The Mall X on Xbox One
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MALL X
Amongst other things, the Mall X provides you with access to Merchants eCommerce products to you (“Merchants“).
You must be a consumer and at least 16 years old to use the Mall X. If you are a minor (under 18) you may only make purchases through the Mall X if you have the consent of your parent or legal guardian.
The Mall X is operated by Von Bismark Limited, an Irish company (number 507620) having its registered office at 18, the Telford Building, Hsq, Dublin 8, Dublin, Ireland (“we”, “us” and “our”). Our main trading address is: 9 Herbert Street, Dublin 2, Dublin, Ireland. Our email address is email@example.com.
Other applicable terms
Purchasing in the Mall X
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to the Mall X
We may update the Mall X platform from time to time by adding or removing Merchants and may change the content at any time. However, please note that any of the content on the Mall X, including offers made by Merchants may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that the Mall X, or any content on it, will be free from errors or omissions.
Access to and use of the Mall X
The Mall X is made available free of charge and “as is”. We make no warranties whatsoever about the availability or operation of the Mall X or about any of the content displayed or available in the Mall X.
Access to the Mall X is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Mall X without notice. We will not be liable to you if for any reason if the Mall X is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Mall X.
Uploading Content to the Mall X
We may allow users to post content to the Mall X from time to time. All users must comply with our Acceptable Use Policy if posting content https://themallhub.com/the-mall-x-acceptable-use-policy/
Whenever you make use of a feature that allows you to upload content to the Mall X, or to make contact with other users of the Mall X, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
Any content you upload to the Mall X will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Mall X constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Mall X.
We have the right to remove any posting you make on the Mall X if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy https://themallhub.com/the-mall-x-acceptable-use-policy/
The views expressed by other users on the Mall X do not represent our views or values.
We are not obliged to monitor any content and accept no liability for any content posted on the Mall X.
Our intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Mall X, and in the material published on it, other than the Merchant products. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Mall X for your personal use and you may draw the attention of others to content posted on the Mall X.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors), in respect of the content must always be acknowledged in any such copies.
You must not use any part of the content on the Mall X for commercial purposes without obtaining a licence to do so from us, our licensors, or Merchants.
No reliance on information
The content on the Mall X is provided for general information only. It is not intended to amount to advice on which you should rely. In particular, we do not check or vet information made available by Merchants and it is your responsibility to ensure that any such information is accurate and up to date.
Although we make reasonable efforts to update the information we place on the Mall X, we make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Mall X or any content on it, whether express or implied.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
We only provide the Mall X for domestic and private use. You agree not to use the Mall X for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Mall X or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on the Mall X. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Notwithstanding any of the forgoing, if we are found by a court to be liable to you (other than for death, or personal injury caused by our negligence, or for fraud) our maximum aggregate liability shall not exceed €100.
We do not guarantee that the Mall X will be secure or free from bugs or viruses.
You are responsible for configuring your Xbox, information technology, computer programmes and platform in order to access the Mall X. You should use your own virus protection software.
You must not misuse the Mall X by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Mall X, the server on which the Mall X is stored or any server, computer or database connected to the Mall X. You must not attack the Mall X via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be liable to criminal prosecution under the Criminal Damage Act 1991 and/or the Criminal Justice (Theft and Fraud Offences) Act, 2001. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Mall X will cease immediately.
Third party links and resources in the Mall X
Where the Mall X contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
To contact us, please email firstname.lastname@example.org
Thank you for visiting the Mall X.
The Mall X X
Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may use The Platform (“the Mall X“), which includes the Mall on Xbox One and The Mini-Mall, which may be, from time to time, deployed in 3rd party games, applications or websites, whether as a guest or a registered user. This acceptable use policy applies to all users of, and visitors to, the Mall X.
The Mall X is operated by Von Bismark Limited, an Irish company (number 507620) and we have our registered office at 18, the Telford Building, Hsq, Dublin 8.
You may use the Mall X only for lawful purposes. You may not use the Mall X:
You also agree:
We may from time to time provide interactive services on the Mall X, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Mall X, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Mall X, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to the Mall X (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Mall X. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the Acceptable Use Policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the Mall X.