Category Archives: Policy

Xirkle.com Terms of Service

TERMS OF SERVICE AGREEMENT PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2016.

[ACCEPTANCE OF TERMS]
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with Xirkle, LLC, also known as
Xirkle, located at 5901 Coastal HWY., # 153, Ocean City, Maryland 21842 and our subsidiaries and
affiliates, in association with the use of the Xirkle website, which includes http://www.xirkle.com, (the
“Site”) and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
To offer high quality search engine services to users who valued their online anonymity.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the
herein contained Services provided for the purpose of this TOS. Once an individual register’s for our
Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through
our website and applications, which may include some mobile applications and that those applications may
be made available on various social media networking sites and numerous other platforms and
downloadable programs, are the sole property of Xirkle, LLC. At its discretion, Xirkle, LLC may offer
additional website Services and/or products, or update, modify or revise any current content and Services,
and this Agreement shall apply to any and all additional Services and/or products and any and all updated,
modified or revised Services unless otherwise stipulated. Xirkle, LLC does hereby reserve the right to
cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or
member, acknowledge, accept and agree that Xirkle, LLC shall not be held liable for any such updates,
modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your
continued use of the Services provided, after such posting of any updates, changes, and/or modifications
shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent
review of this Agreement and any and all applicable terms and policies should be made by you to ensure
you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or
modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall
be provided “AS IS” and as such Xirkle, LLC shall not assume any responsibility or obligation for the
timeliness, missed delivery, deletion and/or any failure to store user content, communication or
personalization settings.

REGISTRATION
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a
legally binding contract. In addition, you must be in good standing and not an individual that has been
previously barred from receiving Xirkle’s Services under the laws and statutes of the United States or other
applicable jurisdiction.

When you register, Xirkle may collect information such as your name, e-mail address, birth date, gender,
mailing address, occupation, industry and personal interests. You can edit your account information at any
time. Once you register with Xirkle and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be
requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain
accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Xirkle,
LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect
of the Agreement, and as such refuse any and all current or future use of Xirkle, LLC Services, or any
portion thereof.

It is Xirkle, LLC’s priority to ensure the safety and privacy of all its visitors, users and members, especially
that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit
their child or children access to the Xirkle website platform Services must create a “family” account, which
will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or
legal guardian of any child or children registered under the “family” account. As the creator of the “family”
account, s/he is thereby granting permission for his/her child or children to access the various Services
provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s
and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are
age-appropriate for his/her child.

PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by the
Xirkle, LLC Online Privacy Policy (see the full Privacy Policy at http://www.xirkle.com/policies/privacypolicy/).
As a member, you herein consent to the collection and use of the information provided, including
the transfer of information within the United States and/or other countries for storage, processing or use by
Xirkle, LLC and/or our subsidiaries and affiliates.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for
maintaining the secrecy and confidentiality of your password and for all activities that transpire on or
within your account. It is your responsibility for any act or omission of any user(s) that access your account
information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your
responsibility to notify Xirkle, LLC immediately if you notice any unauthorized access or use of your
account or password or any other breach of security. Xirkle, LLC shall not be held liable for any loss and/or
damage arising from any failure to comply with this term and/or condition of the TOS.

CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text,
software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or
privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the
content originated. In short, this means that you are solely responsible for any and all content posted,
uploaded, emailed, transmitted or otherwise made available by way of the Xirkle Services, and as such, we
do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of
our Services, you may be exposed to content including, but not limited to, any errors or omissions in any
content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by Xirkle.

Furthermore, you herein agree not to make use of Xirkle, LLC’s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise
objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Xirkle officials, forum
leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an
individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no
right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe
upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other
party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with any contractual or
fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any
such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which have been designed to
interfere, destroy and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any Xirkle, LLC Services, servers and/or networks that may be
connected or related to our website, including, but not limited to, the use of any device software
and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law,
including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and
Exchange Commission, in addition to any rules of any nation or other securities exchange, that
would include without limitation, the New York Stock Exchange, the American Stock Exchange, or
the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location,
and or source to any organization delegated by the United States government as a “foreign terrorist
organization” in accordance to Section 219 of the Immigration Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the
prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Xirkle, LLC herein reserves the right to pre-screen, refuse and/or delete any content currently available
through our Services. In addition, we reserve the right to remove and/or delete any such content that would
violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
Xirkle, LLC herein reserves the right to access, preserve and/or disclose member account information
and/or content if it is requested to do so by law or in good faith belief that any such action is deemed
reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Xirkle, LLC, its visitors, users and members,
including the general public.
Xirkle, LLC herein reserves the right to include the use of security components that may permit digital
information or material to be protected, and that such use of information and/or material is subject to usage
guidelines and regulations established by Xirkle, LLC or any other content providers supplying content
services to Xirkle, LLC. You are hereby prohibited from making any attempt to override or circumvent any
of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication,
distribution, or exhibition of any information or materials supplied by our Services, despite whether done so
in whole or in part, is expressly prohibited.

INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using http://www.xirkle.com to send electronic
communications, which would include, but are not limited to, email, searches, instant messages, uploading
of files, photos and/or videos, you will be causing communications to be sent through our computer
network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that
the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to,
the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Xirkle, LLC shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor
make such content available for inclusion on our website Services. Therefore, you hereby grant and allow
for Xirkle, LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Xirkle,
LLC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was placed and/or made available
for viewing. This license shall be available so long as you are a member of Xirkle, LLC’s sites, and
shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Xirkle, LLC’s sites, the license provided to permit to use, distribute, reproduce,
modify, adapt, publicly perform and/or publicly display said Content on our network Services are
for the sole purpose of providing and promoting the specific area in which this content was placed
and/or made available for viewing. This license shall be available so long as you are a member of
Xirkle, LLC’s sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
Xirkle, LLC’s sites, the continuous, binding and completely sub-licensable license which is meant to
permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or
publicly display said content, whether in whole or in part, and the incorporation of any such Content
into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Xirkle, LLC’s sites are those such areas of
our network properties which are meant to be available to the general public, and which would include
message boards and groups that are openly available to both users and members. However, those areas
which are not open to the public, and thus available to members only, would include our mail system and
instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Xirkle, LLC provides an area for our users and members to contribute feedback to our website. When you
submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and
agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Xirkle shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or
implied, related to any Contributions;
c) Xirkle shall be entitled to make use of and/or disclose any such Contributions in any such manner as
they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of Xirkle; and
e) Xirkle is under no obligation to either compensate or provide any form of reimbursement in any
manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Xirkle, LLC, our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third party which may arise from any
content a member or user of our site may submit, post, modify, transmit or otherwise make available
through our Services, the use of Xirkle Services or your connection with these Services, your violations of
the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to Xirkle’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Xirkle, LLC may set up any such practices and/or limits regarding the use of
our Services, without limitation of the maximum number of days that any email, message posting or any
other uploaded content shall be retained by Xirkle, LLC, nor the maximum number of email messages that
may be sent and/or received by any member, the maximum volume or size of any email message that may
be sent from or may be received by an account on our Service, the maximum disk space allowable that
shall be allocated on Xirkle, LLC’s servers on the member’s behalf, and/or the maximum number of times
and/or duration that any member may access our Services in a given period of time. In addition, you also
agree that Xirkle, LLC has absolutely no responsibility or liability for the removal or failure to maintain
storage of any messages and/or other communications or content maintained or transmitted by our Services.
You also herein acknowledge that we reserve the right to delete or remove any account that is no longer
active for an extended period of time. Furthermore, Xirkle, LLC shall reserve the right to modify, alter
and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals
with whom you communicate with the ability to save your conversations in your account located on Xirkle,
LLC’s servers. In this manner, you will be able to access and search your message history from any
computer with internet access. You also acknowledge that others have the option to use and save
conversations with you in their own personal account on http://www.xirkle.com. It is your agreement to this
TOS which establishes your consent to allow Xirkle, LLC to store any and all communications on its
servers.
MODIFICATIONS
Xirkle, LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether
temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we
shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or
discontinuance of our Services, or any part thereof.
TERMINATION
As a member of http://www.xirkle.com, you may cancel or terminate your account, associated email
address and/or access to our Services by submitting a cancellation or termination request to
support@xirkle.com.
As a member, you agree that Xirkle, LLC may, without any prior written notice, immediately suspend,
terminate, discontinue and/or limit your account, any email associated with your account, and access to any
of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access
shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or
guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
http://www.xirkle.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or
limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or
any other third party with regards to the termination of your account, associated email address and/or
access to any of our Services.
The termination of your account with http://www.xirkle.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within http://www.xirkle.com;
b) the deletion of your password and any and all related information, files, and any such content that
may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that Xirkle, LLC
shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct
result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Xirkle, LLC or any third parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any such external sites or
resources, and as such, we do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites or resources. Furthermore, you
acknowledge and agree that Xirkle, LLC shall not be responsible or liable, directly or indirectly, for any
such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the
use of or the reliance on any such content, goods or Services made available on or through any such site or
resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Xirkle, LLC’s Services and any essential software that may be
used in connection with our Services (“Software”) shall contain proprietary and confidential material that is
protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge
and agree that any Content which may be contained in any advertisements or information presented by and
through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary
rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized
by Xirkle, LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute,
transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Xirkle, LLC
Services (e.g. Content or Software), in whole or part.
Xirkle, LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license to
make use of the object code or our Software on a single computer, as long as you do not, and shall not,
allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse
assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein
agree not to alter or change the Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services
through any means other than through the interface which is provided by Xirkle, LLC for use in accessing
our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF XIRKLE, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY
YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR
“AS AVAILABLE” BASIS. XIRKLE, LLC AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
b) XIRKLE, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) XIRKLE, LLC SERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) XIRKLE, LLC SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii)
THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE XIRKLE,
LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF
ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY
BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE
WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN
THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF XIRKLE, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR
SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM XIRKLE, LLC OR BY WAY OF OR FROM OUR
SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT XIRKLE, LLC AND
OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE,
DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED
OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Xirkle, LLC (and its officers, directors, employees,
agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims,
demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected
or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase “Let the investor beware” is appropriate. Xirkle, LLC’s content is
provided primarily for informational purposes, and no content that shall be provided or included in our
Services is intended for trading or investing purposes. Xirkle, LLC and our licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made
available by way of our Services, and shall not be responsible or liable for any trading and/or investment
decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be no third-party beneficiaries to this agreement.
NOTICE
Xirkle, LLC may furnish you with notices, including those with regards to any changes to the TOS,
including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website
Services, or other reasonable means currently known or any which may be herein after developed. Any
such notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Xirkle, LLC trademarks, copyright, trade
name, service marks, and other Xirkle, LLC logos and any brand features, and/or product and service
names are trademarks and as such, are and shall remain the property of Xirkle, LLC. You herein agree not
to display and/or use in any manner the Xirkle, LLC logo or marks without obtaining Xirkle, LLC’s prior
written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Xirkle, LLC will always respect the intellectual property of others, and we ask that all of our users do the
same. With regards to appropriate circumstances and at its sole discretion, Xirkle, LLC may disable and/or
terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel
that your work has been duplicated in such a way that would constitute copyright infringement, or if you
believe your intellectual property rights have been otherwise violated, you should provide to us the
following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Xirkle, LLC Agent for notice of claims of copyright or other intellectual property infringement can be
contacted as follows:
Mailing Address:
Xirkle, LLC
Attn: Copyright Agent
5901 Coastal HWY., # 153
Ocean City, Maryland 21842
Telephone: 844-603-8007
Email: support@xirkle.com
CLOSED CAPTIONING
BE IT KNOWN, that Xirkle, LLC complies with all applicable Federal Communications Commission rules
and regulations regarding the closed captioning of video content. For more information, please visit our
website at http://www.xirkle.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Xirkle, LLC and shall govern the use of our
Services, superseding any prior version of this TOS between you and us with respect to Xirkle, LLC
Services. You may also be subject to additional terms and conditions that may apply when you use or
purchase certain other Xirkle, LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Xirkle, LLC with regard to the TOS that the relationship
between the parties shall be governed by the laws of the state of Maryland without regard to its conflict of
law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the
TOS, or the relationship between you and Xirkle, LLC, shall be filed within the courts having jurisdiction
within the County of Worcester County, Maryland or the U.S. District Court located in said state. You and
Xirkle, LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive
any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such
courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Xirkle, LLC fail to exercise or enforce any right or provision of the TOS, such failure
shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in
full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID
and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said
claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Xirkle, LLC as follows:
Mailing Address:
Xirkle, LLC
5901 Coastal HWY., # 153
Ocean City, Maryland 21842
Telephone: 844-603-8007
Email: support@xirkle.com

Xirkle.com Privacy Policy

  Xirkle.com Privacy Policy

Use these quick links to jump to the different sections below.


This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

 

What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, website or other details to help you with your experience.

 

When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site.

 

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

      To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
      To improve our website in order to better serve you.
      To allow us to better service you in responding to your customer service requests.
      To administer a contest, promotion, survey or other site feature.
      To quickly process your transactions.
      To send periodic emails regarding your order or other products and services.

 

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

 

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

 

All transactions are processed through a gateway provider and are not stored or processed on our servers.

 

Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
      Help remember and process the items in the shopping cart.
      Understand and save user’s preferences for future visits.
      Keep track of advertisements.
      Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

 

If you disable cookies off, some features will be disabled It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly.

 

However, you can still place orders .

 

Third Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

 

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We use Google AdSense Advertising on our website.
Google, as a third party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on their visit to our site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
We have implemented the following:
      Google Display Network Impression Reporting

 

We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

 

California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA we agree to the following:
Users can visit our site anonymously
Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.
Users will be notified of any privacy policy changes:
      On our Privacy Policy Page
Users are able to change their personal information:
      By logging in to their account
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It’s also important to note that we allow third party behavioral tracking

 

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under 13.

 

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via in site notification
      Within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

 

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
To be in accordance with CANSPAM we agree to the following:

If at any time you would like to unsubscribe from receiving future emails, you can email us at

and we will promptly remove you from ALL correspondence.


User Search Queries
Xirkle does not track any user search queries within its search results. However, Xirkle uses a 3rd party (Yahoo Search API) to supplement our search results, which may or may not be tracked on by Yahoo.


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Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

xirkle.com
5901 Coastal HWY., # 153

Ocean City, MD 21842

USA
support@xirkle.com
Last Edited on 2015-06-18