Terms and Conditions

The following rules as well as our Privacy Policy available at  https://www.xounts.com/privacy/ and the Website Terms of Use available at https://www.xounts.com/website-terms-of-use/ as well as the Terms & Conditions available at https://www.xounts.com/terms/ supply to all contest participants. You are responsible for ensuring that your contest video complies with all or our terms and conditions and policies, all applicable laws, statutes and regulations. Participants may not submit content that contains elements that infringe the copyright or trademark rights of third parties or contains derogatory, racist, sexist or other discriminatory content. In addition, the content should not depict persons who have not given permission to display it.

XOUNTS Inc. may not be held liable for any content and/or non-compliance of the applicable laws, statues, and regulations of the uploader or any third party.

Except as required by applicable law, Xounts Inc., its affiliates, officers, directors, employees and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by:

  1. Errors, mistakes, or inaccuracies on the service;
  2. Personal injury or property damage resulting from your use of the service;
  3. Any unauthorized access to or use of the service;
  4. Any interruption or cessation of the service;
  5. Any viruses or malicious code transmitted to or through the service by any third party;
  6. Any content whether submitted by a user or Xounts Inc., including your use of content; and/or
  7. The removal or unavailability of any content.

This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.

Please note that no purchase is necessary in order to enter the contest and a purchase does not enhance the participant's chances of winning. However, the winner will be asked to submit a review of the price and donate to the charity MusicCares. The amount of the donation shall be in the winner’s sole discretion.

 

Contest participant release

Consent and rights granted without time limit:

By participating in the contest, by uploading his or her video, the participant irrevocably consents to the use of all rights of use of the participant's videos exclusively on Xounts Inc.  (and its legal successors). The transfer of the rights of use extends to all currently known types of use and also includes the duplication, distribution, digitalisation, exhibition, presentation, broadcasting, making publicly available and public reproduction by means of picture/sound/data carriers. The recordings may therefore be used both digitally and in analogue form in all suitable media and stored in databases, including those accessible online.

The recordings may be edited or redesigned while respecting the personal rights of the contest participant. The naming of the contest participant is at the discretion of the authorized user.

  1. How to enter: To participate in the contest the participant must upload a video and must be at least 18 years old. After pressing the Upload button, the participant has to options to register for the contest on the contest website by either using her/his name and an e-mail address or by  registering with her/his Facebook account. Then, the participant receives an e-mail to the provided e-mail with a link asking to confirm the e-mail address. Once this has been done, the participant shall clock a button on the contest website agreeing to our terms and conditions and to donating to MusiCares if the participant will be one of the 40 lucky winners. The amount of donation is in participant’s sole discretion. Participant may then upload her/his video. To do this, the participant types the video title and video description. The participant may upload her/his video by "Drag&Drop". The video shall be under 2 minutes and shall have the following file formats: .mp4 or .mov. Upon uploading the video to the contest website, XOUNTS has 24 hours to view and release this video. We reserve the right to not share the video and exclude participant from the contest, if the uploaded video violates our policy or does not meet our content requirement: The participant is responsible for ensuring that his contest video complies with all or our terms and conditions and policies, all applicable laws, statutes and regulations. Participants may not submit content that contains elements that infringe the copyright or trademark rights of third parties or contains derogatory, racist, sexist or other discriminatory content. In addition, we reserve the right to refuse any participant in the contest that we deem, in our sole discretion, has attempted to cheat or abuse the process, including through use of programs or scripts that allow users to automate their entries, or engaged in behavior that we deem as inappropriate.

    There are no rounds in this contest and no paid levels. After the video is released, the participant can try to get as many “Likes” as possible on her/his video. She/he has until the end of the contest to do this. The contest ends on the contest end date as defined in Section 7 below.

  2. Use of name, likeness, etc. and release: By entering the Contest, you hereby acknowledge and agree that Xounts Inc. shall have the unlimited right in perpetuity and throughout the world to use and publish your name, voice, city, state, likeness, photograph, video, biographical and prize information, and other elements of your persona and identity, in all media now known or hereafter developed, for all purposes of this Contest, as well as for all general marketing, advertising, promotional, commercial tie-in, merchandising, and other business purposes of Xounts Inc., all without notice or compensation to you.

  3. Applicable law: Participation is subject to USA law, excluding the conflict of laws provisions.
  4. Prizes: Xounts will give 40x XOUNTS sound systems to prize winners. These will be given to the participants who have the most Likes on their video at the end of the contest (see below). Only 1x video per person may be uploaded!
    The XOUNTS sound system consists of 1x speaker + 1x Bluetooth unit + 1x multicolor lamp + 1x AC/DC style cover with a motif of OUR choice.
    The estimated retail value for the XOUNTS sound system (Bluetooth included): $549 USD
    The estimated retail value for the XOUNTS Multicolor Lamp: $ 49 USD
    The estimated retail value for the AC/DC Style Cover: $ 139 USD
    Total estimated retail price value: $737USD

  5. How the winners will be selected: At the end of the competition the videos with the 40 most likes will be determined. This is done by using the video filter function on the landing page of our Contest page. The filter will be set to "Most Likes" and the first 40 videos will be determined as winners. It is important that each person is only allowed to upload one video and only the likes on our contest page count. All 40x winners receive exactly the same prize. Only 1x prize per person will be awarded. If a person has two videos that are among the 40 most popular Likes, that person will only receive one prize and the 41st video will be added to the prize pool. All persons who land on the contest page can like a video. A registration is not necessary and each user who lands on our contest page has only the possibility to like a maximum of 3 videos. If there are videos with the same number of Likes among the 40 winners, then no further videos outside the 40 will be considered. Only the first 40 videos that appear after the filter functions will be taken into account. ONLY in the case that a person with more than one video is in the top 40, then other movers will be included, because there is only one prize per person.

  6. Eligibility: The participant must be at least 18 years old. Only ONE video per person may be uploaded.

  7. Entry period: The contest will start from 07/03/2020 at 00:00 am PDT. The contest will end on 07/25/2020 at 11.59pm PDT, provided however that by July 25, 2020 at least five hundred videos have been uploaded to our contest page, otherwise the contest will end on August 31, 2020 (the “end date”).

  8. Shipping and taxes: The price is sent via a shipping provider (of our choice) to the named delivery address of the winner. The dispatch of the prizes is from Germany and/or the USA and it is a 1x package with the following dimensions: 99cm x 48cm x 19cm - 10KG

    XOUNTS Inc. will cover the shipping costs for all winners. The RECIPIENT shall all applicable taxes  and customs duties! If the goods are at the winners, the recipient is obliged to pay customs within 3 days. Xounts shall not be charged for any custom duties and taxes and disclaims any all liability for any such charges.

  9. Winner notification, required releases: On 07/25/2020 at 12:00pm PDT, the 40 winners will be informed by e-mail from XOUNTS. The winners are required to respond in writing within 48 hours of receipt of our email and to confirm and acknoeldged the contest rules again and provide us with the address for delivery of the prize. If we do not receive an email for the winner within 48 hours after we have informed the winner by email, the participant will be automatically removed from the winner pool and the next video with the highest Like will be chosen.
    Xounts will pay the shipping charges but all applicable taxes and custom duties shall be borne by the winner.

    Winners list: Within 14 days after the end of the contest an official video will be released on the contest page where we will list the winners. This page will remain online until 08/31/2020 and will then be taken offline.

  10. Rules changes and Interpretations: Xounts reserves the right in its sole discretion to supplement or make changes to these Contest Rules as well as the rules of any contest at any time without notice. Xounts reserves the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.

 

Credits

At this point, we would like to thank everybody that supports us and the mission, that is standing behind XOUNTS.

That’s why we want to especially thank AC/DC for their musically legacy and all the years they committed for their fans to rock the stage.  For all the concerts they did, all the songs they have written and for all the people, they have excited for music.

“We love music and we would do anything to protect it and its artists!”

So, a big thank you goes to MusiCares. They see themselves in the responsibility to take care of musicians in need. Without them, our music world wouldn’t be the same.

On our mission, we met many great people, such as Lorena, Craig, Pablo, Carlos, Bill and Jürgen. They showed us, what real music passion is and took us with them into their world of AC/DC. Thank you very much for that experience and keep rockin’ guys!

Last but not least, there’s Hugo Sepulveda!

Him belongs a huge amount of credits for all of his enthusiasm and hard work he dedicated our mission. As one of the biggest AC/DC fan with a far reaching network, did he provide us with a great service. You are really one hell of a guy! Thank you, Hugo.

 

Overview

Welcome to the Xounts Inc. website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Xounts Inc.’s relationship with you in relation to buying our products.

 

Terms Acceptance

Before making a purchase, please read the following terms carefully. By confirming and concluding a purchase, you are bound by this agreement and become a party to the contract. If you do not agree to be bound by the terms of this Agreement, please do not click on "I accept" or continue to use this Website. We reserve the right to change the terms and conditions of Xounts Inc. at any time. Such changes will apply to future Xounts Inc. from the date this change enters into force.

Unless explicitly stated otherwise, any further upgrade, modification, addition or change to the service, or any new feature that augments or enhances our website shall be subject to these terms. You may stop using the website at any time if you wish.

 

Online Store Terms

By agreeing to these terms and conditions, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

 

Privacy and Data Protection

Our Privacy Policy explains how we treat your personal data. By using the website, you agree to our privacy policies and that we can use your information in accordance with our privacy policies. By using and placing an order on this website, you recognize that personalization lies at the core of many of our services. We can only provide many of these services by using your personal data to provide personalized content and ads. Please visit our Privacy Policy page to learn more about personalization.

 

Third-Party Links

Certain content, products and services available via our service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products or services of third-parties.

 

Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.  We have made every effort to display the colors and images of our products that appear on the webshop as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

 

Prices and Payments

Prices in the webshop are stated in USD. We reserve the right to change the prices.

„All orders goes through a Quality certification processing to determine tax levy, for sales tax changes according to the state and region.“ We apologize for any inconvenience this may cause, however Xounts Inc. has no control over such fees.

Prices are liable to change at any time at Xounts Inc discretion, but changes will not affect any orders for which Xounts Inc have already sent a Shipping Confirmation.

Xounts Inc accepts credit card payments through PayPal or amazon pay. For credit card payments, an invoice will be issued at the time of payment. 

 

Intellectual Property    

You acknowledge and agree that Xounts Inc. and our licensors retain ownership of all intellectual property rights of any kind related to Xounts Inc. website, including applicable copyrights, trademarks and other proprietary rights.

Any such content may be displayed solely for your personal, non-commercial use and you agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the prior written permission of Xounts Inc. or the applicable third party licensor.

 

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example reviews) you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.

 

Communications in Electronic Form

For contractual purposes, you (a) consent to receive communications from Xounts Inc. in an electronic form via the email address you have submitted; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Xounts Inc. provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

You may opt out of such email by unsubscribing or sending an email to welcome@xounts.com

 

Prohibited Uses

You are prohibited from using the site or its content:

  1. (a)For any unlawful purpose;
  2. (b)To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  3. (c)To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  4. (d)to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  5. (e)To submit false or misleading information;
  6. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet;
  7. (g)To interfere with or circumvent the security features of the service or any related website, other websites, or the internet.

We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

 

Interactive Features

The Xounts Inc. website includes interactive features that allow users to communicate with us. You acknowledge that, because of the limited nature of communication through our website's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.

 

Placing your Orders

After placing an order, you will receive an email from us acknowledging that we have received your order). Please note that this does not mean that your order has been accepted or confirmed. Your order constitutes an offer to us to buy a product.

All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the acceptance of your payments with the title “Payment Confirmation” and the shipment of your order with the title "Shipping Confirmation". We reserve the right to cancel your order if we fail to receive your payments in the period designated by us. 

 

Liability Disclaime.

  1. Xounts.com will not be liable for interruption to service directly or indirectly as a result of acts of god, hardware malfunction, software related problems, telecommunications, electrical failures, strikes, labor disputes, riots, war, governmental actions, human error or other obstacles. The services available to you on Xounts.com may contain errors and our service is subject to periods of interruption. While Xounts Inc. does its best to maintain the services available on Xounts.com, Xounts Inc. cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this website.
  2. Xounts Inc. provides the products on Xounts.com "as is," with no warranties whatsoever. All express warranties and all implied warranties, including warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law.
  3. In no event shall Xounts Inc. be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the performance of Xounts.com or from any members' use of services provided through this website, even if Xounts.com has been advised of the possibility of such damages.
  4. If you are dissatisfied with Xounts.com, or any portion, your exclusive remedy shall be to cease using the website.

In order to comply with laws, regulations, policies of other countries, which are always different, the content may be slightly different when users access from different countries. Xounts Inc. does not accept any responsibility for blocking the display of information’s these are violation of laws, regulations and policies of other countries.

 

Security

Xounts.com takes appropriate measure to secure and protect information transmitted to and from the site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any billing information used in connection with your use of the Site.

 

Product Damage

  1. If the parcel is damaged by our warehouse worker, we will pay for product declared value for the damage.
  2. If the parcel is damaged during shipping, we will try to get compensated from shipping company on your behalf and have parallel an insurance the for the resultated damage.

 

Modification of Terms

Xounts Inc. can amend these terms and conditions at any time and will update these terms in the event of any such amendments.  It is your sole responsibility to check Xounts Inc. website from time to time to view any such changes in the agreement.  If you continue to use Xounts Inc. website, you signify your agreement to our revisions to these Terms and condition.  However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. 

 

Children’s Privacy Policy

Xounts.com respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices with respect to the collection of personal information from children under the age of 13. This Site does not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, except as permitted by COPPA.

 

Governing Law and Jurisdiction

These Terms and condition and your use of Xounts Inc. website is governed by the federal court of justice California, United States of America. Each party shall apply to the federal court of justice United States of America which holds the jurisdiction on the disputes without regard to conflict of law provisions.

Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the federal court of justice California, United States of America.

 

Contact and Complaints

If you have any questions about these Terms & condition, please contact us at Email: welcome@xounts.com