Terms & Conditions
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
Use of the Services
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.
· 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.
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.
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.
Controlling Law and Jurisdiction
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