We grant you a limited, revocable, and nonexclusive license to access and make personal use of the System and Website. This license does not include any resale or commercial use of the System, Website or its contents; any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another company; or any use of data mining, robots, or similar data gathering and extraction tools. You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any content or portion of the System and/or Website.
You may not do any of the following without the express, prior written consent of Xennews:
- visit or otherwise exploit the Website for any commercial purpose;
- frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the Website;
- download (other than page caching) the Website, or any portion of it;
- copy, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the Website; or
- use any meta tags or any other “hidden text” utilizing Xennews’ name, domain name or trademarks.
Any unauthorized use terminates the license granted to you above by Xennews.
Representations and Warranties
You represent, warrant and covenant that:
- (a) you shall not upload, post or transmit to or distribute or otherwise publish through the System any materials which
- (i) restrict or inhibit any other user from using and enjoying the System,
- (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
- (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
- (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right,
- (v) contain a virus or other harmful component,
- (vi) contain any information, software or other material of a commercial nature,
- (vii) contain advertising of any kind, or
- (viii) constitute or contain false or misleading indications of origin or statements of fact;
and (b) that you are at least eighteen (18) years old.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE Xennews WEBSITE AND/OR SYSTEM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” AND Xennews EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING IN ANY WAY TO THE Xennews SITE AND/OR SYSTEM OR ANY LINKED SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE Xennews SITE AND/OR SYSTEM, SITE-RELATED SERVICES AND ANY LINKED SITE. Xennews DOES NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE Xennews SITE AND/OR SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE Xennews SITE AND/OR SYSTEM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Xennews AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE Xennews SITE AND/OR SYSTEM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Xennews AND ITS SPONSORS AND AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE Xennews SITE AND/OR SYSTEM, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE Xennews SITE AND/OR SYSTEM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE Xennews SITE AND/OR SYSTEM AND/OR SITE-RELATED SERVICES IS TO STOP USING THE Xennews SITE AND/OR SYSTEM AND/OR THOSE SERVICES.
Accuracy of Information; Links to Third Party Sites
Although Xennews attempts to ensure the integrity and accurateness of the Website and/or System, it makes no guarantees whatsoever as to the correctness or accuracy of the Website and/or System. It is possible that the Website and/or System could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website and/or System by third parties. In the event that an inaccuracy arises, please inform Xennews. Xennews reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Xennews may, at its sole discretion, offer links to websites of various service, product and information providers. As these websites are not maintained or written by Xennews, we do not guarantee or attest to the accuracy and completeness of the information obtained through these links. Accordingly, Xennews will not be held liable for decisions made based upon information on these linked websites. These links should not serve as an endorsement for any particular provider’s capabilities or services, as we have no control over the quality, accuracy or comprehensiveness of the information obtained.
Unless otherwise set forth hereunder, all content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof is the property of Xennews, our affiliates, our partners or our licensors, and is protected by US and international intellectual property laws.
User Submissions and Communications
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the System, you hereby grant to Xennews a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Xennews for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You represent and warrant that you own or otherwise control the rights to all Communications that you submit to the System and that any such Communication does not constitute or contain any software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Communication. You agree to indemnify us for all claims arising from your claims to any rights in any Communication.
Xennews does not archive or store any completed binary or decoded files anywhere on its network. All files always exist only as ascii characters on its network. Xennews provides unfiltered Usenet access. Xennews cannot and does not control the content on its service and/or network. You affirm to be at least eighteen years old and not to share your account with anyone, nor post any membership information onto the internet, for example in forums. Your account is for personal use only and may not be used for reseller, caching or any other type of service or caching system. You will comply with all applicable laws regarding your access to the service. This includes copyright legislation. Xennews provides a high quality service on a “as is” and “as available” basis. The service is an online automated interactive information, transaction and communication system. We cannot and do not review the information flowing through or stored on our system. Xennews is not responsible and accountable for information/content that its users post onto its service, or use. You are responsible for the determination of the legal status of any intellectual property you use or duplicate through our service and you shall not use the service to post or transit any illegal and/or copyrighted material. You agree not to violate copyright laws by transferring copyrighted works through our system or by causing them to be transferred or stored without the permission of the copyright holder. Posting of copyrighted materials without the permission of the copyright holder can be grounds for suspension of posting or termination of your account. You waive the right to seek damages with Xennews. Xennews disclaims liability for any harm resulting from using our service. Xennews reserves the right to at its own discretion and without any prior notice and without any reason terminate your account without any reimbursement or refund of money (pre-)paid for its service. I understand that Xennews will not knowingly be an accomplice in the commission of illegal acts. I understand that any use of Xennews services which violate any laws (state or federal) that apply to Xennews will be eradicated upon notice of the offense. No reimbursements or refunds are given under any circumstances. You are responsible for all actions that occur with respect to your account. As a condition of service, you agree to indemnify and hold harmless Xennews, its officers, employees, agents, and shareholders, for any cause of action out of your account with use or your use of the service. This agreement and mentioned policies represents a written binding contract. I have read this Terms of Service agreement carefully and agree fully to it and all information/policies mentioned therefore. By clicking on the “I Agree” button and start using our service you agree to this Terms of Service and policies mentioned.
THIS POLICY IS ENTERED INTO IN THE STATE OF NEW YORK AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, EXCLUSIVE OF ITS CHOICE OF LAW RULES. EACH PARTY TO THIS POLICY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE STATE OF NEW YORK, COUNTY OF NEW YORK, AND WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.