Terms of Use

Welcome to XPmedia.com. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use (Terms of Use), which together with our Privacy Policy, Anti-Spam Policy, Earning and Income Disclaimers, Opt-In and Opt-Out Policy and other documents on this website govern XPmedia.com's relationship with you in relation to this website.

Please read the Terms of Use carefully before using the service as they contain important information regarding legal rights, remedies and obligations. If you do not agree to all of these terms, do not use the services in any manner.

The term 'XPmedia.com' or 'us' or 'we' refers to the owner of the website whose registered office is 20987 N. John Wayne Pkwy, B104-122, Maricopa, AZ 85239. The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following Terms of Use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meets your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Copyright Notice

This website is the sole and exclusive property of XPmedia.com, Inc. XPmedia is the sole owner of the copyright © 2009-2012 XPmedia.com. All rights reserved worldwide. The content on the website is covered by one or more licenses between XPmedia.com and the content owner(s) or licensor(s).

You may not, except with our express written permission, distribute or commercially exploit the content.

Personal Information

Non-Account Activity. You can use the Site and/or Service without having an account. You can also contact us about the Site and/or Service without having an account. The User may watch one video or listen to one audio or read one article on the website without an account. Thereafter the User is required to subscribe to a Free or Full Access or Premiumsubscription.
Account-Related Activity. All activities on the Site require you to have an account. We ask for some personal information when you create an account, including but not limited to your email address and a password, which is used to protect your account from unauthorized access. An account allows you to access many of our services that require registration.
Usage Information. We may record information about your usage, including but not limited to such as when you use the Site and/or Service, the channels, groups and favorites you subscribe to, the contacts you communicate with, the videos you watch and the frequency and size of data transfers, as well as information you display or click on the Site (including UI elements, settings and other information). If you are logged in, we may associate that information with your account. We may use clear GIFs (a.k.a. "Web Beacons") in HTML-based emails sent to our users to track which emails are opened by recipients.
Content Uploaded to Site. Any personal information or video, audio or written content that you voluntarily disclose online becomes publicly available and can be collected and used by the users of the website. If you choose to register for an account, you agree to provide accurate, complete information about you as requested during the registration process ("Registration Process"). You will provide all content and other materials for posting on the Site in accordance with XPmedia's policies in effect from time to time including, without limitation, the manner of transmission to XPmedia.com. You will also be fully responsible for all use of your account and for any actions that take place using your account.

Term

These Terms of Use, including all revisions, shall remain in full force and effect while, and each and every time, you use the Service and/or Site. Either party may terminate these Terms of Use at anytime with or without cause. You may terminate these Terms of Use at anytime by simply going to My Account on the website and following the termination instructions or by ceasing all use of the Service. However, if you continue use of the Site, then these Terms of Use shall remain applicable.

Advertising and XPmedia.com Content or Commentary

You acknowledge that XPmedia.com reserves the right to advertise and provide XPmedia.com content or commentary on any portion of the Service and/or Site at its sole discretion. Some of the Service is supported by advertising revenue and may display advertisements and promotions. These advertisements and XPmedia.com content or commentaries may be targeted in a variety of ways including but not limited to being based upon the content of information stored on the Service, provided by you, queries made through the Service by you, or other information provided by you, information provided by third parties and/or in similar fashions. The manner, mode and extent of advertising by XPmedia.com on the Service are subject to change without specific notice to you. In consideration for XPmedia.com granting you access to and use of the Service, you agree that XPmedia.com may place such advertising and XPmedia.com content or commentaries on the Service.

Right to Reject and Retain Content

XPmedia.com, in its sole and exclusive discretion, reserves the right to and may choose to reject, cancel and/or remove the posting and display of any content or other materials (including URL links) for any reason or for no reason whatsoever and at any time, including but not limited to, any violation of these Terms of Use or any other XPmedia.com documents on this website or applicable law. XPmedia.com shall have the right to terminate your User Registration without notice to you if any content or other material is repeatedly rejected, cancelled, and/or removed by XPmedia.com. By the same token, once any content is posted on the Site, XPmedia.com retains the right to continue posting such content at its sole discretion.

Prohibited Content and Activities

While using the Service and/or Site you represent and agree that you will not:

Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
Use automated scripts to collect information from or otherwise interact with the Service or Site.
Engage in any commercial activity unless expressly approved in writing by XPmedia.com.
Engage in unauthorized framing of or linking to the Site.
Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable
Register for a User account on behalf of an individual other then yourself without the consent of that individual, or register for a User account on behalf of any group or entity without the consent of the group or entity.
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” and/or any other form of solicitation.
Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and/or credit card numbers.
Solicit personal information from anyone under 18 or solicit passwords or personally identifiable information for commercial or unlawful purposes.
Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Intimidate or harass another user.
Upload, post, transmit, share or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
Use or attempt to use another’s account, service or system without authorization from XPmedia.com, or create a false identity on the Service or Site.
Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of XPmedia.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose XPmedia.com or its users to any harm or liability of any type.
Upload, post, transmit, share, store or otherwise make available content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the rightful owner to do so.

Engaging in any of the above will result in the immediate termination of your User Account and access to the Service and Site without prior notice and at XPmedia.com’s sole discretion.

Uploading User Content

You represent and warrant that you have all rights in and to your user content (whether through ownership or licenses, consents, and permissions from the owner) required for you to lawfully submit your User Content to the Site and grant the rights to your User Content provided in these Terms of Use. You further represent and warrant that your user content posted to the Site has all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your user content in the manner contemplated by the Site and this Agreement and the posting and transmission of your user content does not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contact rights or any other rights of any person or entity.

Our Commitment to Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, XPmedia.com does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Site from persons under 13 years of age without the verified consent and permission of a parent or legal guardian. If you are under 13 years of age, then please do not use or access the Site at any time or in any manner without the permission of a parent or guardian. If XPmedia.com learns that personally identifiable information of persons under 13 years of age has been collected on the Site, then XPmedia.com will take prompt and appropriate steps to delete this information. At all times, XPmedia.com strives to protect children and to provide a family friendly site. XPmedia.com recommends that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone via the Site and/or Service or otherwise over the Internet. For a more detailed explanation of our Privacy Policy, please click here.

Note to International Users

The Site is hosted in the United States and is intended for and directed to users in the United States. If you are a user accessing the Site from the European Union, Asia or any other country or region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please be advised that through your continued use of the Site, which is governed by U.S. law, our Privacy Policy and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer and the processing of same in the U.S.

Limitation of Liability

IN NO EVENT SHALL XPMEDIA.COM OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, ECONOMIC, COVER, ACTUAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM OR RELATED TO YOUR ACCESS OR USE OF THE SITE AND/OR SERVICES, EVEN IF XPMEDIA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF XPMEDIA.COM OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO XPMEDIA.COM FOR YOUR REGISTRATION WITH THE SITE AND YOUR USE OF THE SERVICES DURING THE TERM OF YOUR USE OR $100. NO CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, CONTENT OR USER CONTENT MAY BE BROUGHT BY YOU AGAINST XPMEDIA.COM MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUED. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

YOU SPECIFICALLY ACKNOWLEDGE THAT XPMEDIA.COM SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL XPMEDIA.COM HAVE ANY LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, DESTRUCTION OR LOSS OF INFORMATION, MATERIALS OR CONTENT STORED, HOSTED, STREAMED OR UPLOADED ON OR THROUGH, TRANSMITTED TO, LINKED FROM, POSTED, PUBLISHED OR OTHERWISE MADE AVAILABLE FOR DISTRIBUTION VIA THE SITE AND/OR SERVICE. YOU SHOULD ENSURE THAT YOU MAINTAIN A COMPLETE AND CURRENT COPY AND ALL INFORMATION, CONTENT OR MATERIALS POSTED THEREON AT A LOCATION REMOTE FROM THE SITE. COMPANY EXPRESSLY DOES NOT GUARANTEE THE AVAILABILITY OF ANY CONTENT, INFORMATION OR MATERIALS STORED, HOSTED, STREAMED OR UPLOADED ON OR THROUGH, TRANSMITTED TO, LINKED FROM, OR POSTED OR PUBLISHED ON THE SITE.

The Site and Services are controlled and offered by XPmedia.com from its facilities in the United States of America. XPmedia.com makes no representations that the Site and Services are appropriate or available for use in other locations. Those who access or use the Site and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with their respective local laws.

Representations, Warranties and Indemnification

YOU REPRESENT AND WARRANT THAT: (A) YOU HAVE ALL RIGHTS IN AND TO YOUR USER CONTENT (WHETHER THROUGH OWNERSHIP OR LICENSES, CONSENTS, AND PERMISSIONS FROM THE OWNER) REQUIRED FOR (I) YOU TO LAWFULLY SUBMIT YOUR USER CONTENT TO THE SITE AND/OR SERVICE AND GRANT THE RIGHTS TO YOUR USER CONTENT PROVIDED IN THESE TERMS OF USE, AND (II) YOUR USER CONTENT TO BE POSTED AND TRANSMITTED TO AND THROUGH THE SITE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT; (B) YOU HAVE ALL REQUIRED LICENSES, CONSENTS, RELEASES AND/OR PERMISSIONS TO USE THE NAME AND/OR LIKENESS OF EACH IDENTIFIABLE INDIVIDUAL PERSON IN YOUR USER CONTENT IN THE MANNER CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT, AND (C) THE POSTING AND TRANSMISSION OF YOUR USER CONTENT ON AND THROUGH THE SITE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE, THE SERVICE AND THE TERMS OF USE DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, PATENTS, TRADEMARKS, CONTRACT RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON OR ENTITY.

YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS XPMEDIA.COM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS AND AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND LOSSES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) ARISING FROM OR RELATED TO (A) YOUR USE OF THE SITE AND/OR SERVICES (B) ANY AND ALL OF YOUR USER CONTENT; (C) ANY THIRD PARTY CONTENT, MATERIALS OR INFORMATION THAT IS STORED, HOSTED, UPLOADED, STREAMED, DISTRIBUTED, TRANSMITTED, PROVISIONED ON, THROUGH OR TO THE SERVICE OR THE SITE; (D) ANY AND ALL CONTENT, MATERIALS OR INFORMATION ACCESSIBLE THROUGH ANY LINK; AND (E) A BREACH OF THESE TERMS OF USE BY YOU, INCLUDING WITHOUT LIMITATION BREACHES OF YOUR REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND COVENANTS HEREUNDER. THE CLAIMS, DAMAGES, LIABILITIES AND/OR LOSSES COVERED BY THIS INDEMNITY PROVISION INCLUDE, WITHOUT LIMITATION, ANY CLAIM OF TRADEMARK OR COPYRIGHT INFRINGEMENT, ANY VIOLATION OF ANY PROPRIETARY RIGHT, TRADE SECRET, DEFAMATION, BREACH OF CONFIDENTIALITY, PRIVACY VIOLATION, HARASSMENT, OR FALSE OR DECEPTIVE ADVERTISING OR SALES PRACTICES.

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SITE AND/OR SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE, SITE, SOCIAL NETWORKING PAGES, STORAGE AND BANDWIDTH ARE PROVIDED BY XPMEDIA.COM ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. XPMEDIA.COM DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR COMPLETELY SECURE. YOU EXPRESSLY ACKNOWLEDGE THAT THE SITE AND THE SERVICE ARE HOSTED BY A THIRD PARTY OVER WHICH XPMEDIA.COM HAS NO CONTROL. XPMEDIA.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE, AND DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

XPMEDIA.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S AND/OR SERVICE’S CONTENT OR THE CONTENT OF ANY SITES AND/OR SERVICES LINKED TO THIS SITE AND/OR SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND/OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

OFFICIAL LANGUAGE

The official language of this website, the Terms of Use, and all documents provided on this website is American English. Regardless of whether this website or any of the documents provided on this website is translated into one or more other languages for marketing purposes or any other purpose, the official language is and shall remain American English. The American English form of this website and all documents provided on this website shall control and determine the interpretation thereof.

APPLICABLE LAW, VENUE AND DISPUTES

These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of Arizona, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of Arizona USA. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any claim or dispute shall be resolved in a court of competent jurisdiction in Phoenix, Maricopa County, Arizona.

Any dispute, claim or controversy relating in any way to your visit to the website or to products you purchase through the website or to the breach, termination, enforcement, interpretation or validity of these Terms of Use shall be submitted to confidential binding arbitration in Maricopa County, Arizona, United States of America; except however, to the extent you have in any manner violated or threatened to violate our intellectual property rights, trade secrets and confidential or proprietary information, you stipulate that XPmedia.com is entitled to injunctive or other appropriate relief in any state or federal court in Phoenix, Maricopa County, Arizona, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Excluding any claim, action or proceeding related to or associated with a violation or threatened violation of XPmedia.com’s intellectual property rights, trade secrets, and confidential or proprietary information, arbitration under these Terms of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.

The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Last updated June 1, 2012