1.1 In these Terms of Service, except to the extent expressly provided otherwise:
"Access Credentials" means the usernames, passwords and other credentials enabling access to the Services;
"API" means the XF English Dictionary application programming interface defined by the Provider and made available by the Provider to the User via the Website;
"User" means any user of the Website;
"Documentation" means the documentation for the Services produced by the Provider and delivered or made available by the Provider on the Website. The Provider reserves the right to change the Documentation with or without notice unless specified otherwise in a separate written agreement between the Provider and the User;
"Services" means the Website and any services that the Provider provides to the User via the Website, including API, or any services in connection with the Website or API;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models and rights in designs);
"Plan" means an agreement which specifies details of access to the Services. Plans may be available directly from the Provider, resellers, or API marketplaces.
"Platform" means the resources managed by the Provider and used by the Provider to provide the Services, including the application and database software for the Services, the system and server software used to provide the Services, and the computer hardware on which that application, database, system and server software is installed;
"Provider" means XF Innovations.
"Terms" means these Terms of Service, and any amendments to these Terms of Service;
"Website" means the website based on domain xfd.plus (including all its subdomains, e.g www.xfd.plus), or any successor website, including any services offered via the website, for example the API;
2.1 By using the Services, you agree to the rules set out in these Terms. You may not use the Services if you do not agree or comply with these Terms.
3.1 The Provider hereby grants to the User a worldwide, non-exclusive license to use the Services in accordance with these Terms, and the Documentation.
3.2 The license granted by the Provider to the User under Clause 3.1 is subject to the following limitations:
3.3 Except to the extent expressly permitted in these Terms or required by law on a non-excludable basis, the license granted by the Provider to the User is subject to the following prohibitions:
3.4 The User must ensure that all persons using the Services with the authority of the User or by means of the Access Credentials comply with these Terms.
3.5 The User must not use the Services in any way that causes, or may cause, damage to the Services, Platform, or impairment of the availability or accessibility of the Services.
3.6 The User must not use the Services in any way that uses excessive Platform resources, and as a result is liable to cause a material degradation in the services provided by the Provider to its other Users using the Platform; and the User acknowledges that the Provider may use technical measures to limit the use of Platform resources by the User for the purpose of assuring services to its Users generally.
3.7 The User must not use the Services:
3.8 For the avoidance of doubt, the User has no right to access the software code (including object code, intermediate code, and source code) of the Platform.
3.9 The User must not conduct any systematic or automated data scraping, data mining, data extraction, data harvesting, or other systematic or automated data collection activity in relation to the Services.
3.10 Any individual user must be at least 18 years of age to use the Services; and by using the Services, you warrant and represent to us that you are at least 18 years of age.
4.1 Nothing in these Terms shall operate to assign or transfer any Intellectual Property Rights from the Provider to the User, or from the User to the Provider. The features and functionality of XF English Dictionary are and will remain the exclusive property of the Provider. Unless otherwise specified, the source of word definitions, synonyms, antonyms, usage examples, audio files, and pronunciation data ("Content") is Wiktionary (https://en.wiktionary.org/) and the Content is distributed under the terms of Creative Commons Attribution-ShareAlike Unported License version 3. However, any specific combinations and ordering of Content items applied by the Website remain the intellectual property of the Provider.
5.1 The Provider offers the Services on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
5.2 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of these Terms, the Provider gives no warranty or representation that the Services will be wholly free from defects, errors and bugs.
6.1 In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall the Provider be liable to the User for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of these Terms or out of the use or inability to use the Services (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or for any and all other commercial damages or losses), even if the User has been advised of the possibility of such damages.
7.1 The User shall indemnify and shall keep the Provider indemnified against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Provider and arising directly or indirectly as a result of any breach by the User of these Terms.
8.1 The Provider may terminate User's access to the Services at any time, for any reason, including but not limited to a breach of these Terms, at the Provider's sole discretion unless otherwise specified in a separate written agreement between the Provider and the User. The Provider offers various service level agreements (SLAs). All inquiries concerning SLAs should be sent to info@xfd.plus
8.2 The User may stop using the Services at any time.
9.1 No breach of any provision of these Terms will be waived except with the express written consent of the party not in breach.
9.2 No waiver of any breach of any provision of these Terms shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these Terms.
10.1 If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
10.2 If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
11.1 These Terms shall be governed by and construed in accordance with Estonian law.
11.2 Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Estonia.