IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE IN ANY MANNER.
License and Website Access
XTIVIA grants you a limited, non-exclusive and revocable license to use XTIVIA.com in accordance with these terms. The content of XTIVIA.com that is posted by us, including, but not limited to, any text and images contained herein and their selection and arrangement, is owned by us or our content providers. You may download material from XTIVIA.com that is posted by us for your personal use; however, you may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material contained on XTIVIA.com. You acknowledge that we or our third party content providers retain ownership of the posted materials and that you are not acquiring any ownership rights by downloading copyrighted materials.
Notwithstanding the foregoing, we reserve the right in accordance with any applicable laws, to refuse access to anyone at any time in our sole discretion and without notice to you for any reason, or for no reason.
Your Representations and Warranties
You represent and warrant that you possess the legal right and ability to agree to these terms and that all information that you submit to XTIVIA.com is true, accurate and current. You agree that you will not: (i) collect users’ information, or otherwise access XTIVIA.com, using automated worms, viruses or other malicious codes; or (ii) transmit worms, viruses or other malicious codes. You affirm that you are over the age of 13, as XTIVIA.com is not intended for children under 13. If you are under 13 years of age, then you may not use XTIVIA.com. On certain areas of XTIVIA.com you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content (“user content”). Your posting of user content is subject to these terms as well as any additional terms posted for a specific feature. XTIVIA may delete any user content that in the sole judgment of XTIVIA violates these terms. You agree that in using XTIVIA.com, including the interactive features therein, you will adhere to the following:
You agree not to post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by XTIVIA, or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation.
You agree not to post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of XTIVIA.
You agree not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
You agree not to post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
You agree not to post any software to XTIVIA.com, nor will you post links or files that do not comply with these terms, and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of XTIVIA.com, or feature of XTIVIA.com.
You agree not to modify in any way any specifications, technology or application codes provided to you by XTIVIA or as embedded in the User Content unless expressly authorized in writing by XTIVIA.
You agree not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
By posting information on or through XTIVIA.com you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display your information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others. You acknowledge that no compensation will be paid with respect to the use of your information. You represent and warrant that you have proper authorization for the worldwide transfer and processing among XTIVIA, its affiliates and third-party providers of any of information that you may provide on XTIVIA.com.
By placing any content on XTIVIA.com that contains images, photographs, graphics or pictures (“images”), you represent and warrant that: (a) you are the copyright owner of such images, or that the copyright owner of such Images has granted permission to use such images or any content and/or images contained in such images consistent with the manner and purpose of your use and as otherwise permitted by these terms and XTIVIA.com; (b) you have the rights necessary to grant the licenses and sublicenses described in these terms; and (c) that each person depicted in such Images, if any, has provided consent to the use of the images as set forth in these terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
Intellectual Property and Trademarks
All content on XTIVIA.com, including but not limited to, text, graphics, logos, icons, images, headers, illustrations, audio clips, digital, downloads, data compilations, video clips and software is owned or licensed by us or our content providers, and is protected by United States and international copyright laws. In addition, all trademarks and intellectual property are also the property of XTIVIA or its content suppliers and any use, misuse or copying of any trademarks or intellectual property is prohibited without our express authorization.
Except as expressly authorized in writing by XTIVIA or XTIVIA.com content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means.
Limitation of Liability and Warranty
YOU AGREE THAT USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THAT THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XTIVIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, LINKS TO OTHER WEBSITES, OR ANY OTHER MATERIAL INCLUDED ON THE WEBSITE OR THE ACCURACY OR CONTINUED AVAILABILITY OF ANY OF THE FOREGOING.
Information Provided by You is Not Confidential or Proprietary
Any information uploaded by you to XTIVIA.com or provided to us, including but not limited to photos, names, links, data, questions, comments, suggestions, or the like, shall be deemed to be non-confidential; we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Notices of Infringement
We or our designees will investigate notices of infringement of third parties’ rights, and will take appropriate actions, including for copyright infringement, those provided for under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you are a rights owner and become aware of an infringement of one of your works or intellectual property, submit a complaint to our email address.
You agree to indemnify, defend and hold us harmless, as well as each partner and member thereof, its subsidiaries and other affiliated companies, its officers, directors and employees from all liabilities, claims and expenses, including reasonable attorney fees that arise from your use or misuse of XTIVIA.com, including any violation by you of these terms.
Third Party Links
Although this site may be linked to other sites, XTIVIA is not, directly or indirectly, implying any approval, authorization, association, sponsorship, endorsement, or affiliation by us with respect to the linked site, its owners or its providers, unless specifically stated therein. We provide these links only as a convenience to you. By entering XTIVIA.com you acknowledge and agree that XTIVIA has not reviewed or tested any information, software or products found on these websites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet; and we caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. Your linking to any other off-site pages or other sites is at your own risk.