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Terms & Conditions

Terms of User Agreement

This Terms of UseAgreement (“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 orother materials or services (the “Content”) displayed or accessible through thexoomtvbox Website and the xoomtvbox Service (collectively, the xoomtvboxWebsite and the xoomtvbox Service are referred to herein as the “Services”).Your access to and use of the Services are expressly conditioned on yourcompliance with these Terms of Use. By accessing or using the Services, youagree to be bound by these Terms of Use and you agree to J xoomtvbox ’s privacypolicy, found at http://xoomtvbox.com/privacy-policy, which may be modified by xoomtvbox at anytime for any reason and which is incorporated here by reference. If you do notagree to any of these terms or xoomtvbox’s latest privacy policy, please do notuse the Services. Be advised that this Agreement contains disclaimers ofwarranties and limitations on liability that may be applicable to you.

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

1.    change the terms andconditions of this Agreement;

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

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

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

Some Services mayrequire you to register. We reserve the right to decline to provide access toany of the Services to any person for any or no reason. If you choose toregister, you must submit a valid e-mail address, select a username andpassword during the registration process, and be at least 18 years of age. Youare responsible for safeguarding the password that you use to access any secureareas of the Services. You understand that any information you provide will betreated by xoomtvbox in the manner described in this Agreement and our PrivacyPolicy. You agree not to disclose your password to any third party. You agreeto take sole responsibility for any activities or actions under your password,whether or not you have authorized such activities or actions. You willimmediately notify xoomtvbox of any unauthorized use of your password. xoomtvboxreserves the right to refuse providing access to the Services to any user, orto delete accounts created by users who appropriate the name, likeness, emailaddress or other personally identifiable information of another individual.

Use of the Services

You may only use theServices for your personal and non-commercial purposes, and subject to therestrictions set forth in these Terms of Use. Furthermore, the Services maycontain links to or Content from other websites or sources that are completelyindependent of xoomtvbox and may require you to accept additional terms ofservice which will be presented to you before you can use such Services. SuchContent may be protected by copyright or other intellectual property laws andtreaties, and may be subject to terms of use of the third party providing suchContent

These Terms of Use donot grant you any rights to use such Content nor does it guarantee that suchContent will continue to be available to you. xoomtvbox and its licensorsreserve the right to change, suspend, remove, or disable access to any Contentor any other aspect of the Services at any time without notice in its solediscretion. In no event will xoomtvbox be liable for changing, suspending,removing or disabling access to any Content or any other aspect of theServices. xoomtvbox may also impose limits on the use of or access to certainServices, in any case and without notice or liability. There may beinterruptions in the delivery or availability of some or all Content at anytime. You understand that by using any of the Services, you may encounterContent that may be deemed offensive, indecent, or objectionable, which Contentmay or may not be identified as having explicit language. Nevertheless, youagree to use the Services at your sole risk and that xoomtvbox shall have noliability to you for Content that may be found to be offensive, indecent, orobjectionable. You acknowledge and agree that xoomtvbox is not responsible forexamining or evaluating the content or accuracy, completeness or authenticityof any Content. xoomtvbox, its officers, affiliates and subsidiaries do notwarrant or endorse the Content and shall not, directly or indirectly, be liableor responsible, in any way, to you or any other person for the Content or forany inaccuracies, errors in or omissions from the Content. By accessing orusing the Services, you acknowledge that xoomtvbox makes no representations orwarranties with regard to the appropriateness or accuracy of the Contentavailable therein.

Acceptable Use Policy

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

·        are contrary to xoomtvboxpublic image, goodwill, or reputation;

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

·        express or imply thatany of your statements, activities or causes are endorsed by xoomtvbox withoutour prior written consent in each instance;

·        violate any applicablelaw, statute, ordinance or regulation, or encourage any conduct that couldconstitute 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 tradesecret or other material, non-public information about any person, company orentity without the authorization to do so;

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

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

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

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

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

·        interfere with ordisrupt any services or equipment with the intent of causing an excessive ordisproportionate load on the infrastructure of xoomtvbox or its licensors orsuppliers;

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

·        forge headers orotherwise manipulate identifiers in order to disguise the origin of anysubmission;

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

·        harvest or collectinformation about users or members of the Services without their expressconsent.

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

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

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

Third Party Links

The Services maycontain links to third-party websites for your convenience. We do not controlthese third-party websites or the content provided through such websites, andwe have not reviewed, in their entirety, and we assume no responsibility for,such websites or their content, privacy policies, or practices. By using theServices, you expressly relieve xoomtvbox of any and all liability arising fromyour use of any third party website. The fact that we offer such links does notindicate any approval or endorsement by us of any linked website or anymaterial contained on any linked website, and we disclaim any such approval orendorsement. Further, descriptions of, or references to, third party products,services, or publications within the Services do not imply endorsement of, andwe 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 ensurethat whatever links you select are free of such items as viruses, worms, Trojanhorses, date or time bombs and other items of a destructive nature.

Ownership

The Services are ownedand operated by xoomtvbox and the Services (and any intellectual property andother rights relating thereto) are and will remain the property of xoomtvbox TheServices are protected by U.S. and international copyright, trademark, andother 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 Serviceswithout our prior written permission. The Services may be used solely (a) tothe extent permitted in this Agreement or (b) as expressly authorized inwriting by xoomtvbox or, if so indicated in writing by XoomTV, its licensors orsuppliers. Use of the Services for any other purpose is strictly prohibited.You acknowledge that you do not acquire any ownership rights by using theServices. All rights not expressly granted here under in and to the Services arehereby expressly reserved to xoomtvbox

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

Ability To Accept Terms Of Service

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

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

xoomtvbox does notknowingly solicit data from children or knowingly market to children. We areconcerned about the safety of children and their use of the Internet and, inaccordance with the U.S. Children’s Online Privacy Protection Act; we do notknowingly request or solicit personally identifiable information from anyoneunder the age of 13 without prior verifiable parental consent. In the eventthat we receive actual knowledge that we have collected such personalinformation without the requisite and verifiable parental consent, we willdelete that information from the Services as quickly as reasonably practical.

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

Term & Termination

This Agreement iseffective from the date that you first access the Services or submit anyinformation to xoomtvbox, whichever is earlier, and shall remain effectiveuntil terminated in accordance with its terms. xoomtvbox may immediatelyterminate this Agreement, and/or your access to and use of the Services, or anyportion thereof, at any time and for any reason, with or without cause, withoutprior notice. This Agreement will also terminate automatically if you fail tocomply with any term or provision of this Agreement. Upon termination of thisAgreement by either party, your right to use the Services shall immediatelycease, and you shall destroy all copies of information that you have obtainedfrom the Services, whether made under the terms of this Agreement or otherwise.All disclaimers and all limitations of liability and all xoomtvbox rights ofownership shall survive any termination. All of your representations, warrantiesand indemnification obligations here under shall also survive any terminationhereof.

We reserve the rightat any time and from time to time to modify, discontinue, temporarily orpermanently, the Services, or any part or portion thereof, with or withoutnotice to you. You agree that we shall not be liable to you or to any thirdparty for any modification, suspension or discontinuance of the Services, orany part of portion thereof. Nothing in this Agreement shall be construed toobligate xoomtvbox to maintain and support the Services, or any part or portionthereof, 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”, WITHOUTWARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITINGTHE FOREGOING XOOMTVBOX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUTLIMITING THE FOREGOING, XOOMTVBOX MAKES NO WARRANTY THAT THE SERVICES WILL MEETYOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREEBASIS. XOOMTVBOX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS,SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES, OR THEACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANYINFORMATION OBTAINED THROUGH THE SERVICES.

Indemnification

You agree to fullyindemnify, 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 allclaims, damages, losses, costs (including reasonable attorneys’ fees), andother expenses that arise directly or indirectly out of or from: (a) yourbreach of this Agreement; (b) any allegation that any Content you submit to usor transmit to the Services infringes or otherwise violates the copyright,patent, trademark, trade secret, or other intellectual property or other rightsof any third party and/or causes damage to any third party; (c) your activitiesin connection with the Services or other websites to which the Services arelinked; and/or (d) your willful misconduct or gross negligence. This defenseand indemnification obligation will survive this Agreement and your use of theServices..

Limitation of Liability

TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, NEITHER XOOMTVBOX NOR ANY OTHER PARTY INVOLVED INCREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TOTHE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL ORPUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TOACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT(INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT XOOMTV HASBEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTHHEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLYACKNOWLEDGE THAT XOOMTVBOX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE ORILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURYFROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, XOOMTVBOX WILL HAVE NOLIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADEDOR OTHERWISE ACCESSIBLE FROM OR THROUGH THE SERVICES. YOU AGREE THAT THEAGGREGATE LIABILITY OF XOOMTVBOX TO YOU FOR ANY AND ALL CLAIMS ARISING INCONNECTION WITH THE SERVICES IS LIMITED TO HUNDRED DOLLARS ($100). THELIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OFTHE BARGAIN BETWEEN XOOMTVBOX AND YOU. SOME JURISDICTIONS DO NOT ALLOW THEEXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Severability

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

Waiver

The failure of xoomtvboxto enforce any right or provision of these Terms of Use will not be deemed awaiver of such right or provision.

Controlling Law and Jurisdiction

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

Entire Agreement

These Terms of Useconstitute the entire & exclusive agreement between xoomtvbox and you withrespect to the Services and supersede and replace any prior or contemporaneousunderstandings between xoomtvbox and you regarding the Services.

Contact

If you have anyquestions about these Terms of Use, please contact xoomtvbox atsupport@xoomtvbox

TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT

PLEASE READ THIS TERMSOF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT (“AGREEMENT”) CAREFULLYBEFORE 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 THEXOOMTVBOX PRODUCT. THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU ANDXOOMTVBOX, INC. (“XOOMTVBOX”) GOVERNING YOUR USE OF THE XOOMTV PRODUCT, TH