Proprietary Rights in Content on X8
THE CONTENTS OF THE SITE, INCLUDING ITS "LOOK AND FEEL" (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS), AND OTHER MATERIAL ARE PROTECTED UNDER UNITED STATES AND FOREIGN COPYRIGHT, PATENT, TRADEMARK, AND OTHER LAWS. The contents belong to X8 or to others as indicated. The information and materials contained in the Site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, supplemented, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of X8. Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Site or use of or access to the Site or any information or technology obtained from the Site.
You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Site. Our Site is available only to individuals who are permitted to use it under applicable law. If you do not qualify, please do not use our Site. You agree to be solely responsible for your actions and the contents of your transmissions through the Site. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on our Site.
You agree that X8 may terminate your password, account, or use of the Site in X8's sole discretion for any reason. All notices you give to us shall be in writing and shall be made either via e-mail or conventional mail. In addition, X8 may post notices or links to notices through the Site to inform you of changes to the Terms, the Site, or other matters of importance.
You further agree not to harvest or collect email addresses or other contact information of Users from the Web Site by electronic or other means. Additionally, you agree not to use automated scripts to collect information from the Web Site or for any other purpose. You further agree that you may not use Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Web Site. In addition, you agree not to use the Web Site to:
upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or intimidate or harass another Web Site User.
impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity.
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
use or attempt to use another's account, service or system without authorization from X8, or create a false identity on the Web Site.
You may receive a ID and password upon completing the registration process. You are responsible for maintaining the confidentiality of your log-in name and password and for any and all activities that occur under your password or account. You agree to immediately notify X8 of any unauthorized use of your account or any other breach of security known to you.
You agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
User Posted Content
You are solely responsible for the Content that you publish or display (hereinafter, "Post") on the Web Site (collectively the "User Content"). You understand and agree that X8 may review and delete or remove any User Content that in the sole judgment of X8 violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or which may, in X8's sole judgment contain erroneous or misleading information.
By posting User Content to any part of the Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to X8 an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
You may remove your User Content from the site at any time. If you choose to remove your User Content, the license granted above will automatically expire.
Accuracy of Information
On this Site, you will find content, functions, information, and tools, including that provided by third parties that are not the property of X8. While we strive to keep both X8 and the third-party-provided information current and accurate, we cannot guarantee and expressly do not warrant that the content, functions, information and tools are error-free or that your access will be uninterrupted or that material accessible from this Site is free of viruses. While X8 makes every effort to ensure that the information on this Web Site is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this Web Site regarding Vendors and should be independently confirmed by you. X8 makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
On this Site you will find numerous links which will transfer you to the site of an organization that can provide you with value-added information and/or functionality. By linking to these sites, X8 does not represent or imply that there is any business relationship between the two entities. X8 is not responsible for the content and performance of these sites or for your transactions with them. Furthermore, X8 strives to keep these links as current and accurate as possible, but we cannot guarantee and we expressly do not warrant that they point to the intended third-party site. Links to and from this site do not constitute an X8 endorsement.
You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Site in accordance with these Terms.
You agree that all access and use of the Site and its contents is at your own risk. By using the Site, you acknowledge that we specifically disclaim any liability (whether based in contract, tort, negligence, strict liability or otherwise) for any direct, indirect, incidental, common law, statutory, regulatory, consequential, compensatory, punitive, or special damages arising out of or in any way connected with your access to or use of the Site (even if we have been advised of the possibility of such damages) including, but not limited to, any liability associated with any viruses which may infect your computer equipment.
You agree to indemnify, defend, and hold harmless X8, its directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to use of the Site by you or any other person accessing the Site using your user name and password.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND ANY MATERIALS OR INFORMATION PROVIDED IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. X8 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. X8 MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES X8 MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE USED IN THE SERVICE WILL BE CORRECTED. X8 DISCLAIMS ANY WARRANTY THAT THE SITE (OR ANY INFORMATION OR SOFTWARE CONTAINED THEREIN) IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. X8 MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. X8 ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY DATA OR OTHER INFORMATION PROVIDED BY YOU ON THE SERVICE.
NOTWITHSTANDING THE FOREGOING, BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF X8, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500. IN NO EVENT SHALL X8, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT OF OR RELATING TO USE OF THE SITE ARE HEREBY EXCLUDED EVEN IF X8, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Permitted Use of Content
You may not copy, modify, redistribute, or publish any Content of the Web Site without the express written permission of X8 or the owners of such Content if other than X8, unless such copying, modification, redistribution or publication is expressly permitted by the Web Site or through an integrated web site function (such as the emailing of User search results).
X8 disclaims any responsibility for the content of any third party materials provided through or on the Web Site or other services. We respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and in compliance with 17 U.S.C. §512, if you believe that any such third party materials infringe your intellectual property rights, please contact the following office in writing to request a review of the alleged infringement:
Please provide us with: a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site; your address, telephone number, a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Governing Law and Venue
This disclosure shall be governed in all respects by the substantive laws of the Commonwealth of Virginia, without regard to its provisions relating to conflict of laws. You and X8 agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Fairfax County, Virginia. The failure of X8 to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Direct all questions or comments to the appropriate person found in the Contact Us area of this Site.