Terms Of Service
Last Updated: May 25th, 2018
Thank you for visiting Xtensio.com (the “Site“). The terms listed below (the “Terms“) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Site and any related applications whether existing now or in the future (collectively, the “Properties“).
By accessing or using the Properties, you agree to be bound by these Terms. These Terms constitute the complete agreement between you and Xtensio, Inc. (“Xtensio,” “we” or “us“) regarding the Properties. We may change the Terms at any time by posting a revised Terms of Service on this page; such changes will be effective upon posting. Please carefully read the entire Terms.
Use of Properties
You agree to use the Properties only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.
You agree that you will only use the Properties for your own use. You must be at least eighteen (18) years of age to use the Properties. Use of the Properties is void where prohibited.
Certain portions of the Properties may be secured or otherwise protected from access except for authorized users with valid login and password information. Individuals without authorization attempting to access these portions of the Properties may be subject to prosecution.
When you create an account, you agree to only provide true, accurate and correct information. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information.
We may (a) cancel or suspend your access to your account, or the Properties generally; (b) cancel, suspend, or remove your access to certain features associated with your account; and/or (c) change the pricing related to your account; all at our sole and exclusive discretion, with or without prior notice, for any or no reason, and with no liability to you or any third party.
In the event that your account has been inactive for more than one (1) year, we may, with or without notice to you, suspend access or close the account.
Ownership of Content
You own all content you submit to the Properties, including but not limited to profile information, text, images, videos, GIFs, and any other materials (“Your Content“). You are solely responsible for determining the privacy setting of Your Content. You may share Your Content with collaborators of your choice. You may also make Your Content public, in which case you also grant third party websites, mobile applications, advertisers, and other platforms who obtained Your Content from us (“Third Party Properties”) the same right you grant us herein to use Your Content. By submitting Your Content, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use Your Content to further develop, advance, and promote our Properties and interests, in any media now existing or in the future. If we do use Your Content, we will attribute it to you. We will not use Your Content publicly unless you have made Your Content public. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, allow their users and others to do the same. You are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You may be held liable for Your Content.
In submitting Your Content to us, you represent that:
- You are the sole author of Your Content, and Your Content is not copied from or based on, in whole or in part, any other work or website, except works in the public domain; and
- Use of Your Content by us, Third Party Properties and our and their users will not violate or infringe any right of you or any third party.
- Lastly, you agree that any of Your Content submitted to us will not violate any of the following, as determined in our sole and exclusive discretion:
- Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
- Contain material that violates the standards of good taste or the standards of the Properties;
- Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Accuse others of illegal activity, or describe physical confrontations and/or sexual harassment;
- Contain material that is illegal, or that violates any federal, state, or local law or regulation;
- Contain language or images intended to impersonate other users or offensive or inappropriate user names or signatures;
- Disguise or attempt to disguise the origin of Your Content;
- Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or have no qualitative value;
- Be a shill or a deceptive advertisement or cause, or be a result of, a conflict of interest;
- Be used to target other users visiting our Properties through the use of spam surveys, contests, pyramid schemes, advertising or other means of a similar nature; or
- Assert or imply that Your Content is in any way sponsored or endorsed by us as determined in our sole discretion.We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole and exclusive discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole and exclusive discretion, to be in violation of the terms hereof. We are not obligated to return any of Your Content to you under any circumstances.
We are the sole and exclusive copyright owners of the Properties and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, text, images, videos, compilations, computer code, templates, tools, exercises, products, software, reports and other usage-related data in connection with Your Content, and all other elements and components of the Properties excluding Your Content and third party content (“Our Content“). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights“) associated with the Properties and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Properties, Our Content or our IP Rights.
If you believe that your copyright has been or is being infringed upon by material found in the Properties, you are required to follow the below procedure to file a notification pursuant to the U.S. Digital Millennium Copyright Act (the “DMCA”). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the material on the Properties that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
- Include the following statement: “I have a good faith belief that the use of the content on the Properties as described above is not authorized by the copyright owner, its agent, or law.”
- Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.”
- Provide your contact information including your address, telephone number, and e-mail address (if available);
- Provide your physical or electronic signature; and
- Send the written communication to:
Attention: Legal Department – Copyright Notice
PO Box 93416
Los Angeles, CA
No Endorsement of Content
Some of the content available through the Properties may include materials that belong to third parties. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any content appearing in the Properties. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Properties. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Properties, but shall not be liable for any delay or inaccuracies related to such updates.You understand that by using the Properties you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. The Properties may also provide a link to other sites by allowing you to leave the Properties to access third party material. We are not responsible for the accuracy, relevance, copyright compliance, legality, completeness, timeliness or quality of material contained in any linked Third Party Properties. We do not screen or investigate third party material before or after including them on our Properties. Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Properties, any Third Party Properties or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
Restrictions on Use
Without limiting the generality of these Terms, you specifically agree not to do the following while using the Properties:
- Use the Properties for illegal or unauthorized uses;
- Impersonate any person or entity;
- ‘Stalk’ or harass other users or persons;
- Harm minors in any way;
- Falsely state or misrepresent your affiliation with another person or entity;
- Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
- Access or use the account of another user without permission;
- Solicit, spam or otherwise advertise to users using Our Content or the Properties;
- Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or other messages for any purposes;
- Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with, disrupt, or destroy the functionality or use of any features of the Properties;
- Interfere with, disrupt, or destroy the servers or networks connected to the Properties, or disobey any rules or regulations applicable to such servers or networks;
- ‘Hack’ or access without permission our proprietary or confidential records, those of another user, or those of anyone else;
- Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities law);
- Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Properties;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Properties; and/or
- Modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to the Properties or Our Content; each as determined in our sole discretion.
When signing up for a premium tier offered by Xtensio (as detailed here: https://xtensio.com/pricing), you agree to the features and pricing of the selected tier. The features and pricing of the premium tiers are subject to change at any time and at Xtensio’s sole and exclusive discretion. Notice of the changes will be made available to you here (https://xtensio.com/pricing) and will be effective upon notification. Upon activation of the selected premium tier, you authorize us to charge you either monthly or annually, per your request when you signed up, at the then current rate.
Upon activation of the premium tier, your first subscription cycle will be billed immediately. Your subscription will auto-renew and you will be billed on the same date each month. We reserve the right to change the timing of our billing, as indicated below, if your Payment Method has not successfully settled. In the event your subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Xtensio subscription on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date.
We may, from time to time, and at our sole and exclusive discretion, offer you a referral program whereby you may earn a free month of a premium tier subscription for each new premium tier account you refer to us. If at the time of the referral you already have an active subscription, your free month will be applied at the end of your current billing period. If at the time of the referral you do not have an active subscription, we will automatically apply the free month of membership to your account starting on the date that the referred account is activated.
You may edit your Payment Method information by logging into your Xtensio account. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, your premium tier account will be automatically cancelled and you will be downgraded to a free account (see, “Termination” below). In such a case, your access to and ability to edit some or all of Your Content will be restricted. You may also be asked to archive or delete some of Your Content in order to conform to the limits of a free account.
You may terminate your monthly or annual subscription at any time prior to the end of your current billing period. You agree that Xtensio, in its sole and exclusive discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Xtensio or use of the Properties and remove and discard all or any part of your account or any content uploaded by you, at any time. Xtensio may also in its sole and exclusive discretion and at any time discontinue providing access to the Properties, or any part thereof, with or without notice. You agree that any termination of your access to the Properties or any account you may have or portion thereof may be effected without prior notice, and you agree that Xtensio will not be liable to you or any third party for any such termination. Termination of your account does not relieve you of any payment obligations.
Payments are nonrefundable and there are no refunds or credits for partially used periods.
Where applicable, you are responsible for paying all taxes related to your use of the Properties.
Privacy and Security
We make efforts to maintain the security of our Properties. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business. However, we do not guarantee the security of the Properties, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.
Disclaimer of Warranties and Limitation of Liability
Disclaimer of Warranties
YOU BEAR THE ENTIRE RISK OF USING THE PROPERTIES AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON, OR LINKED TO OR FROM, THE PROPERTIES. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE PROPERTIES. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE PROPERTIES AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR PROPERTIES WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PROPERTIES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PROPERTIES, ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, AND ANY DATA OR CONTENT YOU UPLOAD ONTO THE PROPERTIES, REMAINS WITH YOU. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PROPERTIES AND THE SERVICES CONTAINED THEREIN WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PROPERTIES, FROM ANY COMMUNICATIONS, INTERACTIONS, OR ENGAGEMENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), MALPRACTICE, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OR INABILITY TO USE THE PROPERTIES INCLUDING, AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS OR THIRD PARTIES, EXCEED ONE HUNDRED DOLLARS ($100), AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to(i) Your Content, (ii) your unauthorized use of the Properties, or products or services included or advertised in the Properties; or (iii) your breach of these Terms.
Fees Data, messaging, or other ISP and carrier fees may apply in your use of the Properties through a mobile device.
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms.
Governing Law/Dispute Resolution
These Terms are governed exclusively by the laws of the State of California and the United States. Any controversy or claim relating to these Terms or the Properties shall be submitted to the judicial courts located in Los Angeles County in the State of California. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.