Legal Notices

 

Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Xcoordination web site located at www.xcoordination.org, and all associated sites linked to www.xcoordination.org by Xcoordination, including Xcoordination sites around the world. The Site is the property of Xcoordination and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Xcoordination reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Xcoordination grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Xcoordination, and is protected by copyright, patent and trademark laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Xcoordination’s express prior written consent.

Your Use of the Site
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Xcoordination server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or Xcoordination’s systems or networks, or any systems or networks connected to the Site or to Xcoordination.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Xcoordination on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Xcoordination or others.

Other Terms and Conditions
Xcoordination's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Xcoordination may make changes to any software offered on the Site at any time, without notice.

Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an Xcoordination ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Xcoordination immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Xcoordination or any other user of or visitor to the Site due to someone else using your Xcoordination ID, password or account.

You may not use anyone else’s Xcoordination ID, password or account at any time without the express permission and consent of the holder of that Xcoordination ID, password or account. Xcoordination cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy
Xcoordination’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Xcoordination’s Privacy Policy, click here.

Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others.

Links to Other Sites and to the Xcoordination Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Xcoordination's control, and Xcoordination is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers
XCOORDINATION DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. XCOORDINATION CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. XCOORDINATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XCOORDINATION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY XCOORDINATION SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST XCOORDINATION FOR
DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Xcoordination reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will Xcoordination be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Xcoordination has been advised of the possibility of such damages.

Violation of These Terms of Use
Xcoordination may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Xcoordination's rights or property, or the rights or property of visitors to or users of the Site, including Xcoordination's customers. Xcoordination reserves the right at all times to disclose any information that Xcoordination deems necessary to comply with any applicable law, regulation, legal process or governmental request. Xcoordination also may
disclose your information when Xcoordination determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You agree that Xcoordination may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Xcoordination, for which monetary damages would be inadequate, and you consent to Xcoordination obtaining any injunctive or equitable relief that Xcoordination deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Xcoordination may have at law or in equity.

You agree that Xcoordination may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Xcoordination does take any legal action against you as a result of your violation of these Terms of Use, Xcoordination will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Xcoordination. You agree that Xcoordination will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Xcoordination shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.
Copyright © 2009 Xcoordination. All rights reserved.

Updated by The Xcoordination Legal Team on June 11 2009.