The following section titles in this agreement are used for convenience purposes only and have no legal or contractual significance.
4. Subscription Terms
5. Links to Third Party Sites
6. Modification of Agreement
7. Confidentiality of Personally Identifiable Information
8. Disclaimer of Warranties
9. Limitations on Liability
10. Allocation of Risk
11. Copyright Infringement
13. Unlawful or Prohibited Use of Website
You are only authorized to use said services if you agree to be bound by all the terms, conditions, and notices of this agreement. Please read this agreement carefully and, if you disagree with any or all of it, do not use any of the XLR8 Media Inc. websites or any services provided in connection with these websites.
If any portion of this agreement is rendered by a court of law or a governmental agency to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this agreement, which shall remain in full effect and be enforced in accordance with its remaining terms.
In order to use any of the XLR8 Media Inc. websites, you must be more than 18 years of age, or possess legal parental or guardian consent. You must also be fully able and competent to enter into the terms, conditions, and notices set forth in this agreement, and to abide by and comply with said terms, conditions, and notices.
In order to use the XLR8 Media Inc. website(s) in their full capacity, you may be required to subscribe and/or register to become a member of XLR8 Media Inc.
To register with XLR8 Media Inc., you must affirm that you are of legal age to form a binding contract or, if not at an age of majority, possess parental and guardian consent. You must further affirm that you are not barred from receiving services under the laws of the United States of America, Canada, or other applicable jurisdictions.
When registering to become a member of this website, you agree to:
a. provide true, accurate, current and complete information about yourself on our website registration form(s); and
b. maintain and promptly update your registration information to keep it true, accurate, current and complete.
If we have reasonable grounds to believe that any of the information you have provided on the registration form is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your membership and to refuse to provide you with any future membership without notice. In addition, if we have reason to believe that you have registered someone other than yourself, we reserve the right to terminate that membership. Further, we will cooperate with any law enforcement investigation that may result from such a misrepresentation and, at our sole discretion, will disclose any information you provided to us in connection with such registration.
XLR8 Media Inc. values the safety and privacy of all its users, particularly children. For this reason, parents who allow their children access to this website should assist them in setting up any relevant accounts and supervise their access to our services. Parents must acknowledge that, by allowing their children access to this website, said children will be able to access the full content of this website, including but not limited to e-mails, message boards, groups, instant messages and chats. Accordingly, legal guardians are responsible for determining whether the services and/or content provided on this website are appropriate for their children.
We strongly advise all users and members to always use caution when giving out any personal and identifying information about yourself or minors.
We reserve the right at any time to charge fees for access to portions or the whole of XLR8 Media Inc. and its network of websites, their content or any such services. In the event that any fees are required, you will not be charged unless we obtain your prior agreement to pay such charges. If you do not consent to pay these fees, however, you will not have access to any paid content or service.
Links to Third Party Sites
XLR8 Media Inc. may occasionally provide its members with access to offers or promotions available from third parties. If a member provides an e-mail address or other personal information to such a third party, XLR8 Media Inc. will not be responsible for the use of that information by the third party.
Our provision of a link to any other site or location is for your convenience only and does not signify our endorsement of such a site or location or of its contents. XLR8 Media Inc. shall not be held responsible for:
- any information, software, or links found on any other website, Internet location, or source of information;
- your use of such information; or
- any transactions conducted at or through any linked site or location.
Modification of Agreement
XLR8 Media Inc. reserves the right to amend the terms, conditions, and notices of this agreement, including but not limited to the payment fees and structure associated with the use of the XLR8 Media Inc. website(s). All amendments will be clearly posted on the website for a period of five (5) consecutive days. The amended version will be applied to all users on the date of publication. Continued use of the website after such notice has been provided will constitute your acknowledgement and acceptance of the revised terms
Confidentiality of Personally Identifiable Information
You agree to treat as strictly private and confidential any subscriber code, username, user ID, or password that you may have received from XLR8 Media Inc., and any and all information to which you have access through the password-protected areas of any of the XLR8 Media Inc. website(s). Further, you will not permit or cause any such information to be communicated, copied or otherwise divulged to any other person or entity whatsoever.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of any XLR8 Media Inc. website(s) or this agreement, must be filed within one(1) year after such claim or cause of action has arisen, or be forever barred.
All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including without limitation, the Site Rules, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk, Ownership of Materials, Indemnification, Choice of Law/Jurisdiction and Venue and General sections of this Agreement.
Disclaimer of Warranties
You acknowledge and agree that your use of the XLR8 Media Inc. website(s), including, without limitation, any material and/or data developed by us or by any third parties, is at your sole risk. The website, and any content or material available through the website, are provided on an “as is” and “as available” basis and without warranty of any kind, express, implied or statutory. We hereby expressly disclaim all such warranties including, without limitation, any implied warranties or merchantability, fitness for a particular use or purpose, title, or non-infringement, or any warranty as to results that may be obtained through the use of the website.
As owners and operators of the XLR8 Media Inc. website(s), we do not represent or warrant that said website(s) will function without interruption, that the website(s) be error- or defect-free, that any such defects or errors will be corrected, or that the website(s) and the server(s) that make the website(s) available are free of viruses or other harmful components. No advice or information, whether oral or written, that you obtain from us or our designees, or through your use of the website, shall create any warranty on the part of XLR8 Media Inc. or our designees. Further, we do not warrant or represent that the use or the results of the use of any content or materials made available through the website or from third parties will be accurate, timely, reliable or otherwise.
Limitations on Liability
In no event shall we, our designees, or any other person or entity involved in creating or distributing any XLR8 Media Inc. website(s) be liable for any direct, indirect, incidental, special or consequential damages, however arising and under any theory of liability, including, without limitation, negligence and strict liability, breach of contract or breach of warranty, that result from:
- your use or inability to use the website(s);
- any changes to the website(s) or this agreement;
- unauthorized access to or alteration of your transmission of data;
- any material or data sent or received or not sent or received, or any transactions entered into through the website.
The XLR8 Media Inc. owners and operators are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of any other party’s rights, including intellectual property rights.
If you are dissatisfied with the website(s) or the services, content or materials that are available on or through said website(s), your sole and exclusive remedy is to discontinue using the site(s). The foregoing limitations on liability shall be applicable even if XLR8 Media Inc. or any applicable third party has knowledge or should have had knowledge of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
Allocation of Risk
You agree that the disclaimer of warranties, liability limitations, and indemnification provisions that have been set forth in this agreement represent and are agreed upon as an allocation of risk between you and XLR8 Media Inc., and form an essential part of the basis of the bargain, without which XLR8 Media Inc. would not enter into this agreement or provide the website(s).
The owners and operators of XLR8 Media Inc. respect the intellectual property rights of others. According to the Copyright Act, we have implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by XLR8 Media Inc. or any of our users, please contact us for further details.
You agree to hold harmless the owners and operators of XLR8 Media Inc. and any other person or entity involved in creating or distributing said website(s), as well as each of their respective affiliates and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including attorneys’ fees) and expenses that such parties may incur as a result of or arising out of your use of, or conduct with respect to, the website(s).
Unlawful or prohibited use of any XLR8 Media Inc. website(s)
As a condition of your use of any/all XLR8 Media Inc. website(s), you agree that you will not use said website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You will not use the website(s) in any manner that could damage, disable, overburden, or impair said website(s) or interfere with any other party’s use and enjoyment of the website(s). You agree not to obtain or attempt to obtain any materials or information through any means that has not been intentionally made available or provided for through XLR8 Media Inc. website(s).
We reserve the right at all times to disclose any information, as necessary, to facilitate any law enforcement agency and/or 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, at our sole discretion.