xm4biz.com Website Terms of Service
Welcome to xm4biz.com!
This Website is owned and operated by PlayNetwork, Inc (“PlayNetwork”). As used herein, whenever we refer to "we," "our," "us" or "xm4biz.com" in these Terms of Service, we are including PlayNetwork, Inc. and its affiliates, licensee's and assigns and the term “You” (including “Your” and “Yours”) and “User” means an authorized representative of a specified organization that subscribes to, and pays fees to use, xm4biz.com, and which shall also be bound by the terms of this Agreement.
All text, software (including source and object codes), data, information, visual, oral or other digital material, and all other content of any description available on our Web site or included in any services we offer (collectively, the "Content"), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the "Intellectual Property") are owned by PlayNetwork, Inc., its affiliates or third parties who have given us permission to use it.
You may download one copy of the Content to any single computer for Your personal, non-commercial home use only, provided that You keep intact all copyright and other proprietary notices. You may not otherwise reproduce, perform, distribute, display or create derivative works from the Content.
You may only use the Content and the Intellectual Property, access our Web site and use any services we provide through our Web site as expressly permitted in these Terms of Service and for no other purposes.
If you are authorized to act on behalf of a copyright owner, and any material on our Web site infringes on the rights the owner, please notify our designated agent:
8727 148th Avenue NE
Redmond, WA 98052
To be effective, your notification must provide us with information that meets the requirements of the U.S. Copyright Act, which are summarized as follows:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A detailed identification of the copyrighted work or works claimed to have been infringed;
Information sufficient to permit us to locate the allegedly infringing material;
Information sufficient to permit us to contact you, such as an address, telephone number or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent or the law;
Your sworn statement that the information in your notification is accurate; and
Your sworn statement that you are authorized to act on behalf of the copyright owner of the allegedly infringing material.
PROVISION OF INFORMATION THROUGH OUR WEB SITE
The content on our Web site is designed to promote our services only in the continental United States. We invite only residents of the continental United States to submit information to us through our Web site. By submitting information to us through our Web site, You warrant that:
You are at least 18 years old;
You are a resident of the continental United States; and
You are providing accurate and current information about yourself.
PlayNetwork will hold You fully liable in all claims and losses resulting from Your use or misuse of the Web site, including, but not limited to any activity related to account information (user name, password, financial data, etc.).
We may provide an opportunity for users to exchange information, ideas and opinions on our Web site. Information, ideas and opinions posted by users do not necessarily reflect the views of PlayNetwork, Inc. We do not assume responsibility or accept liability for the accuracy of any information, ideas and opinions posted by users. We are not liable for any claims, damages or losses resulting from any information, ideas and opinions posted by users.
You authorize us to use and publish any materials that you post on this Web site in any manner we choose and without any obligation to compensate You or anyone else.
If You post any materials on our Web site, You will not:
Harass, defame, intimidate or threaten another user;
Interfere with another user's rights to privacy;
Distribute chain letters, surveys or contests;
Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
Post any material that is obscene or indecent;
Post any trademarks, logos or copyrighted material without the authorization of the owner;
Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or
- Advertise or sell any goods or services.
You are responsible for the security of Your login ID and password ("Identifications") for the Website. You agree that any person using Your Identification issued for the Website will be treated by PlayNetwork as having been authorized by You to access Your information as contained on the Website, and take any other actions on Your behalf. You will indemnify and hold harmless PlayNetwork and its affiliated companies from all damages, costs, expenses, liabilities and claims incurred by them arising out of any action taken by any person or entity using an Identification.
The USER assumes all responsibility for use of the xm4biz.com Web site. The USER waives all claims against PlayNetwork, its officers, directors, employees, suppliers and programmers that may arise from the utilization of the xm4biz.com Web site.
RECOMMENDED BROWSER VERSIONS
1. Recommended Browsers
For optimal performance and appearance, we recommend using Internet Explorer 5.5, or later. You can download the latest version of Internet Explorer at www.microsoft.com/windows/ie/.
We also support Netscape Navigator 4.73 or later, and Internet Explorer 4.0, Service Pack 2, although You may encounter problems with page appearance and layout using these browsers. Netscape Navigator 4.7 and Internet Explorer 4.0 support only English and Western-European languages.
2. Problems Logging In
If You do not have a password or have forgotten your password, access the password management applications and request that your password be sent to You OR contact contact xm4biz.com Listener Care @ 1-888-XM4-BUSI (1-888-964-2874).
If You have a password but cannot log in, Your browser security settings might be too high. Try one of the following methods to change Your security settings, save Your new settings, and then try again.
For Internet Explorer: Choose Internet Options from the Tools menu. On the Security tab, select Medium security.
For Netscape: Choose Preferences from the Edit menu. In the Preferences window, click Advanced, then select "Accept all cookies."
LINKS TO THIRD-PARTY WEBSITES
Our Web site may provide You with links to third-party web sites. We have no control over the content of third-party web sites or the services and products available from third-party web sites. We are not liable for any direct or indirect damages or losses caused by Your use of third-party web sites. You assume full responsibility when You choose to follow any links on this Web site that lead to third-party web sites.
You agree to defend, indemnify and hold harmless PlayNetwork, Inc. and its affiliates, officers, agents, employees, licensors and service providers from any and all claims, liability and expenses, including attorneys' fees, whether in tort, contract or otherwise, relating to or arising
out of Your breach of these Terms of Service, applicable law or any right of PlayNetwork, Inc., its affiliates or any third party.
We may terminate Your right to use our Web site at any time and without notice. We will terminate Your right to use our Web site if You violate any of these Terms of Service or any other policy posted on our Web site, or if we become aware that You are a copyright infringer.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF XM4BIZ.COM IS AT YOUR SOLE RISK. THE CONTENT OF XM4BIZ.COM AND ANY GOODS AND SERVICES YOU ACQUIRE FROM XM4BIZ.COM ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WE MAKE NO WARRANTY THAT THE CONTENT OF THE WEBSITE IS ERROR-FREE AND TIMELY WITH ALL UPDATES.
WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING THOSE RESULTING FROM THE USE OF OR THE INABILITY TO USE XM4BIZ.COM, FROM GOODS OR SERVICES ACQUIRED THROUGH XM4BIZ.COM OR FROM ANY CONTENT POSTED ON XM4BIZ.COM BY US OR ANYONE ELSE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms of Service are the entire agreement between PlayNetwork, Inc. and You in connection with your use of this Web site. These Terms of Service are governed by and interpreted in accordance with the laws of the State of Washington, without regard to their principles of conflicts of law. Any action to enforce these Terms of Service will be brought in the federal or state courts located in the King County, Washington. You consent to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service. Any part of these Terms of Service found to be invalid or unenforceable by a court of competent jurisdiction will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable parts of this Agreement will remain binding upon the parties. By choosing to access our Web site from any location other than the United States, You accept full responsibility for compliance with all local laws. You are also subject to any United States export controls and are responsible for any violations of United States applicable embargoes or other federal rules and regulations restricting exports.
We may change these Terms of Service from time to time by posting revised Terms of Service on this Web site, without notice to You. Your subsequent use of this Web site will be governed by the new Terms of Service. Any questions about the Terms of Service should be directed to firstname.lastname@example.org.
September 30, 2008