xfx terms of service
1.
ACKNOWLEDGMENT AND ACCEPTANCE OF PROMOTION SERVICE TERMS OF USE
XFx’s Terms of Use Agreement is between you and XFx and sets forth
the terms and conditions governing your use of the Site and our Service. XFx
reserves the right to change these terms and conditions at any time. The changes
will appear on this screen and are effective immediately. If you do not agree
with any of the terms or conditions contained in this Agreement or with any future
change to this Agreement, do not use the Site or the Service or do not continue
to use the Site or the Service after such change has been implemented.
2.
XFx PROMOTION SERVICE
XFx provides promotion services (“Service”).
XFx charges for the Service and by using the Service, you agree to pay the
applicable fee. If you fail to remit payment for the Service within 30 days of
when the payment becomes due, XFx reserves the right to suspend or terminate
the Service immediately.
In order to use the Service, you must be able to access the World Wide Web. This
may include access to a computer, modem or any other necessary equipment. XFx
does not provide Internet access, and is not responsible for the payment of fees
associated with establishing or maintaining such access. You understand that XFx
provides no assistance for the Service, including any technical or customer support,
and that your use of the Service is at your own risk.
Further, you agree to comply with all laws regarding the operation of promotions,
sweepstakes and contests. While the model legal copy provided by XFx have
been reviewed by a lawyer, the legal copy should not be used before you obtain
proper legal counsel as promotions vary.
3.
SWEEPSTAKES FORMS AND DATA
XFx considers the data that you provide for the Service to be your private
information. XFx will not edit or disclose information about you or your
content, except that you agree that XFx may do so in accordance with XFx’s
current privacy policy at the time you
are registered
for the Service or in the good
faith belief that such action is reasonably necessary: (a) to comply with any
laws, rules or regulations; (b) to comply with any legal process; (c) to enforce
this Agreement; (d) to respond to claims that such data violates the rights of
third parties; and (e) to protect the interests of XFx or others.
You acknowledge and agree that XFx may access its data and other tools of
the Service as necessary to identify or resolve technical problems or to respond
to service complaints. You acknowledge and agree that certain technical processing
of information is and may be required in the ordinary course of business.
In order to use the Service, you hereby agree to abide by XFx’s current
privacy policy located at http://www.XFx.com/privacy. cfm.
Such standards govern the types of information that you can and cannot collect
using the Service, as well as the maintenance and use of such information.
You acknowledge and agree that XFx is not responsible or liable for the content,
usage, information and data collected from any forms created using the Service.
You agree not to solicit or collect through the Service or the Site, among other
items: personally identifiable information about children under the age of 18
(unless conforming to guidelines from COPA
and CARU); credit card data, credit card
numbers or financial or credit histories of individuals; social security numbers
(other than from winners for IRS 1099 Form tax purposes); information on sexual
orientation or behavior; sexually explicit, pornographic, harassing, abusive,
harmful or obscene information; information on an individual’s health status;
racist or sexist information; stolen or fraudulent information; information related
to illegal gambling, sweepstakes or other games of chance; information or content
that infringes on the intellectual property rights of another third party; or
any otherwise illegal information. If you are under the age of 13, you may not
post or submit any personally identifiable information about yourself on the Site.
4.
MODIFICATIONS TO SERVICE
At any time, XFx may decide to modify, suspend, alter or terminate Service
provided to you for any reason. XFx will make any decisions about modifications
to the service in its sole discretion, with or without notice to you. You accept
and acknowledge that XFx reserves this right and agrees that XFx will
not be responsible for any modification or discontinuation of the Service.
5.
TERMINATION OF SERVICE
You agree that XFx may terminate your use of XFx's services
for any reason, at its sole discretion, including, without limitation, if XFx
believes: (a) that you have violated or acted inconsistently with this Agreement;
(b) that you are not in compliance with XFx’s privacy policy or (c)
that you have violated the rights of XFx or other users or parties.
You acknowledge and agree that any termination of the Service under any provision
of this Agreement may be effected without prior notice, and you further acknowledge
and agree that XFx may immediately delete and discard all information and
files in your account and bar any further access to such files or the Service.
6.
LIMITATION OF LIABILITY
XFx WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE
OF THE SERVICE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL
DAMAGES THAT MAY ARISE FROM THE USE OF THE SERVICE, THE FAILURE OF THE SERVICE,
OR THE TERMINATION OF THE SERVICE. THIS LIMITATION OF LIABILITY WILL ALSO APPLY
TO ANY LOSS OF DATA, INFORMATION OR CONTENT THROUGH FAILURE OF THE SERVICE OR
INTERRUPTION OF TRANSMISSION. XFx WILL NOT BE LIABLE FOR ANY HARM OR LOSS
ARISING FROM UNAUTHORIZED ACCESS TO DATA, INFORMATION OR TRANSMISSION, INCLUDING,
BUT NOT LIMITED TO TANGIBLE OR INTANGIBLE LOSS OF REVENUES, PROFITS, DATA OR INFORMATION.
YOU AGREE THAT XFx IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION,
CANCELLATION OR SUSPENSION OF THE SERVICE, REGARDLESS OF WHETHER THE FAILURE OF
SERVICE IS ANNOUNCED, JUSTIFIED, INTENTIONAL, UNINTENTIONAL OR NEGLIGENT. CERTAIN
JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO IT IS POSSIBLE THAT CERTAIN LIMITATIONS DESCRIBED
ABOVE ARE NOT APPLICABLE TO YOU.
7.
GENERAL DISCLAIMER
XFx PROVIDES THE SERVICE "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. XFx FURTHER
DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE
OF DEALING OR COURSE OF PERFORMANCE. XFx DOES NOT WARRANT UNINTERRUPTED OR
ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE SITE OR
ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND REPRESENT THAT ALL DATA, INFORMATION OR OTHER MATERIAL COLLECTED
THROUGH THE SERVICE ARE THE SOLE RESPONSIBILITY OF YOU. XFx IS NOT RESPONSIBLE
FOR ANY LOSS OF DATA OR HARM DONE TO YOUR COMPUTER, SYSTEMS OR OTHER EQUIPMENT
IN CONJUNCTION WITH USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT USE OF THE
SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION.
8.
NO RESALE OF THE SERVICE
Your right to use the Service is personal to you and you may not resell all or
any portion of the Service. You agree not to reproduce, duplicate, copy, sell,
or resell the Service or your use of or access to the Service.
9.
DATA STORAGE
You understand and agree that all data collected using the Service will be stored
on XFx's servers. XFx assumes no responsibility for the deletion or
failure to store any data or other information included by you on the Service.
XFx may establish an upper limit on the amount of memory and the number of
records you may store through the Service. As XFx determines in its sole
discretion, additional storage may be purchased for a fee. You will not be charged
any fees for additional storage without prior consent.
10.
YOUR CONDUCT
You agree to abide by all XFx standards and applicable local, state, national
and international laws and regulations in your use of the Service, and you agree
not to interfere with the use and enjoyment of the Service by other users. You
agree to be solely responsible for your actions and the contents of your entries
through the Service. You agree not to impersonate any person or entity, including
but not limited to a XFx official, or falsely state or otherwise misrepresent
your affiliation with a person or entity.
You must be at least 18 years of age to use the Site.
You agree: (1) to comply with all laws regarding the transmission of technical
data exported from the United States through the Service; (2) not to upload or
distribute in any way files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer;
(3) not to use the Service for illegal purposes; (4) not to interfere or disrupt
networks connected to the Service; (5) not to use the Site or the Service for
chain letters, junk mail, “spamming” solicitations (commercial or
otherwise) or bulk communications of any kind and (6) to comply with all regulations,
policies and procedures of networks connected to the Service. You agree not to
post, promote or transmit through the Service any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically
or otherwise objectionable material of any kind or nature. You further agree not
to transmit or post any material that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate any applicable
local, state, national or international law or regulation. XFx may, at its
sole discretion, immediately terminate your access to the Service should your
conduct fail to conform to these terms and conditions.
11.
INDEMNIFICATION
You agree that XFx will not be held responsible for any claims, damages,
demands or fees arising out of your violations of these terms and conditions,
XFx’s privacy policy or infringements on the rights of any third parties
as a result of your use of the Site or the Service. You also agree to indemnify
XFx and its officers, directors, employees, agents, and partners for any
and all claims that may arise.
12.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Your correspondence with or participation in promotions of advertisers found on
the Service is solely between you and the advertiser. You assume all responsibility
for any purchases, transactions, conditions or terms associations with their interactions
with advertisers on the Service. XFx will not be 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 on the Service.
13.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge and agree that all content, including but not limited to text,
software, music, sound, photographs, video, graphics or other material contained
in sponsor advertisements or other information presented to you through the Site
or the Service ("Content") is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. You are only permitted to
use this Content as expressly authorized by XFx, and may not copy, reproduce,
distribute, or create derivative works from this Content without express authorization.
14.
THIRD-PARTY WEB SITES AND LINKS TO THE SITE
XFx does not review or monitor any Web sites linked to the Site and is not
responsible for the content of any such linked Web sites. Your linking to such
Web sites is at your own risk. In addition, you may not provide links to the Site
without the prior written permission of XFx.
15.
SYSTEM INTEGRITY
You shall not use any device, software or routine to interfere or attempt to interfere
with the proper working of the Site or any transaction conducted on our Site.
You may not take any action which imposes an unreasonable or disproportionately
large load on our infrastructure.
The Site contains robot exclusion headers and 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 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.
16.
GOVERNING LAW
The laws of the State of Illinois shall govern this Agreement and the relationship
between you and XFx. You agree that any grievances shall be settled according
the procedures and laws within this jurisdiction. You further agree that any claim,
cause or action related to the Service or this Agreement must be filed within
one (1) year after such claim arose.
The headings used to describe the sections of this Agreement are solely for descriptive
purposes. They do not imply or refer to a specific legal description or obligation.
17.
CONTACT INFORMATION
Any questions or comments can be directed to: support@XFxMedia.com.
