Terms of Use
Last Update: 9/18/2024
Welcome to the Xsolla Partner Network!
The following Terms of Use (“Terms”) govern your access to and use of the Xsolla Partner Network website located at x.la/xpn (“Website”), the Xsolla Partner Network online platform, and all other services provided by Xsolla Partner Network, as described on the Website (collectively, the “Platform”).
These Terms form an agreement between Xsolla (USA), Inc. (“Xsolla Partner Network”, “XPN“, “Xsolla”, “us”, “we”, or “our”) and you (“You”, “Your”, or “Creator”) - the person or entity using the Platform, or communicating with individuals or businesses registered with XPN for the purpose of referring end-users to us.
By accessing and using the Platform, You accept and agree to be bound by and comply with these Terms. If You do not accept and agree to be bound by these Terms, please do not access or use the Platform. If You are accessing or using the Platform on behalf of another person or a corporate entity, You represent and warrant that You have the authority to bind such person or entity to these Terms.
When applicable, the Your management agency (“Agent”) may accept these Terms on Your behalf. By accepting these Terms on behalf of You, the Agent confirms it is duly authorized to act in all matters related to these Terms, including negotiation, execution, and compliance with these Terms. The Agent is authorized to receive payments, communicate, and fulfill obligations on behalf of the Creator. Upon accepting these Terms on behalf of the Creator, the Agent guarantees that the Creator will fulfill its obligations under these Terms and assumes responsibility for the Creator’s actions as if they were the Agent’s own.
Privacy Policy and Referral Agreement
Becoming an Influencer and Engaging in the Referral Program
License Grants and Your Submissions
Direct Marketing and Research Participation
DISCLAIMER AND LIMITATION OF LIABILITY
Geographic Application of the Platform
Changes to these Terms and Platform
Severability, Entire Agreement, and Waiver
Please read our Privacy Policy and Referral Agreement, which are integral parts of these Terms. These documents detail how we handle personal information and outline the rights and responsibilities of the Creator in our promotional campaigns (“Campaign” refers to a promotional marketing initiative agreed upon separately on the Platform, specifying the details associated with the Creator’s services).
As a condition of Your use of the Platform, You warrant that:
You possess the legal authority to create a binding legal obligation;
You are at least 13 years old. If You are between the ages of 13 and the age of legal majority in Your jurisdiction of residence, You may only use the Platform under the supervision of, and with the consent of, a parent or legal guardian who agrees to be bound by these Terms on Your behalf;
You provide true, accurate, current, and complete information when registering and using the Platform, and You agree to keep this information updated;
You will use the Platform in accordance with these Terms, and any other policies or guidelines provided by the Platform;
You have not been previously removed from the Platform and are not prohibited from accessing the Platform under applicable laws or regulations.
If You are a parent or legal guardian permitting a minor between the ages of 13 and the age of legal majority to use the Platform, You agree to:
Supervise the minor’s use of the Platform;
Assume all risks associated with the minor’s use of the Platform;
Assume all liabilities resulting from the minor’s use of the Platform;
Ensure the accuracy and completeness of all registration information and the ongoing validity of the consents provided in these Terms.
Xsolla reserves the right to restrict access to the Platform for any reason, including but not limited to violations of these Terms, lack of consent from a parent or legal guardian for minors, or failure to meet specific requirements set forth in these Terms.
BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE PLATFORM, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF USE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE PLATFORM.
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You are required to successfully sign up for a user account (“Account”) on Xsolla Partner Network using a Third Party Account (as defined below) or email. After that You will be issued a Xsolla Partner Network User ID (“User ID”) in order to use the Platform. Keep Your User ID confidential, do not share it, and refrain from collecting others’ personal data.
You represent that all information You submit in connection with the creation of Your Account is true and correct and that You are authorized to submit such information. You agree to, from time to time as necessary, update any information associated with Your Account (including, without limitation, Your name, address, phone number, payment information, and email address) so that it remains current, accurate, and correct at all times. You agree to protect the confidentiality of Your User ID and password, and not to share or disclose Your User ID or password to any third party. You agree that You are fully responsible for all activity occurring under Your Account and/or User ID. Your Account and User ID are non-transferable. You cannot sell, combine, or otherwise share it with any other person, except in the events explicitly mentioned in these Terms.
The Platform may link to third-party websites or allow You to connect Your Account with third-party social networks (“Third-Party Service” and each such account, a “Third-Party Account”). We don’t endorse or guarantee the accuracy or quality of external sites, and any access is at Your own risk. When You link Your Account with a Third-Party Service, You’re allowing us to access and use the information from these Third-Party Accounts, under the terms of those services. This includes making some of Your information from these Third-Party Accounts accessible via our Platform. Remember, You can disconnect these Third-Party Accounts at any time through Your settings.Becoming a Creator and Engaging in Campaigns
To join as a Creator, You must first register an Account on the Platform. After registration, You can browse available Campaigns and apply to join those for which you qualify. All requirements to join are outlined in the Campaign description, which also details the specific services You agree to provide.
You may also receive a direct invitation to a Campaign from Xsolla’s partner.
Your participation in a Campaign is subject to approval, which may be automatic or manual, depending on the setup of each Campaign.
Your eligibility to participate and remain in the Campaign is based on our evaluation of Your channel’s content, including audience engagement, content quality, and alignment with our values and policies. This assessment may affect both Your admission to and continued participation in the Campaign.
Xsolla may disable Your User Account at our discretion. If Your Account is disabled, You might lose access to the Platform and Your Account details.
Xsolla reserves the right to deny use of, or access to, the Platform and/or all or any portion of the Content (as defined below) to You at our discretion. If Your Account is disabled, You might lose access to the Platform and Your Account details. You agree that we will not be liable to You or to any third party for, without limitation, any denial of use of the Platform or the content or services offered by us, any change of costs for third party services or fees or otherwise or from suspension or termination of Your Account and/or User ID.
Creators are expected to maintain high standards of conduct. Violation of these standards will result in immediate removal from Campaigns and the Platform.
As Creator, You agree not to engage in conduct that violates any law, contract, intellectual property, or other third-party right. You are solely responsible for Your actions.
Specifically, You must not:
promote any charity requests, political content and petitions for signatures, promotional giveaways (such as raffles and contests), gambling, betting; and other similar activities on any platform;
impersonate any person or entity; falsely claim an affiliation with any person or entity; forge another person’s digital signature; or perform any other fraudulent activity;
defame, harass, abuse, threaten, or defraud You audience, or collect or attempt to collect personal information about users or third parties without their consent.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from Your Submissions (as defined below). You acknowledge that Xsolla Partner Network may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to You.
Your use of the XPN is at Your own risk. These Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Xsolla services will not contain any content that is prohibited by these Terms.
To the extent permitted by applicable law, Xsolla takes no responsibility and assumes no liability for any content, statements, or representations generated by Creator on any platform or for any loss or damage resulting therefrom. Nor is Xsolla liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity Your audience may encounter when on any platform. Xsolla does not endorse any Creator’s content, opinion, recommendation, or advice expressed therein.
Without limiting the generality of the foregoing, You shall not, and shall not permit anyone else to:
“frame”, “mirror”, or otherwise incorporate the Platform or the Content or any part thereof on any commercial or non-commercial website;
access data not intended for You or logging onto a server or an account which You are not authorized to access;
probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures;
access, monitor, or copy any part of the Platform or the Content using any robot, crawler, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on the Content or the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform;
take any action that imposes, or may impose, in Xsolla Partner Network’s discretion, an unreasonable or disproportionately large load on the Platform;
deep-link to any portion of the Platform for any purpose;
remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Platform or the Content;
modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform;
use the Platform or Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution;
attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform;
copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform or the Content;
create derivative works based on the Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content;
use of access the Platform in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party;
use or attempt to use another user’s Account;
upload to or transmit through the Platform any information, images, text, data, media or other content that is offensive, pornographic, hateful, obscene, defamatory or violates any laws or regulations (including but not limited to criminal laws and FTC regulations), in each case as determined by Xsolla Partner Network in its sole discretion;
attempt to indicate in any manner, without our prior written permission, that we have endorsed You or any products or services for any purpose;
use the XPN for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy;
interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.
Any use of the XPN in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of Your rights to use the Xsolla services and rejection of withdrawal requests.
Xsolla Partner Network does not engage with individuals or entities listed in the USA, UK, EU, UN sanctions lists. Any attempt to circumvent this policy will lead to cancellation of all payments and immediate removal from the Campaign.
By agreeing to these Terms Creators guarantee that neither they, nor any of their relatives are:
listed in any list of designated persons or target of sanctions maintained by the United States (including, without limitation, the list of “Specially Designated Nationals” as maintained by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”)), the United Nations Security Council, the United Kingdom (including the Consolidated List of Financial Sanctions Targets as maintained by His Majesty’s Treasury), the European Union and any Member State thereof (including the Consolidated List of Persons, Groups and Entities Subject to Financial Sanctions).
resident in a country or territory that is the target of comprehensive sanctions (“Sanctioned Territories”).
Xsolla Creator agreed that in the event of a failure to comply with the above representations and warranties, in addition to any other remedies available, Xsolla shall be entitled to the real and direct damages.
Xsolla Partner Network grants You a personal, revocable, non-exclusive and non-transferable license during the Term to permit You to access and use the Platform in accordance with these Terms.
All information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible to You on the Platform (“Content”) are owned or licensed by Xsolla Partner Network and are protected by copyright, trademark and other intellectual property laws. Xsolla Partner Network expressly reserves all rights on the Platform and all materials provided by Xsolla Partner Network in connection with these Terms that are not specifically granted to You. You acknowledge that all right, title and interest in the Platform, all materials provided by Xsolla Partner Network in connection with these Terms (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Xsolla Partner Network (or third party suppliers, if applicable).
You grant (and You represent and warrant that You have the right to grant) to Xsolla Partner Network a transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that (1) You load, transmit to or enter into the Platform, or (2) we collect from Your local computer system or from third-parties with Your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof solely for the purpose of: (A) providing the Platform services, (B) complying with applicable law, and (C) Xsolla Partner Network’s reasonable audit and data retention policies.
By submitting any content to the Platform, including but not limited links, photos, videos, questions, comments, suggestions, ideas or similar information (“Submissions”), You grant Xsolla Partner Network and its affiliates, a worldwide, nonexclusive, royalty-free, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that You submit in connection with such Submission. You acknowledge that Xsolla Partner Network may choose, but is not required, to provide attribution of Your Submissions at our discretion, and that such Submissions may be shared with others.
Xsolla reserves the right to review and approve Your Submissions at our discretion.
By becoming an Creator, You grant Xsolla a license to use Your name, likeness and approved biography to promote Your affiliation with us.
We disclaim any responsibility or liability for copyrighted materials posted on the Platform. If You believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Xsolla respects the intellectual property rights of others and expects Creators to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Xsolla. If you believe your copyrighted work has been infringed upon on the Platform, please provide the following information to our support team at [email protected] under the DMCA (17 U.S.C. 512). If the copyright owner is a minor (under 18), a DMCA notice shall be submitted by a legal guardian.
Takedown Notice and Counter Notice
An example of a takedown notice form:
| Individual Entity (authorized representative) | |
|---|---|
| Full Name | |
| Organization’s legal name (if applicable) | |
| Full mailing address | |
| Phone number | |
| Email address | |
| Links (URLs) to a reported content | |
| Matter of the claim with Links (URLs) that point directly to an authorized example of the copyrighted content, if available, name of the rights holder |
By submitting this form, I “full name as your electronic signature”, confirm that:
- I have a good faith belief that the content reported above is not authorized by the copyright owner, an agent of the owner, or the law.
- The notice is accurate, and
- Under penalty of perjury, I am authorized to act on behalf of the owner of an intellectual property rights that is allegedly infringed.
Please note that any misrepresentations of copyright infringement may be subject to liability under the DMCA and other applicable laws. Upon receipt of a valid DMCA notice, we will remove or disable access to the infringing material and take reasonable steps to notify the Creator who posted the infringing material (“Infringing Creator”) of the takedown.
If the Infringing Creator believes that the material was removed or disabled as a result of a mistake or misidentification, they may send a counter-notice within 10 (ten) business days of the takedown notice. If the Infringing Creator is a minor (under 18), any counter-notice shall be submitted by a legal guardian.
If Xsolla receives a valid counter-notice, we may send a copy of the counter-notice to the complaining party informing that the removed or disabled content may be restored after 10 (ten) business days. Unless we receive a notice from the copyright owner that they have filed an action seeking a court order against the Infringing Creator.
Xsolla may terminate access to the Platform or other services for Creators who are found to be repeat infringers. At our sole discretion, we may also limit access to the Platform and services and/or terminate the accounts of any Creator who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
To be eligible to request payout of the available balance, You must be 18 years old or have reached the age of majority in Your jurisdiction of residence, complete a tax form, and select a payment method offered by Xsolla. Withdrawals are only available when the earnings reach a minimum threshold of 100 USD or its equivalent.
The available payment options include:
*While the Xsolla Money is a convenient option for withdrawals, it is accessible only through a registered Xsolla Wallet. Therefore, if You choose to withdraw Your earnings to an Xsolla Money, You must have a registered Xsolla Wallet. For more information on Xsolla Wallet registration, please refer to its terms.
The Platform provides users with technical infrastructure to send tips to Creators through third party payment processors (“Payment Providers”). Xsolla reserves the right to add or remove support for these third party payment processors at any time. Tips may be submitted by user and processed through various third party Payment Providers, and additional terms may apply to such payments. In addition to these Terms, You agree that the terms and conditions of such Payment Providers shall apply to the online payments and provision and/or receipt of tips. Xsolla reserves the right, at any time and for any reason, at our sole discretion, to: (1) change available tip-payment methods and/or Payment Providers; (2) eliminate the option to give and/or receive tips; and (3) to limit the number and/or frequency of tip-payment transactions permitted via the Platform.
By sending a tip to the Creator You agree this charge is non-refundable, non-profitable, and/or exchangeable and cannot be withdrawn or charged back. You acknowledge that You are not receiving any goods/services in return for this tip. You agree that the recipient of tips are not required to acknowledge or accept them and that You will not hold Xsolla liable for any unclaimed or unacknowledged tips.
As a Creator, You may receive marketing communications from us. These communications aim to keep You informed about relevant opportunities and updates that may be of interest to You.
From time to time, we also may invite You to participate in research studies or surveys to help us improve our services and offerings. Your feedback and insights are valuable to us in enhancing the Platform.
Please note that in jurisdictions where Your consent is required by law for such communications, we will seek Your explicit consent before sending them. In other regions, we may proceed on the basis of our legitimate interest. For more detailed information regarding the handling of Your personal data in connection with these activities, please refer to our Privacy Policy.
In order to continually improve our services and products, we collect and analyze data related to the use of it. This analytics collection is a crucial aspect of our operations, enabling us to enhance user experience, develop new features, and effectively showcase our product’s capabilities.
The type of data collected may include, but is not limited to, user engagement metrics, feature usage patterns, and general Account activity. We are committed to handling this data responsibly and in accordance with all applicable laws and regulations. Where local legislation requires us to obtain Your consent for such data collection and analysis, we will explicitly ask for Your agreement. In regions where we can rely on legitimate interest as a basis for data processing, we will proceed on that ground, ensuring that our activities remain aligned with legal requirements and do not infringe on Your rights. For more detailed information please refer to our Privacy Policy.
Xsolla uses YouTube to provide certain features of the service including the Youtube API and, as a result, Xsolla is contractually obligated to make You aware of certain terms related to the use of such features. Therefore, You acknowledge and agree that by linking Your YouTube account and using the Platform, You also agree to the YouTube Terms of Use (including, without limitation, the Google Privacy Policy contained therein).
The Term refers to the timeframe from Your registration on the Platform until Your Account is terminated, either by us or by You.
We may terminate Your access to and use of the Platform, at our sole discretion, at any time. You may cancel Your Account at any time by sending an email to us at [email protected]. Upon any termination, discontinuation, or cancellation of Your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. XSOLLA PARTNER NETWORK DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. XPN DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM OR THE CONTENT. IN ADDITION, XPN EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE PLATFORM.
THE PLATFORM DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
BUSINESS REVIEWS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND XPN DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS. XPN MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC BUSINESS.
TO THE FULLEST EXTENT PERMITTED BY LAW, XPN DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL XPN BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT XPN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT.
BUSINESSES ENGAGING YOUR SERVICES THROUGH THE PLATFORM ARE INDEPENDENT ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF XPN. XPN IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY BUSINESSES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF XPN IN CONNECTION WITH OR UNDER THESE TERMS, INCLUDING YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT EXCEED ONE HUNDRED DOLLARS ($100) OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
YOU AND XPN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE XPN WEBSITE, THE XSOLLA SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You shall defend, indemnify and hold harmless Xsolla Partner Network and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of: (a) Your breach of any of Your warranties, representations or obligations under these Terms or any documents referenced herein; (b) Your violation of any law (including without limitation any FTC requirements or guidelines) or the rights of a third party (including, without limitation, intellectual property rights); (c) Your use of the Platform; or (d) the use of any media content created by You or by any third party acting on Your behalf or with Your permission.
If You’re using the Platform on behalf of an organization or entity, You affirm that You have the right to act on behalf of that organization or entity, and that these Terms apply to the organization or entity (and all references to “You” and similar terms refer to that organization or entity). The organization or entity will hold harmless and indemnify Xsolla (and its affiliates, officers, agents, and employees) from any claim, suit or action arising from or related to the use of the Platform or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
If there is a dispute between Creators of the Platform, or between Creators and any third party, You agree that we are under no obligation to become involved. In the event that You have a dispute with one or more other Creator, You release Xsolla, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Xsolla or the Platform (each, a “Third Party Dispute”). You agree to defend, indemnify and hold Company harmless from and against all claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Xsolla arising out of any Third Party Dispute.
Not all services described on the Platform are available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
These Terms and any action related thereto shall be governed by the laws of the State of California without regard to its conflict of laws provisions. These laws apply to Your access to or use of the Platform or the Content, notwithstanding Your domicile, residency or physical location. The Platform and the Content are intended for use only in jurisdictions where they may lawfully be offered for use. Except as restricted by applicable law, You hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California in all disputes arising out of or relating to the use of the Platform or the Content.
Both You and XPN shall bring claims against each other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific clause is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void and the parties acknowledge that any such claim and dispute shall be resolved exclusively by and in the courts in Los Angeles, California, and in accordance with laws applicable in the State of California.
You have the right to opt out of binding arbitration and the class action waiver within 30 (thirty) days of the date that You accept the Terms by notifying XPN at [email protected]. If You do not opt out in time, You agree to pursue any claim in arbitration only in an individual capacity.
For the avoidance of doubt, any proceeding, whether in arbitration or court, shall be conducted only on an individual basis and not in a class, consolidated, or representative action. However, upon motion of interested parties, the arbitrator may coordinate more than one arbitration proceeding under this agreement to promote efficiency in discovery. All parties will retain the right to request an individualized hearing.
If a court or arbitrator determines the class action waiver is unenforceable, this arbitration agreement will not apply to You. If You opt out of the arbitration agreement within the specified time, the class action waiver will not apply to You. Neither You nor any other user can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.
If a dispute proceeds in court rather than through arbitration, You and XPN waive any right to a jury trial.
Except where prohibited by applicable law, Xsolla Partner Network reserves the right to change these Terms and the Content at any time without notice. Your continued access to or use of the Platform after any changes to these Terms indicates Your acceptance of such changes. It is Your responsibility to review these Terms regularly.
If any of the provisions contained in these Terms conflict with the terms of another agreement between the You and Xsolla, then these Terms shall prevail.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Xsolla (USA) Inc.
[email protected]
+1.818.435.6613
15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA