| Thank you for visiting exotiXboard. By using The Site,
you are creating a legal and binding agreement between you and the owner of
The Site that includes all of the following terms of your usage of The Site.
The Owner shall be free to change these terms at any time by posting the same
on The Site but without any individual notice to you.
Before you accept this agreement, you should
note that other parties may post materials that you may find offensive. It is
also possible that other parties may obtain information about you that you may
consider personal and that they may seek to harass, intimidate or otherwise
use such information in a manner that you may object to. Additionally, you must
know thaby others. Thus you should be extremely careful about the information
you provide.
- The Site. The content of The Site can be changed at any time and
any additions or changes shall be automatically deemed covered by these terms.
The Site or your access to The Site can also be taken down at any time by
Owner. No such actions shall be deemed a breach or violation of this agreement
on the part of Owner.
- Your Responsibilities. You shall be exclusively responsible for anything
you post, publish or otherwise put up on The Site ("Material" in this agreement
and the term "Material" shall include any information including any photographs,
descriptions, biographical material, email information or the like you provide)
and everything and all Material that you post, publish or otherwise put up
or transmit shall be subject to all of your representations, warranties, obligations
and indemnities contained in this agreement. You are responsible for maintaining
the confidentiality of any password and account provided to you as part of
your use of The Site, and are fully responsible for all activities that occur
under your password or account. Owner reserves the right but has no obligation
to reject any Material brought to Owner's attention but Owner shall not, as
a regular matter, review, edit, censor or otherwise maintain any supervisory
role with regard to any Material. You agree that you will not post on The
Site or otherwise publish, transmit, republish or retransmit to others:
- any Material that may violate the rights
of any other party including but not limited to any rights of privacy,
libel, slander, copyright, trademark or other rights nor any Material
that is obscene, offensive, racist, sexually explicit, harassing or violates
the laws of any state, country, province or any other governmental entity
anywhere in the world;
- any Material, including but not limited
to any Material contained in your profile, that includes either your or
any other party's telephone number, street address, last names, URL's
or other web site designations, email address, anatomical or sexual references,
or sexually suggestive language;
- any photographs, graphics or the like
in any format containing nudity or personal information;
- any Material that is encrypted;
- any Material that is advertising or
involves the commercial or other solicitation in any manner of any commercial
nature, whether for you or any other party and whether or not considered
to be "spam" or junk email and whether or not mailed individually or as
part of a mass mailing;
- any Material that may be deemed to be
or is a chain letter or the like; and
- any Material that contains or delivers
any form of viruses, trojan horses, etc.
Additionally, you understand that everyone
who posts any Material to The Site including but not limited to advertisers
who advertise on The Site may own rights to that Material or such advertisements
and related matters and you agree that you shall not copy, transmit, repost
or otherwise use any such Material or such advertisements and related matters
anywhere without the express, prior and written permission of the owner
of that Material or such advertisements and related matters.
You further agree that you shall not:
- interrupt or disrupt or attempt to interrupt
or disrupt The Site in any way nor prevent or impede any other party's
access to The Site;
- provide false or misleading information
about yourself or others;
- modify or change any aspect of The Site;
and
- collect or store personal data about
other users.
You agree that your correspondence or
business dealings with, or participation in promotions of, advertisers or
others found on or through The Site, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertisers
or others. You agree that Owner shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers or others on The Site.
In the event that you provide information
about yourself, you shall update such information from time to time to keep
the said information current. All such information shall be subject to the
terms and conditions of our privacy statement.
- Owner's Rights. Owner reserves the
right and by entering into this agreement you expressly consent to allow Owner
to access all Material and other information you post on The Site as well
as the right to monitor any and all activities on The Site including the right
to remove any Material that Owner deems in violation of this agreement but
Owner shall not have the obligation to do so and Owner shall not, as a regular
matter, review, edit, censor or otherwise maintain any supervisory role with
regard to any such activities or such Material. You expressly consent to allow
Owner the right to store and make copies of all of your Material and other
information you post. You expressly consent to allow Owner to disclose to
any other party all such Material and other information you post. If you desire
that Owner not disclose such information, then you must notify Owner via email
to the address set forth in paragraph 8 of that desire and failing to receive
such notification from you, Owner shall have all the rights set forth in this
agreement regarding all such Material. You also agree that Owner may preserve
Material and information about you and may disclose Material if required to
do so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce the
terms of this agreement; (c) respond to claims that any Material violates
the rights of third-parties; or (d) protect the rights, property, or personal
safety of Owner, The Site, the users of The Site and the public. Owner is
the proprietor of all of Owner's copyrights, trademarks and other proprietary
rights and you shall have no rights of any sort in and to nor shall you use
any of Owner's proprietary rights. You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any portion of
The Site. You hereby give and grant to Owner, its successors, assigns and
licensees, all rights to use, copy, display, post, repost, distribute, make
compilations, data bases, derivative and other versions of the Material including
but not limited to incorporating the Material into other works and the within
grant shall be a grant to Owner and its successors, assigns and licensees
both during the term of this agreement and after this agreement terminates
for any reason and in perpetuity and may not be revoked by you for any reason.
Owner shall have the right to sell, assign and otherwise transfer any or all
of its rights in this agreement to any other party.
You further acknowledge that Owner may establish general
practices and limits concerning use of The Site, including but not limited
to the maximum number of days that email messages, message board postings
or other uploaded Material will be retained, the maximum number of email
messages that may be sent from or received by you, the maximum size of any
email message that may be sent from or received by you, the maximum disk
space that will be allotted on Owner's servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access The
Site in a given period of time. You agree that Owner has no responsibility
or liability for the deletion or failure to store any messages and other
communications or other Material You acknowledge that Owner reserves the
right to log off accounts that are inactive for an extended period of time.
- Interpretation of this Agreement.
It is the intention of Owner in this agreement and with regard to The Site
to make certain that Owner is not deemed to be a publisher of any Material
nor responsible in any manner for the conduct of you or any other member or
otherwise and as such, this agreement and The Site shall be construed to make
Owner not liable in any manner for any Material, such conduct or otherwise
and to make Owner's actions consistent and compliant with all laws, anywhere
in the world, whether now in existence or hereafter enacted.
- Your Promises. You represent and
warrant: that you are over the age of 18; that neither the Material nor entering
into this agreement by you will impair or violate any rights of any party
as set forth above and that all of the Material complies and will comply with
all applicable laws, statutes, regulations of any governmental or other body
exercising jurisdiction over this agreement, The Site or otherwise anywhere
in the world; that the Material is original with you; and that you shall be
solely responsible for full compliance under all state and federal laws, statutes,
regulations and the like regulating this agreement, The Site or otherwise.
You further represent and warrant that you shall not seek to hold Owner, nor
any of its shareholders, officers, directors, agents, attorneys or others
liable in any manner for anything that may result from your or another person's
use of Our Service. These warranties shall survive the termination of this
agreement.
- Your Indemnities. Shall defend and
save and hold harmless Owner, Owner's affiliated and related corporations
and other related business entities, their or Owner's respective successors
and assigns and their or Owner's licensees, partners, employees, agents, attorneys,
shareholders, officers, directors against any and all claims, demands, costs,
awards, damages and the like, including attorneys fees, that may arise from
a breach or claimed breach of any of your warranties, representations, promises
or obligations under this agreement, whether or not a breach of those warranties,
representations, promises or obligations is finally sustained and whether
or not any litigation or claim is filed, or for any other cause of action
or claims by any third parties including but not limited to any governmental
body whether or not any litigation or claim is filed or sustained. These indemnities
shall survive the termination of this agreement.
- NO WARRANTIES. THE SITE AND ALL OF
ITS COMPONENTS INCLUDING BUT NOT LIMITED TO ANY ADVERTISING ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHETHER
AS TO USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.
YOU ARE USING THE SITE AT YOUR OWN RISK. OWNER DOES NOT WARRANT OR GUARANTEE,
AND OWNER SHALL NOT BE RESPONSIBLE FOR, THE CORRECTNESS OF ANY MATERIAL POSTED
ON THE SITE, WHETHER BY OWNER OR BY ANY PARTY INCLUDING BUT NOT LIMITED TO
ANY ADVERTISER. OWNER DOES NOT ENDORSE OR SUPPORT ANY MATERIAL POSTED BY ANY
PARTY I NCLUDING BUT NOT LIMITED TO ANY ADVERTISER. OWNER SHALL NOT BE LIABLE
FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ADVERTISERS
AND OR ANY OTHER VISITOR TO THE SITE OR ANY ACTS OR OMISSIONS OF ANY PARTY
TO WHOM THE SITE HAS PROVIDED ANY LINKS OR WHICH OTHER PARTY MAY PROVIDE SERVICES
TO THE SITE OR TO YOU. OWNER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY
FOR ANY DIRECT OR INDIRECT COMPENSATORY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OR COSTS OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DAMAGES OR
COSTS FOR PERSONAL INJURY OF ANY SORT, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT,
PATENT INFRINGEMENT, LIBEL, SLANDER, INVASION OF PRIVACY, INTERFERENCE WITH
THE RIGHTS OF PUBLICITY, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, NOR FOR FAILURE OF OWNER'S OR ANY
OTHER WEB HOSTING OR OTHER SERVER NOR ANY FAILURE OF OWNER OR ANY OTHER PARTY
TO PROVIDE INTERNET ACCESS FOR ANY PERIOD OF TIME NOR FOR ANY CAUSE OUTSIDE
OF OWNER'S CONTROL NOR FOR ANY AND ALL OTHER DAMAGES OR COSTS INCLUDING PUNITIVE
DAMAGES OR LOSSES. OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS IN EXCESS
OF THE TOTAL CONTRACT PRICE FOR THE SERVICES RENDERED HEREIN, EVEN IF OWNER
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, OR FOR
ANY CLAIM BY ANY OTHER PARTY. THE WITHIN LIMITATION OF WARRANTIES MAY BE LIMITED
BY THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS AND SO SOME OF THE FOREGOING
LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY
FROM STATE TO STATE.
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