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Terms & Conditions

Terms of User Agreement

This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between Xoomtvbox, Inc. a Texas based corporation, on the one hand, and you, on the other hand, with respect to your use of the xoomtvbox.com Website, the xoomtvbox Service, and any videos, software, data feeds, information, text, graphics, files or other materials or services (the “Content”) displayed or accessible through the xoomtvbox Website and the xoomtvbox Service (collectively, the xoomtvbox Website and the xoomtvbox Service are referred to herein as the “Services”). Your access to and use of the Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Services, you agree to be bound by these Terms of Use and you agree to J xoomtvbox ’s privacy policy, found at http://xoomtvbox.com/privacy-policy, which may be modified by xoomtvbox at any time for any reason and which is incorporated here by reference. If you do not agree to any of these terms or xoomtvbox’s latest privacy policy, please do not use the Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.

We reserve the right at any time, with or without cause, to:

1.     change the terms and conditions of this Agreement;

2.     change the Services, including eliminating or discontinuing any Content or other feature of the Services; or

3.     deny or terminate your use of and/or access to the Services.

Any change(s) we make will be effective immediately upon our making such change(s) to the Services, or any Content therein, or otherwise providing notice thereof. You agree that your entering, re-entering, accessing, re-accessing or continuing to use the Services thereafter constitutes your acceptance of such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Registration and Passwords

Some Services may require you to register. We reserve the right to decline to provide access to any of the Services to any person for any or no reason. If you choose to register, you must submit a valid e-mail address, select a username and password during the registration process, and be at least 18 years of age. You are responsible for safeguarding the password that you use to access any secure areas of the Services. You understand that any information you provide will be treated by xoomtvbox in the manner described in this Agreement and our Privacy Policy. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify xoomtvbox of any unauthorized use of your password. xoomtvbox reserves the right to refuse providing access to the Services to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

Use of the Services

You may only use the Services for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use. Furthermore, the Services may contain links to or Content from other websites or sources that are completely independent of xoomtvbox and may require you to accept additional terms of service which will be presented to you before you can use such Services. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such Content

These Terms of Use do not grant you any rights to use such Content nor does it guarantee that such Content will continue to be available to you. xoomtvbox and its licensors reserve the right to change, suspend, remove, or disable access to any Content or any other aspect of the Services at any time without notice in its sole discretion. In no event will xoomtvbox be liable for changing, suspending, removing or disabling access to any Content or any other aspect of the Services. xoomtvbox may also impose limits on the use of or access to certain Services, in any case and without notice or liability. There may be interruptions in the delivery or availability of some or all Content at any time. You understand that by using any of the Services, you may encounter Content that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that xoomtvbox shall have no liability to you for Content that may be found to be offensive, indecent, or objectionable. You acknowledge and agree that xoomtvbox is not responsible for examining or evaluating the content or accuracy, completeness or authenticity of any Content. xoomtvbox, its officers, affiliates and subsidiaries do not warrant or endorse the Content and shall not, directly or indirectly, be liable or responsible, in any way, to you or any other person for the Content or for any inaccuracies, errors in or omissions from the Content. By accessing or using the Services, you acknowledge that xoomtvbox makes no representations or warranties with regard to the appropriateness or accuracy of the Content available therein.

Acceptable Use Policy

You agree not to use the Services to take any action(s) that:

·         are contrary to xoomtvbox public image, goodwill, or reputation;

·         infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

·         express or imply that any of your statements, activities or causes are endorsed by xoomtvbox without our prior written consent in each instance;

·         violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;

·         are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;

·         transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;

·         restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;

·         modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services;

·         remove any copyright, trademark, or other proprietary rights notices contained in or on the Services and/or any Content;

·         sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Services and/or Content, or any portion thereof, in any manner whatsoever;

·         distribute any virus, worm or other similar or deleterious files, scripts or programming routines;

·         interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of xoomtvbox or its licensors or suppliers;

·         involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);

·         forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;

·         execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you; and/or

·         harvest or collect information about users or members of the Services without their express consent.

·         Improper use of the Services and/or Content may result in termination of your access to and use of the Services, and/or civil or criminal liabilities.

·      xoomtvbox will have the right to investigate and prosecute violations of the Terms of Use, including intellectual property rights infringement and security issues, to the fullest extent of the law. XoomTV may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that XoomTV has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

·         Information about XoomTV’s Repeat Infringer Policy is contained on its Copyright Policy page (http://Xoomtvbox.com/copyright).

Third Party Links

The Services may contain links to third-party websites for your convenience. We do not control these third-party websites or the content provided through such websites, and we have not reviewed, in their entirety, and we assume no responsibility for, such websites or their content, privacy policies, or practices. By using the Services, you expressly relieve xoomtvbox of any and all liability arising from your use of any third party website. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third party products, services, or publications within the Services do not imply endorsement of, and we are not responsible for and disclaim any endorsement of, any such product, service, or publication. Further, it is up to you to take precautions to ensure that whatever links you select are free of such items as viruses, worms, Trojan horses, date or time bombs and other items of a destructive nature.

Ownership

The Services are owned and operated by xoomtvbox and the Services (and any intellectual property and other rights relating thereto) are and will remain the property of xoomtvbox The Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Services without our prior written permission. The Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by xoomtvbox or, if so indicated in writing by XoomTV, its licensors or suppliers. Use of the Services for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services. All rights not expressly granted here under in and to the Services are hereby expressly reserved to xoomtvbox

Product names, logos, brands, and other trademarks featured, or referred to, on the Services, are the property of their respective trademark holders. These include, but are not limited to, xoomtvbox ,YouTube, Facebook and Skype. Except for xoomtvbox trademark holders are not affiliated with xoomtvbox or its products, promotional materials, or Services, nor do they sponsor or endorse xoomtvbox

Ability To Accept Terms Of Service

You further affirm that you are more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

In any event, you hereby warrant and represent that you are over the age of 13, as these Services are not intended for children under 13. If you are under 13 years of age, then please do not use these Services.

xoomtvbox does not knowingly solicit data from children or knowingly market to children. We are concerned about the safety of children and their use of the Internet and, in accordance with the U.S. Children’s Online Privacy Protection Act; we do not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that we receive actual knowledge that we have collected such personal information without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as reasonably practical.

It is up to parents to properly supervise their children’s online activities. xoomtvbox wishes to inform you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website of GetNetWise.org (http://www.getnetwise.org/).

Term & Termination

This Agreement is effective from the date that you first access the Services or submit any information to xoomtvbox, whichever is earlier, and shall remain effective until terminated in accordance with its terms. xoomtvbox may immediately terminate this Agreement, and/or your access to and use of the Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all xoomtvbox rights of ownership shall survive any termination. All of your representations, warranties and indemnification obligations here under shall also survive any termination hereof.

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate xoomtvbox to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.

The Services Are Provided “As-Is”

THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING XOOMTVBOX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, XOOMTVBOX MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. XOOMTVBOX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

Indemnification

You agree to fully indemnify, defend, and hold xoomtvbox, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any Content you submit to us or transmit to the Services infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party and/or causes damage to any third party; (c) your activities in connection with the Services or other websites to which the Services are linked; and/or (d) your willful misconduct or gross negligence. This defense and indemnification obligation will survive this Agreement and your use of the Services..

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER XOOMTVBOX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT XOOMTV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT XOOMTVBOX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, XOOMTVBOX WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADED OR OTHERWISE ACCESSIBLE FROM OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF XOOMTVBOX TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICES IS LIMITED TO HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN XOOMTVBOX AND YOU. 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.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein.

Waiver

The failure of xoomtvbox to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by and interpreted in accordance with the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Dallas County, Texas, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use constitute the entire & exclusive agreement between xoomtvbox and you with respect to the Services and supersede and replace any prior or contemporaneous understandings between xoomtvbox and you regarding the Services.

Contact

If you have any questions about these Terms of Use, please contact xoomtvbox at support@xoomtvbox

TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT

PLEASE READ THIS TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT (“AGREEMENT”) CAREFULLY BEFORE USING YOUR XOOMTVBOX PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, “XOOMTVBOX” PRODUCT” IS THE XOOMTVBOX AND THE “ACCESSORIES” ARE THE CABLES, POWER ADAPTOR, REMOTE CONTROL AND THE WIRELESS USB DEVICE THAT CAME WITH THE XOOMTVBOX PRODUCT. THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU AND XOOMTVBOX, INC. (“XOOMTVBOX”) GOVERNING YOUR USE OF THE XOOMTV PRODUCT, TH