The service provided by Xirlynx enables the End User to send electronic messages containing rich media content, including, but not limited to, images, videos, music, sound clips and other audiovisual and/or interactive features. Any new feature, enhancement, addition, change or upgrade to the current Service shall be subject to the terms and conditions set forth in the Agreement herein.
By registering for the Service, you agree to: a) provide true, accurate, complete and current user information as requested by Xirlynx at any time; b) promptly and regularly update your user information to maintain it’s accuracy and completeness; c) provide for your own access to the Internet and pay any fees or costs relative to such access that is required to access the Service; d) provide all necessary equipment and/or materials necessary for you to make such connection to the Internet in order to access, use and/or register for the Service. By providing any user information that is untrue, inaccurate, incomplete and/or not current, Xirlynx reserves the right to suspend or terminate the Service and refuse any and all current or future use of the Service, in whole or in part, by you. We may also ask you to sign an affidavit verifying the fact that your list is truly permission based.
By accessing and/or using the Service, you hereby represent and warrant that you will not utilize the Service for any purpose that is unlawful and/or prohibited by the terms and conditions in this Agreement. The Service provided by Xirlynx makes use of the Internet to compose, send and receive Messages; therefore, each End User’s conduct is subject to Internet law, regulations, policies and procedures. By utilizing the Service, you shall not engage in unlawful or unethical activities through your use of the Service, including, but not limited to: a) unsolicited surveys, contests or pyramid schemes; b) defamation, libel, slander, abuse, harassment, stalking, embarrassment, threatening acts or otherwise violate the legal rights of any third party; c) publish and/or distribute inappropriate, profane, vulgar, defamatory, infringing, obscene, adult-oriented, pornographic, tortuous, indecent, unlawful, immoral or otherwise objectionable material; d) harm minors in any way, form or manner; e) harvest or collect any information about any third party, including, but not limited to, email addresses, without consent of such third party; f) record conversations or communications between or among any other third parties without the consent of such third parties; g) create false identities for the purpose of misleading any third party as to the identity of the sender of any Message or to manipulate the origin of any Message or transmission of same; h) transmit or upload any content or materials that contain viruses, trojan horses, worms, bots or any other harmful or destructive programs; i) transmit or upload any content or materials that contain software or other content that is protected by Intellectual Property Rights, including, but not limited to, copyright, trademark and patent rights, rights of privacy or publicity, or any other applicable law, unless you are the owner of such rights thereto or have received all necessary consents by the respective owners of such rights; j) transmit or upload any content or material that would encourage conduct that could constitute a criminal offense, civil liability or otherwise violate any applicable local, state, federal or international law, regulation or policy; k) interfere with, disrupt or manipulate the Service, its networks or servers, or violate the regulations, policies and procedures of such networks and servers; l) successfully gain or attempt to gain unlawful and/or unauthorized access to the Service and/or accounts, systems and networks connected to the Service by password mining or other unauthorized means; m) violate any applicable laws, policies or regulations, including, but not limited to, laws relative to the transmission of data or software exported from the United States of America through the Service and/or any other applicable local, state, federal and international law and regulation; n) interfere with any individual, entity, or any other third party’s use and enjoyment of the Service; o) use the Service to advertise and/or promote any illegal activities; p) use the Service for illegal purposes; q) use the Service for gambling or betting purposes; r) use the Service to promote the use of alcohol, firearms or tobacco products; s) use the Service to send electronic mail transmissions to any third party that include links to any web site that violates the terms and conditions set forth in this Agreement; or t) engage in any other conduct, activity or behavior that, in Xirlynx’s sole and exclusive discretion, is considered unauthorized, illegal, immoral or objectionable.
By accessing, using and/or registering for the Service, you shall not use the Service, in whole or in part, in any way, for the purpose of composing and/or sending chain letters, junk electronic mail, “spam”, or any purpose that involves the utilization of distribution lists to any third party business or individual that has not given express specific permission to be included in such a distribution list. Any electronic mail advertisement that is composed and addressed to a third-party recipient with whom the sender does not have an existing business, commercial or personal relationship and which is not sent at the express request or consent of the recipient to receive such a Message from you is strictly prohibited (hereinafter referred to as “Spamming”). Xirlynx reserves the right to immediately terminate any End User’s license to access and/or use the Service if such End User uses the Service, in whole or in part, for Spamming purposes, and Xirlynx reserves the right to seek appropriate legal action as necessary for any such violation. If you reasonably believe that any other user may be using the Service for Spamming purposes, you hereby agree that you will promptly notify Xirlynx of any such violation.
Xirlynx holds no obligation to monitor the Service, your use of the Service or to store the content of any end user session. However, Xirlynx reserves the right to monitor, review, retain, store or disclose any information or content as necessary, at any time, in conjunction with any applicable law, regulation, policy, legal process and/or government or police request, or to enforce this Agreement herein at the sole discretion of Xirlynx. You hereby agree that Xirlynx shall be held harmless from any liability for any such monitoring, lack of monitoring, review, lack of review, retention, lack of retention and/or disclosure of content or information as described herein.
You, as End User, have the sole and exclusive responsibility for any content, data, text, software, music clips, sound, video, photographs, graphics, messages, files or other material that is transmitted, posted or otherwise distributed by you through the Service (hereinafter referred to as “End User Content”), including, but not limited to, the contents of your electronic mail communications, photographs posted by you or through the Service. As such, you assume sole liability for all End User Materials posted by you, whether publicly or privately posted and/or transmitted. Xirlynx is not responsible and holds no liability relative to monitoring the End User Content provided through the Service, and does not warrant, guarantee or represent, in any way, the accuracy, quality and/or integrity of the End User Materials. By utilizing the Service, you acknowledge that you may be exposed to content or other materials submitted by third parties or other users that may be offensive, indecent or otherwise objectionable, and that Xirlynx is held harmless from any liability resulting or arising out of same. Likewise, Xirlynx shall not be held liable for any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content transmitted through the Service.
Xirlynx completely forbids Websites, services or products by any people who:
Sell, provide, offer or offer to sell the following types of content, products or services within the realm of: sexual goods, pornography, pornographic services or anything related to those types of products, services or goods. This includes (but is not limited to): videos, software, magazines, escort services, illegal goods, drugs, accessories or contraband related to drugs, pirated software, or instructions or education on how to create grenades, bombs, illegal arms or other weapons.
Markets, displays or offers any material that exploits children or minors (anyone 18 years old and under).
Offers, promotes, sells or provides either services or content related to commercial email spam, which includes but is not limited to: illegal, Web-based or even direct pharmaceutical sales. This also includes sex or sex-related products, work at home businesses, credit repair, debt relief services, financial management services, trade or stock tips, refinancing and mortgage-related services, DJ services, party and/or nightclub promotion, gambling, bet-making or odds-based services, which may include but is not limited to casinos or casino games, racetrack or dog-racing bets, poker, online betting businesses, and both pro and college sporting event betting services.
Provides, markets or offers any offensive material that expresses prejudice, racism, bigotry, hatred, profanity, or any material that uses lewd, excessively violent, lascivious, dirty, or other questionable and objectionable content.
Provides, posts, markets or offers personal information about children or minors (anyone 18 and under) without the permission of their parents or legal guardians.
Promotes, posts or offers any type of product or service that is illegal in the geographic area of where the content is created, sent from or received.
Distributes or unleashes nefarious computer or technology related items that include but are not limited to viruses, harmful code, trojans, key-logging software or other types of spyware. Distributes, promotes, posts or offers services or content that solicit participation in pyramid or ponzi schemes, multi-level or channel (MLM) businesses or services that include but are not limited to work at home jobs, “get rich quick” schemes, services or content that offers ways to “build wealth” or become "financially independent".
Distributes content that could be considered threatening, defamatory, libelous or harassing. Promotes or solicits material that encourages violence or subterfuge against organizations, governments, groups, individuals or public figures, or sends out or promotes anything that gives instruction or assistance in carrying out aforementioned violence or behavior. Distributes or uses any content not owned by the sender including photos, artwork or content without the express written consent of the owner, or distributes any material that identifies or displays images of people without their express written consent.
You expressly agree that use of the Service is at your sole risk. The Service is provided by Xirlynx on an “as is” and “as available” basis. Xirlynx expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Xirlynx makes no warranties that the Service will meet your requirements and/or be uninterrupted, timely, secure or error-free, nor does Xirlynx make any warranty as to the accuracy or reliability of any information obtained and/or downloaded through the use of the Service or that defects in the system and software will be corrected. Xirlynx makes no warranty regarding any goods or services purchased or downloaded through the use of the Service or any third-party links or any information obtained or transactions entered into through the use of the Service. No advice or information, whether oral or written, obtained by you from Xirlynx shall create a warranty not expressly stated herein. Furthermore, Xirlynx makes no warranties concerning the suitability of the content provided through the Service for any purpose.
Xirlynx shall not be liable for any damages whatsoever, whether direct, indirect, punitive, incidental, special or consequential, arising out of or in any way connected to the use of the Service or with the delay or inability to use the Service, or for any information, products and services obtained through use of the Service, or otherwise arising out of the utilization of the Service, whether based in contract, tort, strict liability or otherwise, even if Xirlynx has been advised of the possibility of said damages. Furthermore, Xirlynx shall not be liable for any damages arising from the interruption, suspension or termination of the Service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent or intentional.
Xirlynx reserves the right to modify and/or discontinue the Service, whether temporarily or permanently, with or without notice to the users, and Xirlynx shall not be liable to you or any third party for any such modification and/or discontinuance of the Service. Xirlynx further reserves the right to make revisions, modifications, additions, deletions or any such changes to this Agreement at its sole discretion, at any time, with or without notice to its users.
You agree to indemnify and hold Xirlynx, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site or services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. Xirlynx reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Xirlynx.
This Agreement represents the entire agreement between you and Xirlynx with respect to your use of the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Xirlynx with respect to your use of the Service.