Xigence Media Terms Of Service
When ordering/using services provided by Xigence Media (www.xigencemedia.com) and/or XM Developers (www.xmdevs.com) you agree to the following:
1. ACCEPTANCE OF OUR TERMS OF SERVICE
Xigence Media welcomes all clients with warm hands, when using Xigence Media as your media provider, you agree to follow the Terms Of Service which may be updated from time-to-time with or without notice to you, the client.
2. CLIENT CONDUCT
You, the client, understand that all information, such as data, text, software, music, sound, photographs, video, graphics, messages, tags, or any other kind of content, whether public or private, are sole responsiblity of the person from whom such content originated. Xigence Media does not control the content posted and does not guarantee the quality of the content. Xigence Media, under any circumstances, will not be held liable in any way for any type of content, including but not limited to: errors or commisions in any content, loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available.
You, the client, agree not to use our services to:
a) Upload, post, email, or transmit any content that is harmful, threatening, unlawful, abusive, harassing, vulgar, obscene, invasive of another's privacy, hateful, or racially/ethnically objectionable
b) Harm any person(s) in any way or "stalk" or otherwise harrass another person
c) Impersonate any person, including a Xigence Media staff member, or falsely state or otherwise misrepresent your affiliation with a person
d) Upload, post, email, transmit, or otherwise make available any content that you do not have rights to make available under any law or under fiduciary or contractual reliationsips
e) Upload, post, email, transmit, or otherwise make available any content that infringes any trademark, copyright, patent, trade secret, or other propietary rights of any party
f) Upload, post, email, transmit, or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, corrupt, destory, or limit the functionality of any computer software, hardware, or telecommunications equipment
g) Intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to: regulations promulagted by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation; the New York Stock Exchange, the American Stock Exchange or the NASDAQ, or any regulations having the force of law
h) Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", or any other form of soliciation, except in those areas that are designated for such purpose (such as shopping)
i) Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act
Xigence Media has the right to request the removal of any content that violates our Terms Of Service or is otherwise objectionable.
3. SHARING AND DISCLOSURE OF INFORMATIONAL COLLECTION
Xigence Media will never disclose personal information to any third party unless we believe that disclosure is necessary: 1.) to conform to legal requirements or to respond to a search warrant or other legal process received by Xigence Media, whether or not a response is required by applicable law; 2.) to enforce the Xigence Media Terms of Service or to protect our rights; or 3.) to protect the safety of members of the public and users of the service. Xigence Media reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Xigence Media or substantially all of its assets to that successor in interest. For more information see the "Changes in our Terms Of Service" section below.
4. CHANGES IN OUR TERMS OF SERVICE
From time-to-time we may make changes to our Terms Of Service. If any changes are made, we will post them in our "main content" section on our website to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it. A user is bound by any minor changes to the policy when she or he uses the site after those changes have been posted.
5. INDEMNITY (PROTECTION AGAINST FUTURE LOSS)
You agree to indemnify (secure against future loss, damage, or liability) and hold Xigence Media and its affiliates, employees, partners, agents, subsidiaries, and licensors harmless from any claim or demand, including resonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, or otherwise make available through the service, your connection to the service, your violation of the Terms Of Service, or your violation of any rights of another.
6. NO RESELLING OF OUR SERVICES
You, the client, agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any purposes, any portion of the service, use of the service, or access to the service.
7. DISCLAIMER OF ANY WARRANTIES
You express that you understand and agree that:
a) Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Xigence Media and its affiliates, partners, and employees expressly disclaim all warranties of any kind whether express or imlied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement
b) Xigence Media and its affiliates, partners, and employees make no warranty that the service will meet your requirements, the service will be uninterrupted, timely, secure, or error-free. The results that may be obtained from the use of the service will be accurate or reliable and the quality of any services purchased or obtained by you through Xigence Media will meet your expectations.
c) Any material downloaded through the use of our service is accessed at your own discretion, you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material.
d) No advice or information, whether verbally said or written, obtained by you from Xigence Media or from any other service shall create any warranty not expressly stated in the Terms of Service.
e) A small percentage of users may experience epileptic seizures when exposed to certain backgrounds or light patterns on a computer screen. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures. If you, or anyone in your family, has this condition, consult your physician prior to using the service.
8. TRADEMARK INFORMATION
The Xigence Media logo, product, and service names are trademarks of Xigence Media. Without prior permission, you agree not to display or use in any manner the Xigence Media marks.
9. PAYMENTS
Xigence Media requires the full payment to be made for projects $100 or over. Any client with a project being done for under $100 will make a down payment of half the price at the beginning of the project and the last half at the end of the project. No PayPal disputes should be opened against Xigence Media for any reason. For some reason if one is opened, we will forward our Terms of Service to PayPal and the dispute will be closed immediately. Xigence Media does not offer refunds to any clients unless a staff member makes the decision to refund a client. After your website has been complete and the full payment has been sent, Xigence Media will not offer refunds what-so-ever.
10. VIOLATIONS
Please report any violations of the Terms of Service to any employee of Xigence Media immediately or use our contact form to send an email to us about the violation.
11. INFORMATION REGARDING PREMIUM TEMPLATES
When previewing premium templates provided by Xigence Media on the templates page, illustrations may slightly differ from the fully coded version that you, the client, will receive.
12. PROMOTIONS
Xigence Media offers promotions to our clients nearly every month. Some promotions may not be available to all organizations and/or clients. Promotions are only available to those that properly use the correct form when requesting a quote from Xigence Media or if mentioned with one of our staff members. Xigence Media reserves the right to cancel a promotion at any time. Xigence Media also reserves the right to disallow promotions to any of our select clients.
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Client Testimonial:
"My experiences with
Xigence Media has been
very fulfilling, being
treated with courteous respect, constant updates on website progress. If I ever need another site, they will definitely be my number 1 choice, low prices, great support, fast project times, what else could I ask for." - Kevin Seto, Sales