its suppliers. All rights not granted herein are reserved by HitX. From time to time, we may offer you the ability to use Applications, but any and all such usage and offers to use the Applications are subject at all times to these Terms and the licenses HitX grants to you.
Grant of License. So long as you comply with these Terms, we grant you a non-exclusive, non-transferable, terminable license to view and use the Website and Applications only for entertainment purposes.
The licenses granted to you are conditioned upon your proper conduct and compliance with these Terms at all times, as judged by HitX in its sole discretion and judgment. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website or any Application.
2. LICENSE LIMITATIONS. PROHIBITED CONDUCT.
The licenses granted to you will be revoked (with or without notice) and ineffective if you:
a) are under age 13 or if you are between the ages of 14 and 17 and have not obtained the consent of your parent or legal guardian;
b) use any robot, spider, bot or other automatic device or manual process to monitor or copy any portion of a Website or the Applications without our prior written permission;
c) use any device, software or routine to damage, overburden or impair the Website or any Applications, which includes the use of a jail-broken or rooted device or tool that enables the operation of the Site or an Application in a manner that is other than what we intended;
d) take any action that imposes an unreasonable or disproportionately large load on our infrastructure or interferes with any other user’s ability to use or access the Website or any Application;
e) copy, reproduce, alter, modify, transfer, lease, loan, sell, create derivative works, or publicly display any Application or content from the Site or a portion of an Application or the Website;
f) alter or modify the copyright notices and any other proprietary legends that appear on the Website or any Application;
g) access the Website or Application by any means other than through the public interfaces we provide to you;
h) are located in a country or territory embargoed or sanctioned by the United States or if you are in the U.S. Treasury Department’s list of Specially Designated Nationals;
i) have previously had your license to the Site and/or Applications revoked by HitX;
j) engage in any act that HitX seems to be in conflict with the spirit or intent of these Terms, the Website or the Applications, including, but not limited to, circumventing or manipulating these Terms, Application mechanics or policies;
k) make improper use of HitX’s customer service or other support services, including by submitting false reports or using profane and abusive language in your communications with any HitX employee or representative;
i) fail to comply with any of the provisions of these Terms.
Our Applications and the Website are not intended for use by children under age 13 or persons who have not reached the age of majority under the laws of the applicable jurisdiction. If you are a parent, legal guardian, and other adults responsible for children in your care, you are fully responsible for any use of your credit card or another payment instrument by the children in your care. Parents and other adults who provide our Applications to their children, children in their care or other adults should take precautions to prevent unintended purchases of Applications or in-Application content. For example, in the Android operating system environment, you should delete your credit card information in advance of providing your device that includes any Application to anyone. We accept ABSOLUTELY NO RETURNS on any digital or virtual purchases, including those made by children in your care.
HitX assumes no liability for purchase errors, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any purchased item for any reason (“Purchaser Errors”). HitX shall not be liable for any errors on billing statements issued to you by your carrier or Application distributor. You accept full responsibility for confirming that your device, platform, and carrier are supported and that the phone or other device and platform are compatible with the products or services purchased, downloaded, or otherwise obtained by you through the Website or Application. Although HitX will make commercially reasonable efforts to help you obtain the proper software for your device or platform, HitX shall not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any product or service available through the Website, please contact the HitX customer care at email@example.com. We accept ABSOLUTELY NO RETURNS on any software downloads, digital or virtual Items purchases. Please review your system requirements very carefully before making any purchases. You agree to be responsible for obtaining and maintaining all device hardware, software and other equipment needed for access to and use of the Website and/or Applications, and all charges related thereto.
You agree that you will obey all federal, state, and local laws, regulations and rules that apply to your activities when you access the Website or use the Applications, and you shall respect the rights of all other users of the Website and the Applications.
In furtherance of the foregoing, by way of example and not as a limitation, conduct that violates these Terms and which will result in the revocation (with or without notice) of the licenses granted to you to the Site and Applications includes:
Interfering with, disrupting, or circumventing any security feature of the Website or Applications or any feature that restricts or implements limitations on the use of or access to the Website or Applications.
Using or communicating exploits to gain an unfair advantage in the Applications.
Attempting to get the password, account information, or other private or personal information from another user or from HitX Services.
Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derived the source code or object code for any underlying software or other intellectual property used in the Applications or the Website, or to obtain any information from the Applications or the Website using any method not expressly permitted by HitX;
Using the Website or Applications to harm minors;
Defrauding or misleading HitX or engaging in any suspicious activity;
3. USE AND MONITORING.
You may use the Website and Applications only for their intended purposes. While HitX has no obligation to monitor the Website or Applications and is not responsible for the content of any User’s Materials or other messages, information or files transmitted on the Website or through the Applications, HitX reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to such User’s Materials or other messages, information or files which HitX, in its sole discretion, deems objectionable or otherwise in violation of these Terms, including denying access to the Applications or the Website to anyone at any time. You are hereby notified that your use of the Website and/or the Applications constitutes consent to such actions, monitoring, and auditing. HitX does not endorse any communications made by others through the Applications or any other communications on the Website.
4. COPYRIGHTS AND TRADEMARKS.
The Website and the Applications are protected by intellectual property laws and you agree to respect them.
HitX content, texts, logo, and arts on the Website and the Mobile Application are the property of the Website and the Application respective owners. The usage of HitX content, texts, and arts by third parties are allowed only with the owner's prior written permission. HitX's logo and name may be used only for non-profit referential or promotional purposes.
Third parties' logos and arts along with all other registered trademarked arts on the Website are the property of their respective owners. HitX is in no way affiliated with or endorsed by any of them. The usage of third parties' logos and arts is non-commercial and initiated only for referential purposes.
5. CHARGES AND PAYMENT RULES.
Neither HitX nor any of its affiliates shall have any liability to you for use charges related to any device or service that you use to access the Website or use HitX’s Applications, including, without limitation, usage charges for mobile telephones, tablet devices, Internet service providers, car navigation systems, pagers, and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
Agreement to Conduct Transactions Electronically.
You agree that all of your transactions with or through the Website and/or the Application(s) may, at our option, be conducted electronically. You also agree that we may provide all agreements, disclosures, and notices electronically, including any that we are otherwise required to provide in “writing.”
7. SUSPENSION, TERMINATION, OR CANCELLATION.
HitX may suspend, cancel or terminate your registration and/or account; block your use of the Website or the Application, or direct you to cease using the Website or the Application, with or without notices, if we believe in good faith that (a) you or a related person has engaged in any of the prohibited content covered by Section 2 and 3 of these Terms or otherwise breached or may breach these Terms or (b) your account, use of the Website or any Application has been inactive for more than 180 days.
You have the right to cancel your registration or your subscription to our newsletter at any time, and such cancellations will not affect your social networking web site account(s) or third party payment provider account(s). HitX reserves the right to stop making any one or more of the Websites or the Applications available, at any time, whether on a temporary or permanent basis and without any liability, compensation, refunds, or other compensatory benefits to you. Your license to the applicable Website or the Application automatically ends when HitX terminates access to such Website or Application.
You have the ability to terminate these Terms by uninstalling or discontinuing your use of the Website and any Applications. To terminate “subscriptions” contact the distributor (for example, Amazon or Google) that you purchased your subscription from, and consult the applicable distributor’s terms of service.
To the extent that you violate these Terms and HitX revokes the licenses granted to you to the Website and Applications, you will lose all benefits and privileges associated with the Websites and the Applications. HitX is under no obligation to compensate you for any such losses or results.
Your Representations and Warranties. You represent and warrant for the benefit of HitX that:
a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms;
b) all information submitted by you to the Website or the Applications is true and accurate;
c) you will not use the Website or any Application for any purpose that is unlawful or prohibited by these Terms;
d) you will make and maintain back-up copies of any User’s Materials which you upload or otherwise distribute through the Website;
“As-Is.”THE WEBSITE, APPLICATIONS, VIRTUAL CONTENT AND PRODUCTS OFFERED AT THE WEBSITE OR THROUGH ANY APPLICATIONS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. HITX HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE WEBSITE, CONTENT AND MATERIALS ON THE SITE, AND APPLICATIONS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IN CONNECTION WITH THE SITE, CONTENT, MATERIALS, AND APPLICATIONS IS BORNE BY YOU. HitX SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Dangerous Activities. HITX DOES NOT RECOMMEND USE OF ITS WEBSITE, APPLICATIONS OR OTHER SERVICES DURING CERTAIN ACTIVITIES, SUCH AS DRIVING, WHERE THERE EXISTS A SIGNIFICANT RISK OF ACCIDENT. YOU AGREE NOT TO USE HITX’S APPLICATIONS OR OTHER SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND HITX WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.
Assumption of Risk. YOU ASSUME ALL RISKS THAT THE WEBSITE AND APPLICATIONS ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR USE OF THE WEBSITE, USER’S MATERIALS, AND APPLICATIONS ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING THEREFROM.
Limitation of Liability and Damages. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE WEBSITE, ITS CONTENT, OR APPLICATIONS, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT HITX IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HITX LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SITE AND APPLICATIONS AND OPERATORS OF EXTERNAL SITES AND SERVICES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HITX IS TO STOP USING THE WEBSITE, APPLICATIONS, AND SERVICES, AND TO CANCEL YOUR ACCOUNT. OUR TOTAL LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE IN THE PAST 180 DAYS. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Exclusive Remedies. You agree that your exclusive remedy for any breach of these Terms by us or any of our affiliates or agents shall be, at our option: (a) substitution or replacement of all or part of the Website, Application, that gives rise to damages incurred by you in reasonable reliance on us; or (b) in the event that (a) is not possible to provide, a refund of monies you have paid to HitX in the past 180 days. You agree that the damage exclusions in the Agreement and this limitation of liability shall apply even if any remedy fails of its essential purpose.
No Waiver of Contractual Rights. The failure of either party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these Terms.
Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Applicable Laws. HitX operates the Website from its offices in Ukraine and makes no representations that content in the Website or the Applications are appropriate or available for use in other locations. Access to the Website or Applications from any territory where the content is illegal is prohibited. If you choose to access the Website or use the Applications from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules, and regulations. The display of the Website alone does not subject HitX to any specific jurisdiction. You may not use or export any of the Website content or Applications in violation of Ukrainian export laws and regulations. Any claim related to the use of the Website or the Applications shall be governed by, construed and enforced in accordance with the laws of Ukraine as applied to agreements made and to be performed entirely therein. Any action brought in connection with the Website or Applications or any other HitX content or services shall be brought in either the state or federal courts with jurisdiction in Ukraine. The parties hereby waive any claim or defense that such forum is not convenient or proper and consent to service of process by any means authorized by Ukrainian law. Translations of these Terms have been provided for your convenience only; the English-language version of these Terms shall control in all respects in any dispute.
8. NOTICES POLICY.
General Notices. All notices required by or allowed under these Terms, including notices of problems and/or inaccuracies in the Website or Applications should be addressed to HitX, 17V Beloruska Street, Kyiv, Ukraine. Communications made through the Website’s e-mail and messaging system shall in no way be deemed to constitute legal notice to HitX or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against HitX or any of its affiliates, officers, employees, agents or representatives, where notice to HitX is required by contract, or any federal, state or local laws, rules or regulations. If, but only if, applicable law requires that we accept e-mail notices, then you may send us e-mail notice at firstname.lastname@example.org.
With respect to our notices to you, we may provide notice of amendments by posting them on the Website and you agree to check for changes. Instead, or in addition, we may give notice by sending an e-mail to the e-mail address you provide during registration or otherwise. Notice shall be deemed given seventy-two (72) hours after it is posted or an e-mail is sent, unless (as to e-mail) the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid, and return receipt requested, to the address provided during registration. In such case, notice shall be deemed given three (7) days after the date of mailing.
Notice of Copyright Infringement. HitX respects the intellectual property rights of others and requests that you do the same. Anyone who believes that his, her or its work has been reproduced on the Website in a way that constitutes copyright infringement may provide a notice to HitX’s legal department for the Website containing the following:
an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit HitX to locate the material;
the address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
a representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a representation that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of the legal department, by any of the following means:
by mail: HitX, Biloruska Street 17V, Kyiv, Ukraine
If HitX receives proper notification of infringement pursuant to the procedure set forth above, it will remove or disable access to the challenged material and will take reasonable steps to notify the party who originally posted it (the “posting party”) that the material has been removed. The posting party may then submit a counter-notification by sending an e-mail message to HitX’s legal department explaining why the posting party believes that material is not infringing. To be effective, the counter-notification should include:
a physical or electronic signature of the posting party;
identification of the material that has been removed and the location where the material was located before it was removed;
a statement under penalty of perjury that the posting party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
the posting party’s contact information, such as the address, telephone number, and email address; and
a statement that the posting party will consent to the jurisdiction of the federal court for the district in which that address is located (or, if that address is in a foreign country, in the court for Ukraine), and that the posting party will accept service of process from the person who provided the notification described above or that person’s agent.
Upon receipt of a counter-notification complying with these requirements, HitX will promptly provide the person who submitted the original notification with a copy of the counter-notification and will replace the removed material or cease disabling access to it in not less than 10, nor more than 14, business days unless that person provides to the HitX’s legal department a notification that the person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity related to the material posted to the Website.
You agree that We may change these Terms from time to time. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we may provide you with additional notice (such as by adding a statement to our homepage or Mobile Applications or by sending you an email or mobile notification).