1. Acceptance of Terms of ServiceXeden Cloud Concepts Inc., hereianfter "XEDEN" and its subsidiaries and affiliates operate a network of cloud services and websites (collectively the "XEDEN Network"). These Terms of Service set forth the terms and conditions that apply to your use of the XEDEN Network. From time to time, XEDEN may supplement these Terms of Service with “Additional Terms” pertaining to specific content, including, but not limited to, the sharing of content via the XEDEN “Digital Rights Exchange”, use of XEDEN cloud services that may be released in the future, products, and the storage of content in the XEDEN Cloud.
You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. By using the XEDEN Network, you agree to these terms of service just as if you had signed an agreement with XEDEN. If you do not agree to be bound by these Terms of Service, please discontinue your use of the XEDEN Network.
A basic XEDEN account is provided free of charge to you, additional services are charged for using XEDEN “Cloud Credits.” Cloud Credits may be purchased, and in some cases earned through use of the XEDEN Network.
Although portions of the XEDEN Network may be viewed simply by visiting a website that has chosen to embed the XEDEN “Cloud Browser”, in order to access the full range of XEDEN services you need to register as a member of the XEDEN Network. Registering as a member will allow you to access certain services that are not available to guests/anonymous users.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the XEDEN Network, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited except where an open-source license is indicated that allows such reproduction or transmission.
3. TerminationXEDEN reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with your ability to access the XEDEN Network and/or any other services, tools, specific content, courses or events provided to you by XEDEN, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of ServiceXEDEN may modify these Terms of Service from time to time in its sole discretion. Each time you use the XEDEN Network, you will be deemed to have accepted any such changes. XEDEN shall have no obligation to notify you of any such changes other than posting such modifications on the XEDEN Website, but XEDEN reserves the right (at XEDEN's discretion) to provide you notice of such changes to any e-mail address you have provided to XEDEN.
5. Modifications of the XEDEN NetworkXEDEN may modify or discontinue the XEDEN Network, any portion thereof, or any services, tools, digital products, products, or applications related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Use of the XEDEN NetworkYou alone are responsible for the content posted in XEDEN library, any messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on the XEDEN Network. XEDEN assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be offered by other users of the XEDEN Network. XEDEN further assumes no responsibility for the deletion of or failure to store content.
You further agree that you will not use the XEDEN Network to post material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. XEDEN reserves the right to delete any such material from the XEDEN Website. XEDEN will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in Section 6 of this agreement.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of XEDEN. You further agree not to use an inappropriate member/User name of any kind.
You agree not to post or use the XEDEN Network to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) content on the XEDEN Network is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights") of either the User who posted the content, or XEDEN; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the XEDEN Network, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that XEDEN may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading or reproducing such materials.
By submitting content, which shall include your member name, to any "public area" of the XEDEN Network, you grant XEDEN a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, publish, translate, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to a view content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the XEDEN Network retains any and all Rights that may exist in such content.
XEDEN is not obligated to review content posted by users prior to the content's posting to any area of the XEDEN Network, including any private profile. Content posted by any user to the XEDEN Network does not reflect the opinions or views of XEDEN. XEDEN makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other XEDEN members through any XEDEN service.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT YOU HEREBY EXPRESSLY PERMIT XEDEN TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT.
Non Commercial UseThe XEDEN Network, its content, social tools and any other element of the XEDEN Network that is not intended for commercial application are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically allowed for. Illegal and/or unauthorized use of the XEDEN Network, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the XEDEN Network is prohibited. Any such use shall be deemed to be a violation of these Terms of Service.
XEDEN Social ToolsCertain XEDEN Social Tools allow members to create unique personal profiles, sibling corners of the Cloud, communicate and share materials with other XEDEN members through tools, and services that may be included from time to time. Use of the social functions is void where prohibited. Your use of the social tools is subject to this Terms of Service and any Additional Terms. You are solely responsible for your interactions with other users.
You may never use another's account without permission. If you become aware of any misuse of the XEDEN Network by any person, please contact XEDEN by clicking the "contact" link located throughout the XEDEN Network.
7. Member DisputesYou are solely responsible for any interaction with other members or visitors of the XEDEN Network. XEDEN reserves the right but shall have no obligation to monitor disputes between you and any other member of the XEDEN Network.
8. Intrastate Nature of CommunicationsWhen you register with the XEDEN Network and/or any service therein, you acknowledge that in using the XEDEN services to send electronic communications, you will be causing communications to be sent through XEDEN's computer networks, portions of which are located in the United States and portions of which are located abroad. As a result, and also as a result of XEDEN's business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms of Service and using the XEDEN communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.
9. Third Party ServicesWhere offered, you may order services or merchandise through the XEDEN Network from other persons not affiliated with XEDEN ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. XEDEN makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider XEDEN nor will XEDEN be construed as a party to such transactions, whether or not XEDEN may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
XEDEN may include special routing icons which may be located within the XEDEN Network, the activation of which will allow you to access and learn more about XEDEN and other services provided by XEDEN whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
10. Registration and PasswordYou are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify XEDEN of any unauthorized use of your registration or password.
11. Claims of Copyright InfringementThe Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the XEDEN Network infringe your copyright, you (or your agent) may send XEDEN a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow XEDEN to locate the material on the XEDEN Network; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send XEDEN a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. XEDEN suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
12. Disclaimer of WarrantiesYOU EXPRESSLY AGREE THAT USE OF THE XEDEN NETWORK, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, STORAGE, TOOLS AND PRODUCTS PURCHASED THROUGH THE XEDEN NETWORK, IS AT YOUR SOLE RISK. THE XEDEN NEYWORK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XEDEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
XEDEN MAKES NO WARRANTY THAT THE XEDEN NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE XEDEN Website WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES XEDEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE XEDEN Website. XEDEN WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE XEDEN NETWORK.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE XEDEN NETWORK IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT XEDEN DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE XEDEN NETWORK. XEDEN IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER XEDEN NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE XEDEN NETWORK, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. XEDEN ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
XEDEN SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE XEDEN NETWORK, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE XEDEN NETWORK IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XEDEN OR THROUGH THE XEDEN NETWORK, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
XEDEN MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE XEDEN NETWORK OR ANY TRANSACTIONS ENTERED INTO THROUGH THE XEDEN NETWORK.
XEDEN IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE XEDEN NETWORK. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH XEDEN MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST XEDEN WITH RESPECT TO SUCH SITES.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, XEDEN MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. XEDEN SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE XEDEN NETWORK, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY XEDEN AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE XEDEN NETWORK, YOU WAIVE ANY CLAIMS AGAINST XEDEN FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
13. Limitation of LiabilityXEDEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE XEDEN Website OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE XEDEN NETWORK OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF XEDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Promotional MessagesXEDEN and/or third parties may, from time to time, send e-mail messages to you containing news or other information. XEDEN makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither XEDEN nor such third party shall have any liability with respect thereto.
15. IndemnificationYou agree to indemnify and hold XEDEN, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the XEDEN Network, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
16. Applicable LawThese Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflicts of law’s provisions. By registering for or entering the XEDEN Network, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.
17. Remedies for Breach of these Terms by YouIn the event that XEDEN determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the XEDEN Website, XEDEN reserves the right to (i) delete any or all content provided by you or your agent(s) to The XEDEN Network; (ii) discontinue your registration(s) with the XEDEN Network and/or any other XEDEN community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the XEDEN Network; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which XEDEN deems to be appropriate.
XEDEN reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.
How we gather information from usersHow we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as when you make a purchase of Cloud Credits. Like most Web sites, XEDEN also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.
What we do with the information we collectXEDEN collects information to enhance your visit and deliver more individualized content and services. Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our network partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually.
Personally Identifiable Information collected by XEDEN may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, and other communications with you. Certain third parties who provide technical support for the operation of our network may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our cloud services, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary.
Affiliated sites, linked sites and advertisementsXEDEN expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our network you may link to, or view as part of a frame on a XEDEN page, certain content that is actually created or hosted by a third party. Also, through XEDEN you may be introduced to, or be able to access, information, Web sites, features, or services offered by other parties. XEDEN is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
You should be aware that if you voluntarily disclose Personally Identifiable Information in content you post that is public, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of XEDEN and this policy.
ChildrenXEDEN does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as required by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe XEDEN has any information from or about anyone under 13, please contact us at the address listed below.