Website Terms of Use
These Terms of Use govern your access to and use of Xignite's website (the "Site"), any information, text,
graphics, or other materials appearing on the Site (the "Content"), and any services provided through the Site
(the "Services"). Your access to and use of the Site, Content, and/or Services are expressly conditioned on
your compliance with these Terms of Use. By accessing or using the Site, Content, or Services, you agree to be
bound by these Terms of Use.
Modification of Terms of Use
You acknowledge and agree that Xignite may revise these Terms of Use from time to time. By continuing to access
or use the Site, Content, or Services after Xignite makes any such revision, you agree to be bound by the revised Terms of Use.
Privacy
See Xignite's Privacy Policy at here
for information and notices concerning Xignite's collection
and use of your
personal information.
Guard Your Password
You are responsible for safeguarding the password that you use to access any secure areas of the Site.
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 Xignite of any unauthorized use of your password.
Your Use of the Content
Xignite authorizes you to download, view, and print a single copy of any Content, solely for your personal and
non-commercial purposes, and subject to the restrictions set forth in these Terms of Use.
Xignite Property
All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property
of Xignite and its licensors. The Site, Content, and Services are protected by copyright, trademark, and other laws
of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not
reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform,
transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML code used to generate
web pages on the Site. You may not use the Site, Content, or Services on or in connection with any other website,
for any purpose.
General Prohibitions
You agree not to do any of the following while using the Site, Content or Services:
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Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
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Access, tamper with, or use non-public areas of the Site, Xignite’s computer systems, or the technical delivery systems of Xignite’s providers;
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Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
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Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Xignite or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
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Send unsolicited email, junk mail, “spam”, or chain letters, or promotions or advertisements for products or services;
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Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information;
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Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services;
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Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
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Impersonate or misrepresent your affiliation with any person or entity.
Xignite will have the right to investigate and prosecute violations of any of the above, including intellectual property
rights infringement and Site security issues, to the fullest extent of the law. Xignite may involve and cooperate with law
enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Xignite has no obligation
to monitor your access to or use of the Site, Content, and Services, but has the right to do so for the purpose of operating
the Site, 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.
Links
The Site may contain links to third-party websites or resources. You acknowledge and agree that Xignite is not
responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content,
products, or services on or available from such websites or resources. Links to such websites or resources do not
imply any endorsement by Xignite of such websites or resources or the content, products, or services available from such
websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such
websites or resources.
Termination
If you violate any of these Terms of Use, your permission to use the Site, Content, and Services will automatically
terminate. Xignite reserves the right to revoke your access to and use of the Site, Content, and Services at any time,
with or without cause. Xignite also reserves the right to cease providing or to change the Site, Content, or Services
at any time and without notice.
Use of the Site at Your Own Risk
Your access to and use of the Site, Content, and Services is at your own risk. Xignite will have no responsibility
for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site,
Content, or Services.
The Site is Available "AS-IS"
THE SITE, CONTENT, AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING, XIGNITE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT OR NON-INFRINGEMENT.
XIGNITE MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,
SECURE, OR ERROR-FREE BASIS. XIGNITE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION
PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Xignite OR THROUGH THE SITE, CONTENT, OR SERVICES,
WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold harmless Xignite, its officers, directors, employees and agents, from and
against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and
accounting fees, arising out of or in any way connected with your access to or use of the Site, Content, or Services,
or your violation of these Terms of Use.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER XIGNITE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SITE, CONTENT, OR SERVICES 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 SITE, CONTENT, OR SERVICES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT XIGNITE 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 Xignite 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, XIGNITE WILL HAVE NO
LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH
THE SERVICES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF XIGNITE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE,
CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO XIGNITE FOR ACCESS TO AND USE OF THE SITE, CONTENT,
OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
XIGNITE 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 will remain in full force and effect.
Waiver
The failure of Xignite 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 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 San Francisco County, California,
and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms of Use are the entire and exclusive agreement between Xignite and you regarding the Site, Content,
and Services, and these Terms of Use supersede and replace any prior agreements between Xignite and you regarding
the Site, Content, and Services.
If you have any questions about these Terms of Use, please contact Xignite at info@xignite.com.