Xorianous Terms & Conditions

1. Introduction

This Agreement is a legal document which sets out your rights and obligations, and those of Xorianous Limited, a company registered in under registration no. 6390212 ("Xorianous.com", "we" or "us"), in relation to this site and the services offered by Xorianous Limited through it ("Xorianous.com").

You must ensure that you read and understand it before registering for the Xorianous.com Services. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Xorianous.com Service who do not register to become a Registered member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Xorianous.com Services. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.

Also, please note that if we remove any of our Core Services (these are indicated in Clause 2 below) Full Members may be entitled to a refund of part of their Full Membership fee (see Clause 11(ii) for details); but we may remove all or any of the non-Core Services – such as message noticeboards – from the Xorianous.com Service, either on a temporary or permanent basis, without making any refund.

Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there and it is used for activation and upgrades of accounts. If you change email address, then you must inform us of the new address through your “My Profile” page.

2. Types of membership

People who register for the Xorianous.com Services become "Registered Members". They must be at least 18 years of age. The Membership divides between those who decide to pay the fee we charge to become what we call a "Full Member", and those who do not ("Registered Members").

Standard Members:

·          May post their name, profile picture, Mother and Father’s surname and up to four villages from which they hail from.

·          May edit their name, profile picture, profile details and villages.

·          May view the last ten members registered within their village network

·          May view the number of messages that have been sent to them

·          Will receive email confirmation of new messages that have been sent to them

    Full Members may:

·          Use all the features of a Standard member

·          May view the public profiles of all registered and full members.

·          Send email messages to both Registered and Full Members and receive email messages from Full Members – this is the core service of Xorianous.com

·          View and Post items on the village and State noticeboards

Note that we are not an internet service provider. In order to avail of the Xorianous.com Services, you must have internet access and all the software (and skills) required for email and web usage.

3. Important Note

Full Membership. If you decide to become a Full Member, and therefore pay our Full Membership fee, you are agreeing to take the Full Membership we make available to you promptly after that fee is paid. This means that you do not have the right to cancel your Full Membership during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.

The Full Membership fee and the period it covers will be communicated to you at the point you sign up for Full Membership.  Occasionally we may offer promotional prices for the initial full membership or renewal fee. The fee for the ‘initial’ period and the subsequent fee charged to extend after this initial period fee will be displayed on the payment webpage at the point of payment. This will also be advised by email at least 2 weeks prior to the subsequent payment being taken. 

We will notify holders of continuous Full Memberships 14 days before renewal, and (if the Full Membership fee is going to increase or the membership term change) 28 days before as well. Each notification will include the date when renewal is to take place, and the Full Membership fee that will apply for the next period.

Please note that we reserve the right to change the amount of the fee for Full Membership, the period which it covers and the non-Core Services which it enables you to obtain from time to time. However, Full Members can be assured that these changes will not take effect until their next renewal date, except with the prior agreement of the Full Member.

4. Registration

You undertake to register for the Xorianous.com Services using accurate and current information about yourself - including your correct name, and any other requested details. You also undertake to add yourself to at least one Cyprus Village on the Xorianous.com website which you hail from. If the upgrade to ‘Full Member’ status is chosen, payment will be undertaken by the Xorianous.Com payment partners.  You will be redirected to the partner website where you will be bound by their own terms and conditions.  If you are asked for, and provide, details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the Xorianous.com Services, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.

5. Privacy policy

Xorianous.com Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Xorianous.com Services (including any which contain personal information) is, of course, accessible to internet users around the world.

6. Xorianous.com Role

You, whether you are a Registered Member, Full Member or Non-Member, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Xorianous.com Services or outside of it. We only provide an arena where the Xorianous.com Services may be accessed. In particular, you should be aware that Xorianous.com does not generally pre-screen or monitor the material contributed by Members.

As part of these terms and conditions, Xorianous.com has made available to all members, the use of a “Report Abuse” tool.  This is to be used to report any material that is seen to be offensive whether in a sexual, political or abusive way.  It is the responsibility of the members to refrain from using material that can be deemed to be offensive and also to report any such material.

7. Additional services

Xorianous.com or its affiliates may offer new or additional services through the Xorianous.com Services from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement with you.

8. Operation of Xorianous.com Services

Xorianous.com reserves the right to withdraw or modify aspects of the Xorianous.com Services, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Xorianous.com Services become inaccessible as a result of technical difficulties experienced by Xorianous.com or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note that there will be no refund of Full Membership fees (nor will we have any other liability to you) for withdrawal, modification or unavailability of the Xorianous.com Service, except as provided in Clause 11(ii) below. For security or other reasons, we may require you to change password or other information which facilitates access to the Xorianous.com Services.

9. Misuse of Xorianous.com Service

We reserve the right (a) to suspend or terminate any Member's access to the Xorianous.com Services, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the Xorianous.com Services, if the relevant Member or material appears to us, or to a complainant, to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Xorianous.com Services without our prior consent. You are responsible for everything which is done on or through the Xorianous.com Services while your Membership account is logged on to the Xorianous.com Services, or through your email address(es). In addition, we reserve the right to suspend or terminate any Member's access to the Xorianous.com Services, or parts of it, if the relevant Member is abusive, discriminatory or threatening, or harasses or communicates offensive messages or images to another Member, whether or not through the Xorianous.com Services. For completeness, where we reserve a right in this Agreement, it does not mean we will be obliged to exercise it. Also, given the open-access nature of the Xorianous.com Services, we cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under this Agreement.

10. Relevance

The Xorianous.com Services are intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:

- include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the Xorianous.com Services - Full Members, and the recipients of their emails, can share this information, should they wish, once direct contact has been made;

- place material on, or otherwise use, the Xorianous.com Services for any business or commercial purpose; or

- use your access to the Xorianous.com Services, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

11. Fees

(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Xorianous.com Services or prior to any fees being taken.

(ii) Fees paid by a Full Member will not be rebated or refunded by Xorianous.com, except as follows. If, under Clause 8 above, we entirely withdraw a Core Service (specified in Clause 2), or the entirety of the Xorianous.com Services itself, then you may be entitled to a rebate of your Full Membership fee for the remainder of the period to which that fee relates;

We may offer new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.

12. Prohibitions

You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Xorianous.com Services, nor any activity or communication you make in connection with any Xorianous.com Services, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortuous or otherwise, or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libelous, defamatory, politically incorrect, unreliable or misleading.

13. Alerting Xorianous.com

If you see anything on the Xorianous.com Services which appears to infringe this Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by emailing us at abuse@xorianous.com. We do not generally monitor material contributed by Members before it is placed on the Xorianous.com Services, and so we are reliant upon users to point out any which infringes this Agreement.

14. Withdrawal of material and Termination of Membership

Each Member acknowledges that we are entitled to withdraw any material on the Xorianous.com Services which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of this Agreement, or to bring the Xorianous.com Services into disrepute. However, each user acknowledges that we do not generally monitor material which appears on the Xorianous.com Services, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Xorianous.com Services.

15. Disclaimer and Release

Xorianous.com has no control over or responsibility for the truth or accuracy of any material available on the Xorianous.com Services, whether provided by Members or others.

- If any third party sites are linked to from the Xorianous.com Services, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.

- You should exercise no lesser degree of caution in appraising what you see on the Xorianous.com Services than you do offline.

- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.

- Your use of the Xorianous.com Services is entirely at your own risk.

Accordingly, to the extent that the law permits, you release Xorianous Limited, its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the Xorianous.com Services and the material included here by Members and other third parties.

16. Intellectual Property

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Xorianous.com Services (including the material which is contributed by Members) are owned by Xorianous Limited. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Xorianous.com Services, or any of the material which is found on the Xorianous.com Services unless properly licensed to do so by us.

By submitting any material to the content to the Xorianous.com Services, you:

- are representing that you are fully entitled to do so;

- grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and

- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

17. Excluded loss

We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Xorianous.com will also not be liable for any failure to perform any of its obligations under this Agreement caused by matters beyond its reasonable control.

18. Maximum liability

Without limiting the preceding Clause, the aggregate liability of Xorianous.com under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to (a) the Full Membership fee payable at the time liability arises, or (if greater) (b) the sums paid by you to us under this Agreement during the period prior to the date when liability arises.

19. Non-excluded Liabilities

Nothing in this Agreement limits Xorianous.com’s liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

20. Indemnity

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Xorianous.com Services.

21. Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Xorianous.com assign or dispose of this Agreement.

22. Entire Agreement

This Agreement includes our privacy policy . Together they contain the whole of the agreement between us and you concerning the Xorianous.com Services and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

23. Changes to this Agreement

Xorianous.com reserves the right to change the Agreement with its Members from time to time, and post the new version on the Xorianous.com Services. When we do so, we notify Members of the fact that there are changed terms on the main screen (www.xorianous.com), and post a link to the new Agreement there. This Agreement, and any new version of it in the future, takes effect immediately. However, if you do not wish to be bound by the changes we make in this Agreement (or any new version of it), then you can choose instead to remain bound by the previous Terms and Conditions until:

- your next renewal date, if you are a Full Member; or

- one month after the date when we post the new version, if you are a Registered Member.

24. Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

25. Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales .

26. Keeping this Agreement

We don't separately file the individual Agreements entered into by members when they register for the Xorianous.com Services. You can access it at www.xorianous.com . Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.

27. Statutory Information

28. Contact

You can contact us by post at 3^rd Floor, 869 High Road , Finchley, London, N12 8QA . Please make sure you include your full name and email address with all correspondence.