PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. This Site may contain mature information and should not be used by individuals under the age of 18 without parental or guardian supervision. Xcribe does not promote the Site or goods/services to individuals under the age of 18. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEB SITE.
Xcribe Media ("Xcribe" or “we”) may revise and update these Terms and Conditions at any time. Your continued usage of the Xcribe web site (“Site”) will mean you accept those changes.
DISCLAIMERS
The content provided on this Site is for informational and/or entertainment purposes only. This Site is provided for your use on an “as is,” “as available” basis. We, along with our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, do not make any representations or warranties of any kind, express or implied, with respect to our Site or its content, including, without limitation, the reliability, truthfulness, accuracy or completeness of any content and the uninterrupted or error-free use of our Site. Unless otherwise stated expressly, any opinion, view or idea expressed, or any content contributed or published by visitors to this Site is the author’s own and does not reflect the views of Xcribe or its affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like. We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose, TITLE and non-infringement to the fullest extent permitted by law. We do not warrant that our Site or files available on our Site will be free from corrupted data, computer viruses or similar destructive or contaminating code. Neither Xcribe, its affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, are liable to any person or entity whatsoever for any loss, damage, injury, liability, claim or any other cause of action of any kind arising from the use, dissemination of or reliance on any content provided on this Site. Your use of this Site is expressly at your own risk.
USE OF THE SITE
Subject to your compliance with these Terms and Conditions, Xcribe grants to you a personal, non-exclusive, non-assignable and non-transferable license to use the Site (and the underlying software for the sole purpose of using this Site) from a single computer and to use the Site solely as permitted under these Terms and Conditions. In using the Site, you agree to abide by these Terms and Conditions, as amended from time to time.
If you become a registered user of the Site, you will register under your true name and acknowledge that it is illegal to use the Site under a false name or registration number. You will maintain the security of your registration ID and password and other non-public personal or confidential information you provide to Xcribe through the Site. As a registered user of the Site, you also agree to update all information you provide through this Site, so that such information shall at all times be accurate and complete in all material respects. Whether or not you are a registered user, it is a violation of the Terms and Conditions if you impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. It is also a violation of these Terms and Conditions for anyone to disclose through the use of this Site any non-public personal information of any third party without the express permission of such third party or to permit any third party access to the Site through use of your registration number or account. You shall not deliberately or knowingly transmit over or through the Site any information, data or property, such as a virus, bug, worm, or Trojan horse, that could be disruptive to the Site or to the systems of Xcribe or any third party that accesses the Site. At no time shall you use the Site in any illegal or otherwise proscribed manner.
USE OF LINKED SITES
The links to other web sites are provided only as a convenience to you and do not constitute any endorsement of the linked web sites or of any information, services or products that are provided or offered by the linked web sites. You agree that you use any linked web sites entirely at your own risk. you are encouraged to review the terms and conditions of the linked web sites as you may be subject to such terms and conditions. Because some web sites employ automated search results or otherwise link you to web sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party web sites, and you hereby irrevocably waive any claim against Xcribe with respect to such web sites. Further, we explicitly disclaim any responsibility for any product or services or the accuracy, content, or availability of information found on other web sites that contain links to our Site.
VISITOR CONTENT
You grant Xcribe a perpetual, royalty free license to publish, reproduce, disseminate, exhibit or otherwise distribute and use the content you provide to this Site in all media now known or hereafter devised. By submitting content to the Site, you agree to represent and warrant that such content shall not contain any libelous, defamatory, obscene, illegal, threatening or abusive materials and shall not infringe any intellectual property right or any other right of any person or entity and shall not breach any law.
In order to provide a safe and enjoyable community, Xcribe requires that you refrain from using vulgarity, from promoting intolerance or discrimination, from insulting or making personal attacks against any individual, from harassing any individual, and from making inflammatory comments. Xcribe reserves the right to monitor the use of the Site and any posted materials and to remove any content and block access to any visitor for any reason at its sole discretion; however, Xcribe is under no obligation to do so.
If you believe any content on this Site is inaccurate or defamatory, please relay any concerns you may have to our customer service department at service@xcribe.com.
Xcribe may, but is under no obligation, to investigate the complaints or to take any action that it believes is appropriate including, but not limited to, issuing warnings, removing the content or blocking access to the Site. UNDER NO CIRCUMSTANCES SHALL XCRIBE BE LIABLE IN ANY WAY FOR ANY CONTENT PUBLISHED BY ANY VISITOR TO THE SITE REGARDLESS OF WHETHER OR NOT THE CONTENT IS INACCURATE OR DEFAMATORY.
VALIDITY OF CONTENT
This Site is an online open-content collaborative informational resource. This Site allows anyone to alter its content. Nothing in this Site has necessarily been reviewed by people with knowledge to provide you with complete, accurate or reliable information. Xcribe cannot guarantee the validity of the information found here. NEITHER XCRIBE, ITS affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE OR DEFAMATORY INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN THIS SITE. You are advised to take all steps necessary to ascertain that any information you receive on this Site is correct and has been verified. If any content contains disparaging information regarding any individual or entity, you must remember that anyone can post such information on this Site. DO NOT RELY UPON ANY INFORMATION FOUND ON THIS SITE WITHOUT INDEPENDENT VERIFICATION.
DELETION OF CONTENT
Removing text from this Site may not permanently delete the content. It is possible that visitors can look at previous versions and see what was there. Information on this Site can only be permanently deleted by those people with access to the servers; however, there is no guarantee that Xcribe will delete any content, except in response to legal action.
INTELLECTUAL PROPERTY
Xcribe owns and operates this Site and the information available on it. All content including, but not limited to, text, graphics, logos, buttons, icons, and images are the property of Xcribe, its licensors, or its content suppliers and is protected by U.S. and international copyright and trademark laws. The compilation (collection, arrangement, and assembly) of all content on this Site is the exclusive property of Xcribe and is protected by U.S. and international copyright laws. All software used on this Site is the property of Xcribe or its suppliers and is protected by U.S. and international copyrights laws. You agree not to decompile, disassemble, reverse engineer or otherwise attempt to misappropriate any software (including but not limited to source code) contained in or used with this Site. You agree not to reproduce, redistribute, publicly display, create any derivative work from, or commercially exploit, any such information, or link to or from, adapt or alter the Site in any manner, without prior written consent of Xcribe or the applicable content provider. Furthermore, the names, trademarks, service marks, and logos used on this Site are the property of Xcribe, its affiliates, content providers, and/or vendors, and you agree not to use any such name, mark or logo in any advertising or publicity, or otherwise to indicate the sponsorship of or affiliation with any product or service, without prior written consent of the owner of such name, mark or logo. In addition, you may not remove or alter, or cause to be removed or altered, any copyright, trade name, trademark, service mark, logo or any other proprietary notice or legend appearing on this Site.
Due to the open nature of this Site, it is possible that visitors may post content that infringes the intellectual property rights of third parties. If you are aware of any infringing content, please notify Xcribe at service@xcribe.com. Xcribe shall respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws.
INDEMNIFICATION
By visiting and using the Site, you signify your agreement to hold Xcribe, its affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, harmless from any and all damages, legal actions or causes of action that may now or hereinafter arise as a result of your use of the Site and your breach of these Terms and Conditions and/or any representations and warranties related to the content.
LIMITATION OF LIABILITY
Except as specifically stated on this site, neither Xcribe nor any of its affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, will be liable for any damages arising out of or in connection with the use of this Site. This is a comprehensive limitation of liability that applies to all damages of any kind including, but not limited to, compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss or damages to property, and claims of third parties. Xcribe's liability to you shall in no event exceed the amount of your cost, if any, of membership.
APPLICABLE LAW; JURISDICTION AND VENUE
Xcribe makes no representation that the content on the Site is appropriate, legal or available for use in other locations outside the United States. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the Site or the content shall be governed by the internal laws of the state of California, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Los Angeles, California.
PRIVACY
Use of this Site is also governed by our Privacy Notice, which is incorporated into this Agreement by this reference.
TERMS AND CONDITIONS CHANGES
If Xcribe makes changes to any of the Terms and Conditions, the changes will be posted in this document so that you will always know what changes have been made. We reserve the right to change, modify, add or remove portions of the Terms and Conditions at any time, and any changes will become effective immediately upon being posted unless Xcribe advises you otherwise. Your continued use of the services and/or the Site after the Terms and Conditions have been amended shall be deemed to be your continued acceptance of the Terms and Conditions, as amended. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Site.
Please contact our customer service department at service@xcribe.com if you have any questions regarding these Terms and Conditions.
These Terms and Conditions were created on March 19, 2008 and last modified on March 19, 2008.
