Terms
of Use for Non-Commercial Website AND CUSTOMIZABLE AD SERVICE
The XooXooX World Wide Web site (the “Site”) and customizable ad service (the “Service”) is a copyrighted work belonging to XOOXOOX, LLC (“Company”). Company grants you the right to use the Site subject to the terms and conditions of use (“Terms of Use”) set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.
1. License. Company owns and operates the Site and Service. The documents and
other information and content available on the Site or through the Service, (the
“Site AND Service Content”) are protected by copyright laws throughout
the world. Company grants
you a limited license to reproduce portions of the Site Content for the sole
purpose of reviewing the Site Content as an applicant for employment, a current
or potential customer, current or potential business partner, or current or
potential investor of Company. All
copyright and other proprietary notices on any Site Content must be retained on
any copies. Any unauthorized
reproduction or modification, distribution, or performance of any Site Content
is strictly prohibited. Company
and its suppliers reserve all rights not granted in these Terms of Use.
2. Trademarks. XooXooX and
other related graphics, logos, service marks, and trade names used on the Site
are the trademarks of Company and may not be used without permission in
connection with any third party products or services. Other trademarks, service marks, and trade names that may
appear on the Site are the property of their respective owners.
3. Modification. Company
reserves the right, at any time, to modify the Site and Service Content or to
modify, suspend, or discontinue the Site or any part thereof with or without
notice. You agree that Company
will not be liable to you or to any third party for any modification of the
Site Content or modification, suspension, or discontinuance of the Site.
4. Feedback. Company
will treat any feedback or suggestions you provide to Company as
non-confidential and non-proprietary.
Thus, in the absence of a written agreement with Company to the contrary,
you agree that you will not submit to Company any information or ideas that you
consider to be confidential or proprietary.
5. Mailings. By
submitting your contact information and any other personal information through
the Site, you hereby authorize Company to use and disclose this information,
including for the purposes of sending periodic mailings to you about Company
products, services, and news.
These Terms of Use will apply to all such mailings (and the mailings
will be considered part of the Site and Service Content).
6. Third
Party Links. The Site may contain links to other web
sites operated by third parties.
Such third party web sites are not under the control of Company. Company is not responsible for the
content of any third party web site or any link contained in a third party web
site. Company provides these links
only as a convenience and does not review, approve, monitor, endorse, warrant,
or make any representations with respect to third party web sites.
7. Warranty
Disclaimer. COMPANY IS PROVIDING THE SITE, THE
SERVICE AND THE SITE AND SERVICE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR
OWN RISK. COMPANY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, AND QUIET ENJOYMENT.
COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE
CONTENT OR THE INFORMATION PROVIDED ON THE SITE. INFORMATION AT THIS SITE MAY
NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS.
8. Limitation
of Liability. IN NO EVENT SHALL COMPANY BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT
LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER
OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY
THEORY OF LIABILITY. COMPANY’S
TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR
THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED
FIFTY DOLLARS ($50).
9. Amendment. Company
may, at any time, revise these Terms of Use by updating this posting. By using this Site or Service, you
agree to be bound by any such revisions and, therefore, you should periodically
visit this page of the Site to examine the then-current Terms of Use. Certain provisions of these Terms of
Use may be superseded by expressly designated legal notices or terms located on
particular pages of this Site.
10. General Provisions. If any provision
of these Terms of Use is, for any
reason, held to be invalid or unenforceable, the other provisions of these
Terms of Use will be unimpaired and the
invalid or unenforceable provision will be deemed modified so that it is valid
and enforceable to the maximum extent permitted by law. These Terms of Use and any action
related thereto will be governed, controlled, interpreted, and defined by and
under the laws of the State of California, without giving effect to any
conflicts of laws principles that require the application of the law of a
different state. By using this
Site or Service, you hereby expressly consent to the personal jurisdiction and
venue in the state and federal courts for the county in which Company’s
principal place of business is located for any lawsuit filed there against you
by Company arising from or related to these Terms of Use.
If you have any questions about the foregoing, please
contact us at the following e-mail address: termsofuse@xooxoox.com.