Terms of Service
PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH IAC SEARCH & MEDIA PROVIDES YOU WITH VARIOUS SERVICES ON THE FOLLOWING WEB SITES: XIRXI.COM (EACH A "SITE" AND, COLLECTIVELY, THE "SITES"). ALL SERVICES PROVIDED BY THE HEFFERNAN GROUP (THG) SEARCH & MEDIA ON THE SITES ARE COLLECTIVELY REFERRED TO AS "XIRXI SERVICES." BY ACCESSING, BROWSING, AND/OR USING OUR WEB SITES AND/OR SERVICES POSTED ON THE WEB SITE, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT WEB SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR WEB SITES OR ANY SERVICES WE PROVIDE.
Ownership of our Web Sites and Protection of our Intellectual Property Rights
The contents of our Sites are intended for the personal, noncommercial use of our users. The Xirxi.com ("Sites") are divisions of THE HEFFERNAN GROUP (THG)("Xirxi"). All rights, title, and interest to the content displayed on our Sites, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs, and content provided by third parties are the property of Xirxi, or the respective third parties, and are protected by copyright, trademark, patent, or other proprietary rights and laws.
Except as expressly authorized by Xirxi, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on the Sites or any content (including without limitation any software) available through the Sites.
Changes to this Agreement
Your use of each site is also subject to the other policies, disclaimers and guidelines we post on such site from time to time.
Your License to Access Content on our Sites
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Sites via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Xirxi Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Sites in any way for any commercial use without the prior written permission of Xirxi or the copyright holder identified in the relevant copyright notice.
You agree not to modify the Xirxi Services in any manner or form, or to use modified versions of the Xirxi Services, including (without limitation) for the purpose of obtaining unauthorized access to the Xirxi Services or portions of the Services. You agree not to access the Xirxi Services by any means other than through the interface that is provided by Xirxi for use in accessing the Xirxi Services.
Except as expressly provided in this agreement, nothing contained in this agreement or on the Sites shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of Xirxi's Content or under any third party's content. Any rights not expressly granted herein are reserved.
If you choose to forward content from the Sites via email through our services, you agree that you will only forward such content to willing recipients known to you and that you will not use such services for engaging in spam or other unauthorized conduct.
No Automated Querying
You may not send automated queries of any sort to our sites without express permission in advance from Xirxi. Note that "sending automated queries" includes, among other things:
- using any software which sends queries to our sites to determine how a website or webpage "ranks" for various queries;
- "meta-searching"; and
- performing "offline" searches on any Xirxi web site
Posting Material on Our Sites
Certain Sites may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content ("Postings"). You acknowledge and agree that Postings and any and all liability arising from Postings are the sole responsibility of the user who posted the content ("Poster"), and not Xirxi. Xirxi does not control the Postings and does not guarantee the accuracy, integrity or quality of any Postings.
You understand that by using the Xirxi Services, you may be exposed to Postings that are offensive, indecent or objectionable. Under no circumstances will Xirxi be liable in any way for any Postings, including, but not limited to, for any errors, omissions or misrepresentations in any Postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any Postings.
If you do choose to post content on one of our Sites, please do not do so unless you understand that your Postings will be available publicly. You should not assume that you are anonymous online and cannot be identified by your Postings. You agree that all of your Postings will comply with the requirements of this Agreement.
You agree not to use our Sites to:
- Post any Posting that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm or threaten to harm users in any way;
- "Stalk" or otherwise harass any other person or entity;
- Impersonate any person or entity (including an Xirxi agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by Xirxi for such purpose;
- Disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
- Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Interfere with or disrupt the Xirxi Services, our Sites, or servers or networks connected to our Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
- Collect or store personal data about other users;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
You acknowledge that Xirxi does not pre-screen Postings, but that Xirxi has the right, but not the obligation, to refuse to make available, to modify or to remove any Postings or portions of Postings in its sole discretion and at any time without notice to the Poster, regardless of whether those Postings violate the terms of this Agreement or are otherwise objectionable.
You agree that your use of any Posting is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Posting. You agree that if you rely on any Posting submitted to Xirxi , it is solely at your own risk.
If you choose to provide any Postings on our Sites, you agree that Xirxi may copy, distribute, display, publish, modify or translate such Postings for any purpose and in any medium worldwide (including incorporating the Postings into Xirxi answer databases or any other Xirxi property, product or service) without any obligation to compensate you or any other third party in any way for any such use. Xirxi may grant other parties these same rights as to the Postings.
Sites with Registration
Certain Sites require users to register to obtain certain Xirxi Services. Registration is initially available to anyone of requisite age and citizenship and is limited to one registration per user. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by the Xirxi registration form (the "Registration Information") and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of the Xirxi Services, if you provide any information that is untrue, inaccurate, not current or incomplete, or Xirxi has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, Xirxi has the right to suspend or terminate your access and refuse you any and all use of relevant Site. Registrants have the right to terminate their account at any time by sending an e-mail to an address provided on the relevant Site.
Passwords and Security
Access to certain Xirxi Services require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify Xirxi immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. Xirxi cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Links to Other Web Sites
A central part of the Xirxi Services includes links to other World Wide Web sites or resources. Because Xirxi has no control over such sites and resources, you acknowledge and agree that Xirxi is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Xirxi shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Xirxi has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact with Advertisers or Third Party Vendors
Your dealings with advertisers and third party vendors found on or through the Xirxi Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Xirxi does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that Xirxi will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Sites. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Xirxi has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of our Sites including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
Modifications To Xirxi Services
Xirxi reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Xirxi Services (or any part thereof) with or without notice. You agree that Xirxi will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Xirxi Services.
Termination of your Access to Xirxi Services
You agree that Xirxi, in its sole discretion, may terminate your access to any of the Xirxi Services, and/or remove, discard or modify any Postings or content within the Service, for any reason, including, without limitation, for lack of use or if Xirxi believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Xirxi Services may be effected without prior notice, and acknowledge and agree that Xirxi may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Xirxi Services. If you use the Sites in violation of this Agreement, Xirxi may, in its sole discretion, retain all data collected from your use. Further, you agree that Xirxi shall not be liable to you or any third party for the discontinuation or termination of your access to the Xirxi Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING XIRXI SERVICES YOU UNDERSTAND AND AGREE THAT:
- XIRXI SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. XIRXI AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
- YOUR USE OF THE XIRXI SERVICES IS AT YOUR SOLE RISK. THE XIRXI SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XIRXI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- XIRXI MAKES NO REPRESENTATION OR WARRANTY THAT XIRXI SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE XIRXI SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE XIRXI SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH XIRXI SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED THROUGH THE USE OF XIRXI SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE XIRXI SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
- YOUR USE OF THE XIRXI SERVICES IS ALSO SUBJECT TO THE PICTURE SEARCH DISCLAIMERS HERE AND THE FINANCIAL DISCLAIMERS HERE.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT XIRXI IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, XIRXI SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR XIRXI SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT XIRXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL XIRXI'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of Xirxi
You agree to indemnify and hold Xirxi, its subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Postings or other content you submit or that are submitted from your account, (b) your use of or reliance on Xirxi Services, (c) your connection to our Sites, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
Copyright and Trademark Notices
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Xirxi are governed by the laws of THAILAND without regard to its conflict of law provisions. You and Xirxi agree to submit to the personal and exclusive jurisdiction of the courts located within THAILAND.
Severability of this Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against Xirxi
You agree that any claim or cause of action arising out of your use of our Sites or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Xirxi to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to this Agreement or our Sites, you may contact a representative of Xirxi at privacy@help.Xirxi.com.
Attention: Legal Department
Effective date: December 10, 2007