Date of Last Revision: January 1, 2020
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING XKGLOW WEBSITE AND APPS. All users of this site agree that access to and use of XKGLOW site and apps are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use the site or apps.
Copyright
The entire content included in this site and XKGLOW apps, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of XKGLOW. The collective work includes works that are licensed to XKGLOW. Copyright 2018, XKGLOW ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with XKGLOW or purchasing XKGLOW products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with XKGLOW or to purchase XKGLOW products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by XKGLOW. You further agree not to change or delete any proprietary notices from materials downloaded from the XKGLOW site.
Trademarks
All trademarks, service marks, images, and trade names of XKGLOW used in the site are trademarked, copyrighted, or registered trademarks of XKGLOW, INC.
Warranty Disclaimer
Please click the link to view details on our warranty policy.
Limitation of Liability
XKGLOW shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if XKGLOW has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a XKGLOW product is mistakenly listed at an incorrect price, XKGLOW reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. XKGLOW reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, XKGLOW shall issue a credit to your credit card account in the amount of the incorrect price.
Term Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by XKGLOW without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
XKGLOW may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to XKGLOW.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Illinois, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of XKGLOW products) shall be in the state or federal courts located in Sangamon County, Illinois. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of XKGLOW products) must be commenced within one (1) year after the claim or cause of action arises. XKGLOW's failure to insist upon or enforce strict performance of any provision of these terms and conditions 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 of these terms and conditions. XKGLOW may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site and Apps
Harassment in any manner or form on the site and XKGLOW apps, including via e-mail, chat, comment or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a XKGLOW or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Objectionable Content Policy
XKGLOW retains the right to remove any Objectionable Content that may get posted, and block the users who post such content. Objectionable Content may not be uploaded or displayed to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content.
Objectionable Content includes, but is not limited to:
(i) sexually explicit materials;
(ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity;
(iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
Any user may flag content they deem objectionable for review. Content will be moderated by XKGLOW to ensure the timely removal of any and all objectionable content. User accounts which have been confirmed responsible for posting objectionable content will be restricted from access to XKGLOW apps.
Participation Disclaimer
XKGLOW does not and cannot review all communications and materials posted to or created by users accessing the site and XKGLOW apps, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site or XKGLOW apps, XKGLOW is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site or XKGLOW apps. However, XKGLOW reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to XKGLOW in its sole discretion.
When you submit or post photos, reviews or videos through XKGLOW site or XKGLOW apps, you grant XKGLOW a perpetual, nonexclusive and royalty-free right to use the submitted materials on our web site or any other type of media we choose.
Indemnification
You agree to indemnify, defend, and hold harmless XKGLOW, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, www.xkglow.com may link to sites operated by third parties. However, even if the third party is affiliated with www.xkglow.com, XKGLOW has no control over these linked sites, all of which have separate privacy and data collection practices, independent of XKGLOW. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, XKGLOW seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
