- OWNERSHIP OF CONTENT
XD websites and applications may offer featured articles, pictures, information, digital images, games, surveys, contests and sweepstakes, advertising, logos, trademarks and other content (collectively referred to hereinafter as “Content”, but excluding specifically User Content as defined below) we hope will be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. XD makes no representations or warranties that the Content is available, appropriate or legal to access and Content may be removed at the discretion of XD. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via this site is owned by XD or used with authorization. Please feel free to browse the site, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. Please note that downloading software, information, data or images from this site does not give you title or other rights to such Content.
- RESTRICTIONS ON THE USE OF THE SITE
As a condition of using this site, you agree that you will not:
Without the prior written consent of XD, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
Submit, display, or transmit any User Content (as hereinafter defined) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
Submit, display, or transmit any User Content that exceeds XD’s capacity limits or for which you do not own or have the necessary and appropriate rights;
Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the site;
Use the site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;
Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;
Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the site; or
Monitor or copy Content; or
The services on the website are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with XD or provide your personal information to XD. If you are at least 13 and under 18 years of age, you may register with XD websites only if you have the consent of your parent or guardian.
Site Security Use Restrictions
XD takes the security of this website and its other websites seriously. Therefore, in addition to the restrictions set forth above, you may not:
Interfere or attempt to interfere with the proper working of this website or any activity or service on this website by using any robot, “bot”, spider, crawler, engine, device, software, tool, routine or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity which interferes with the proper working of or access to this site or to any host or network;
Attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;
Access or attempt to access any system or servers on which the site is hosted or modify or alter the site in any way;
Upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;
Restrict or prevent any other user from using the site and/or any products, services, or Content posted on or offered through the site;
Post or upload User Content (as hereinafter defined) that disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the site, or that otherwise negatively affects other users’ ability to use any XD website; or
Link to, frame, or otherwise reproduce this site or any other XD website without the prior written consent of XD.
XD reserves the right to investigate any violations of its system, network or website security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.
Copyright to all Content on the site is either owned by XD or is licensed to XD. No Content or other material from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages and other penalties. The use of any such material on any other website or networked computer environment is prohibited without the express written permission of XD.
Procedures for Making Copyright Infringement Claims. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via this website, please notify our designated DMCA agent immediately at: [email protected], or by mail at Xtractor Depot Group at 855 Washington Blvd, Montebello, CA, 90340 | Attention: Legal Department. DMCA Notices must be in writing and must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
A description of the copyrighted work that you claim has been infringed;
The URL of the site and a description of where the material that you claim is infringing is located on that site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that all the information in your Notice is accurate, and that you are either the copyright owner or authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed.
- TRADEMARKS AND PROPRIETARY RIGHTS NOTICES
All trademarks, logos, trade names or service marks (collectively the “Marks”) mentioned, used, or displayed on this site are either owned by XD or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of XD. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through this site or any other XD website.
- USER CONTENT
Some of our sites allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”). By posting User Content on this site or any XD website, you hereby grant XD an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, world-wide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from XD in connection with XD’s exercise of its license rights in and to the User Content you have posted on this site or any other XD website. You acknowledge and agree that XD is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on any site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.
XD has no obligation to monitor this site or any portion thereof. However, XD reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. XD has no obligation to display or post any User Content. XD reserves the right to disclose, at any time and from time to time, any information or User Content that XD deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. XD shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this site.
You must meet any age, geographic or other eligibility requirements specified at each site to subscribe to a magazine, publication or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our sites. By registering at those sites, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual site and vendor policies.
- ONLINE SHOPPING
Some XD sites also offer e-commerce opportunities. Different sites may offer different options for visitors to purchase products or services either from XD or from a third party (see Section 9 below concerning Third Party Sites). XD does not guarantee that you will be satisfied with products or services purchased from us. XD does not design, make, or manufacture products sold online, and only sells, distributes or ships products from its own online stores. Quantities of some items may be limited, and delivery may not be available in your area. All orders are subject to prior sale. Neither XD nor its vendors guarantee that all orders will be filled.
- LINKS AND THIRD PARTY SITES
This Website may contain links to and from third-party sites, including but not limited to sites operated by advertisers, vendors, and/or promotional or business partners. Sites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each site to be sure you understand the terms, conditions, policies and requirements of that site. XD does not endorse, and the inclusion of any link on this site does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and XD has not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. XD has no control over: (a) the quality, safety or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or (b) the content of, or any products or services offered by, websites operated by third parties. XD does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers or other third parties that link to or from any XD website. You acknowledge and agree that XD has not reviewed all of the sites linked to or from this website, does not endorse such sites, is not responsible for such sites, and under no circumstances shall be liable for the contents, products or services of any off-site pages or of any third party sites linked to or from this website. Your linking to any other off-site pages or other sites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery schedules, and for return policies.
- COMMUNITY CODE OF CONDUCT
Some websites operated by XD may offer community features, such as internal messaging systems, bulletin boards, forums, or chat rooms. We do not monitor, filter, censor, edit or regulate information and content provided by third parties on this website and other XD websites, including information provided in community areas, although we reserve the right to do so in our sole discretion, with or without notice. XD does not endorse or warrant the accuracy or reliability of User Content posted or uploaded by users or third parties. You agree that neither XD nor its officers, directors, employees, agents, licensors or licensees are responsible for any User Content and agree to hold them harmless from any liability associated with such User Content posted by other users and other third parties.
When participating in community areas of this website, you represent and warrant that you have the right and authorization to use any User Content you upload or post, and you hereby assign those rights to XD in accordance with these TOU. In addition to complying with the restrictions set forth in Section 2 of these TOU, you further represent and warrant that you will abide by the following rules:
You will not use this website to further any illegal purpose, to violate the rights of any party, or to damage any person or property.
Except as specifically authorized on certain XD websites and in designated classified ads sections of XD websites, you will not: (i) upload or otherwise post User Content with a commercial purpose, including, but not limited to, offers to sell products or services or attempts to solicit funds or to advertise products or services; (ii) post or upload User Content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unsolicited commercial advertisement, behavioral or viral marketing, or other spam; (iii) or e-mail such User Content to other users who have not indicated in writing that it is ok to contact them about other commercial services, advertisements, products or commercial interests; or (iv) post or upload User Content that includes links to commercial services or websites.
You will not post or upload User Content that impersonates any person or entity, including, but not limited to, a XD employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
You will not post or upload User Content that includes personal or identifying information about another person without that person’s explicit consent.
You will not post or upload User Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch.”
You will not post or upload User Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from any XD website.
You will not repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
You will not use any form of automated device or computer program that enables the submission of postings or User Content on any XD website without each posting being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
You will not use a Posting Agent to post User Content to any XD website.
- LIMITATION OF WARRANTIES
XD PROVIDES THIS WEBSITE AND THE CONTENT, INFORMATION, PRODUCTS AND SERVICES ON OR THROUGH IT “AS IS”, AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. XD SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states may not allow the exclusion of implied warranties, so check local laws.
- LIMITATION OF LIABILITY
XD DOES NOT WARRANT THAT THE CONTENT OR SERVICES AT THE SITE OR FUNCTIONS CONTAINED IN THE MATERIALS AT THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ALL PRODUCTS LISTED, SOLD OR ADVERTISED ARE AVAILABLE, OR THAT ALL TRANSACTIONS WILL BE COMPLETED. NEITHER XD NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES WARRANT OR MAKE ANY REPRESENTATIONS THAT THE CONTENT, MATERIALS OR INFORMATION CONTAINED AT THIS SITE ARE CORRECT, ACCURATE, COMPLETE, UP TO DATE, AND/OR RELIABLE.
IN NO EVENT SHALL XD OR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE, DISPLAY, TRANSMIT OR DELIVER THE CONTENT, MATERIAL AND INFORMATION USED IN THIS SITE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR SITE, LINKS TO OR FROM THIS SITE, INFORMATION POSTED ON OUR SITE, OUR SERVICES, ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. NEITHER XD NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES SHALL BE LIABLE FOR ANY LOSSES YOU MIGHT SUSTAIN BY ENGAGING IN TRANSACTIONS WITH BUYERS OR SELLERS WHO YOU MEET AS A RESULT OF CLASSIFIED ADVERTISEMENTS POSTED ON ANY XD WEBSITE. Some states do not allow the limitation of liability, so check local laws.
- INDEMNITY AND HOLD HARMLESS
You agree to hold XD and its officers, directors, employees, representatives, agents, licensors and licensees harmless from any and all claims, demands, attorneys’ fees, damages (actual and consequential) of every kind or nature, known and unknown, disclosed or undisclosed, arising out of, or any way connected with the use of any information at this site, any transaction occurring through this site, the safety or quality of any goods or services purchased or sold through this site, or the truth or accuracy of any claim made about such goods or services. California residents expressly agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”. Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center at (800) 952-5210 or [email protected] of the California Department of Consumer Affairs for consumer inquiries, or you may write to the Department of Consumer Affairs at the following address: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834.
- TERMINATION OF SERVICES
We may eliminate or terminate any Content or service posted on or made available through any of our websites without notice to you at any time in our sole discretion. Without limiting any other remedy, XD reserves the right, in its sole discretion, to immediately issue a warning or to immediately, temporarily, or permanently suspend or terminate your participation in the site or any area of the site, and to refuse to provide our services to you if: (i) you breach these TOU or any of the rules or eligibility requirements of this site or the services offered at this site; (ii) if we are unable to verify or authenticate any billing information you provide to us; or (iii) or if we believe that your actions may cause damage, harm or legal liability to you, or to any vendor, business or promotional partner, advertiser, other user, the public, or us. You also agree that XD will not be liable to you for any modification, suspension, or discontinuance of services provided, although if you are a paid subscriber to XD’s video on-demand streaming service feature and XD suspends or discontinues your subscription service, XD may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with section regarding Subscriptions and Billing herein. However, if XD terminates your account or suspends or discontinues your access to services due to your violation of these TOU, then you will not be eligible for any such credit, refund, discount or other consideration.
Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the site, you must provide all notices or complaints to XD via e-mail to [email protected] or mail at Xtractor Depot Group, Legal Department, 831 South Douglas Street, El Segundo, CA 90245. All notices from XD to you will be sent to the e-mail address you provide to us. Notice shall be deemed given twenty-four (24) hours after the e-mail is sent, unless we are notified that the e-mail address is invalid. XD reserves the right to send you notice by mail via overnight carrier (with tracking), postage prepaid, to the address you provided to us during any ordering or registration process. In such event, notice shall be deemed given three (3) days after the date of mailing.
XD reserves the right, in its sole discretion, to change, modify, add, or remove portions of these TOU at any time, so please check this site or any other XD website you use periodically for changes. Changes to these TOU shall be effective upon posting. Continued use of the site following the effective date of any changes to these TOU constitutes your acceptance of those changes.
- GENERAL PROVISIONS
(a) Severability. If any provision of these TOU is held to be invalid or unenforceable, it shall be stricken without affecting the validity of the remaining portions of these TOU. Headings are for convenience only, and are not intended to in any way to confine, limit, construe or describe the scope or extent of such section.
(b) Software Downloads. In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these TOU.
(c) International Use. We are a company based in the United States. XD’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where XD does not have rights or does not offer services is prohibited. Your subscription may not be always accessible through devices from outside the United States.
(d) No Waiver. No waiver by XD of any breach of these TOU by you shall constitute a waiver of this or any other provision of these TOU or alter or limit our right to act with respect to subsequent or similar breaches.
(f) No Agency. You acknowledge and agree that XD, in providing this site, is not acting for or on behalf of either you, or any vendor, business or promotional partner, or advertiser. You and our vendors, business or promotional partners and advertisers are independent contractors. No agency, fiduciary, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by these TOU between XD and either you or any vendor, business or promotional partner or advertiser at this site.
(g) Governing Law/Venue. Your use of this website and any dispute arising out of or relating to your use of this website will be governed by the laws of the State of California, irrespective of its conflicts of laws provisions. In the event that XD wises to pursue injunctive or other equitable relief as a result of your violation of these TOU and/or your infringement of XD’s intellectual property rights, XD may bring legal action against you in any federal or state court having jurisdiction.