Terms and Conditions
This agreement applies as between you, the User of the Application and Scott Triggs, the owner of this Application. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Application. If you do not agree to be bound by these Terms and Conditions, you should stop using the Application immediately.

1.Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Content" means any text, graphics, images, audio, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Application.
"X-Dups" / "we" / "us" means Scott Triggs, the owner of this Application.
"Service" means collectively any online facilities, tools, services or information that we make available through the Application either now or in the future.
"User" / "Users" means any third party that accesses the Application and is not employed by Scott Triggs.
"Application" means the iPhone/iPad application or the Mac application. "X-Dups" is developed by Scott Triggs and its associated web site.
2.Intellectual Property
2.1Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Application, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Scott Triggs. By continuing to use the Application you acknowledge that applicable intellectual property and other laws protect such material.
2.2Subject to Clause 4 of these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Application for personal purposes only unless otherwise indicated on the Application or unless given express written permission to do so by Scott Triggs. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that:
2.2.1You will not use the Content of the Application for commercial purposes.
2.2.2You will not systematically copy Content from the Application with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Scott Triggs.
3Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Application. A notice providing the contact details of the owner and any separate use policy that may be relevant will accompany any such Content.
Use of the Application is also governed by our privacy policy which is incorporated into these Terms and Conditions by this reference. To view our Privacy Policy, please see below.
5.1We make no warranty or representation that the Application will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
5.2No part of this Application is intended to constitute advice and the Content of this Application should not be relied upon when making any decisions or taking any action of any kind.
5.3Commercial use of the Content of this Application is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and we make no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.
5.4Whilst every effort has been made to ensure that all descriptions of services available from X-Dups correspond to the actual services available, we are not responsible for any variations from these descriptions.
6 Disclaimer of Warranties
X-Dups is provided "as is" and on an "as available" basis. We give no warranty that it will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
We accept no liability for any disruption or non-availability of the Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
7Limitation of Liability
7.1To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Application or any information contained therein. Users should be aware that they use the Application and its Content at their own risk.
7.2Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
8No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
9Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices/communications shall be given to us through our website www.x-dups.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is on a weekend of public holiday.
11Law and Jurisdiction
These terms and conditions and the relationship between you and us shall be governed by and construed in accordance with the Laws in the State of California and Scott Triggs and you agree to submit to the exclusive jurisdiction of the United States of America.
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