These are our terms of service. They're long and detailed, but they're here to protect both you and us - and make sure we have a long and happy relationship together. Please take a moment to review all of these terms so you know what you're agreeing to.
If you find a XOTV Global, Inc. account which you believe violates our terms of service, please contact us immediately and let us know.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by XOTV Global, Inc., acceptance is expressly limited to these terms.
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
If you create any content on the Website, you are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the content. You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and XOTV Global, Inc. may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause XOTV Global, Inc. liability. You must immediately notify XOTV Global, Inc. of any unauthorized uses of your content, your account or any other breaches of security. XOTV Global, Inc. will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you operate content, comment on content, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, Video an audio file. By making Content available, you represent and warrant that:
By submitting Content to XOTV Global, Inc. for inclusion on the Website, you grant XOTV Global, Inc. a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your content. If you delete Content, XOTV Global, Inc. will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, XOTV Global, Inc. has the right (though not the obligation) to, in XOTV Global, Inc.’s sole discretion (i) refuse or remove any content that, in XOTV Global, Inc.’s reasonable opinion, violates any XOTV Global, Inc. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in XOTV Global, Inc.’s sole discretion. XOTV Global, Inc. will have no obligation to provide a refund of any amounts previously paid.
Optional paid services such as subscriptions, and alike on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay XOTV Global, Inc. the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly subscription period as indicated. Upgrade fees are not refundable.
Unless you notify XOTV Global, Inc. before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site's dashboard.
Unless indicated otherwise at the explicit discretion of XOTV Global, Inc., all sales are final and no refunds are provided for any products or services provided.
XOTV Global, Inc. has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, XOTV Global, Inc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. XOTV Global, Inc. disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which XOTV Global, Inc. links, and that link to XOTV Global, Inc. XOTV Global, Inc. does not have any control over those non-XOTV websites and webpages, and is not responsible for their contents or their use. By linking to a non-XOTV website or webpage, XOTV Global, Inc. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. XOTV Global, Inc. disclaims any responsibility for any harm resulting from your use of non-XOTV websites and webpages.
As XOTV Global, Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by XOTV Global, Inc. violates your copyright, you are encouraged to notify XOTV Global, Inc. via email. XOTV Global, Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. XOTV Global, Inc. will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of XOTV Global, Inc. or others.
This Agreement does not transfer from XOTV Global, Inc. to you any XOTV Global, Inc. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with XOTV Global, Inc. XOTV Global, Inc., XOTV, the XOTV logo, and all other trademarks, service marks, graphics and logos used in connection with XOTV Global, Inc., or the Website are trademarks or registered trademarks of XOTV Global, Inc. or XOTV Global, Inc.’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any XOTV Global, Inc. or third-party trademarks.
XOTV Global, Inc. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. XOTV Global, Inc. may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
XOTV Global, Inc. may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your XOTV Global, Inc. account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided "as is". XOTV Global, Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither XOTV Global, Inc. nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will XOTV Global, Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to XOTV Global, Inc. under this agreement during the twelve (12) month period prior to the cause of action. XOTV Global, Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless XOTV Global, Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between XOTV Global, Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of XOTV Global, Inc., or by the posting by XOTV Global, Inc. of a revised version. The Agreement and these Conditions shall be governed by and construed in accordance with the law of England and Wales. Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Agreement. Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts in San Jose California U.S.A. in respect of any dispute which arises out of or under this Agreement. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; XOTV Global, Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.