Xiant Terms of Use

Except as otherwise provided in a written agreement signed by Vulcan Technologies LLC dba Xiant ("Xiant"), these Terms of Use represent the entire understanding between you and Xiant regarding your use of www.xiant.com (the "Site") and your submission of any materials to us. Xiant is providing you access to the Site subject to these Terms of Use and the Xiant Privacy Policy. By accessing the Site, sending information through the Site, or registering to post on any forums available through the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.

Xiant reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. We will post any changes to these Terms of Use on this page so you can readily review the current version. We will alert you that changes have been made by indicating on the bottom of the Terms of Use the date it was last updated. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

Forums, Registration and Password
Xiant makes available forums for discussion and support about Xiant products. The forums are a place to exchange information, obtain technical support, provide suggestions and share experiences with other users. You do not need to register in order to access our forums but registration is required to post on the forums. Only one account is allowed per individual. When you register to use the forums, you will be required to provide your name and email address in order to create a password protected user account. When setting up an account, you agree to provide Xiant with complete, accurate and current information about yourself and to update such information as necessary to ensure that it remains complete, accurate and current. You agree to safeguard your password, and are solely responsible for any use or misuse of your user name and/or password. You will immediately notify Xiant of any unauthorized use of your password. You may not use a user name or email address that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that Xiant rejects for any other reason at its sole discretion. Xiant reserves the right to suspend or terminate your account and your use of the Site for any reason at any time in its sole discretion, including if it has any basis to believe that your registration information is incomplete or inaccurate. If you violate any of these Terms of Use, your permission to use the forums and the Site automatically terminates, and Xiant may also pursue any other available legal remedy against you. Xiant reserves the right to deactivate accounts that are inactive for an extended period of time.

Personal and Non-Commercial Use Only
Unless otherwise specified in writing by Xiant, the Site, all forums and any information, graphics, text, messages and other materials made available through the site are available for your personal and non-commercial use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained through this Site. You agree that Xiant may establish general practices and limits concerning use of the Site. You agree that Xiant has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site.

User Content
As a registered user of the forums, you may post, upload, transmit or otherwise make available ("Transmit") information, content, questions, material, software, suggestions, reviews, or comments (collectively "Content"). You agree your Content will not violate any of these Terms of Use. Xiant has no obligation to pre-screen or monitor your access to or use of this Site, the Content you post or any materials made available through this Site, but has the right to do so for the purpose of operating this Site to ensure compliance with these Terms of Use. Xiant may, in its sole discretion, remove or delete any Content that violates these Terms of Use or that is otherwise objectionable. Xiant takes no responsibility and assumes no liability for Content posted by you or any third party. By posting Content on the Site, you warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content. Xiant reserves the right at all times to edit, refuse to post or remove any information or materials, in whole or in part, in Xiant's sole discretion. Content Transmitted to the Site may be subject to posted limitations on usage, reproduction and/or dissemination. You agree to adhere to such limitations.

Any Content you share on a Forum becomes public information and can be seen and used by any users of the Site. You agree not to post any Content or otherwise send Xiant any requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be personal, confidential or proprietary. All Content, including any requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to Xiant, through the Site either using the forums or otherwise will not be treated as confidential or proprietary and Xiant will have no nondisclosure obligations or use prohibitions related to such information. Whenever you post to a forum, your user name and a link to your profile and online status, will appear to other registered users. Your profile may display historical information such as "joined", "last visit" or number of posts.

By posting, uploading, inputting, providing or submitting Content you grant Xiant, its affiliates and necessary sublicensees permission to use the Content including without limitation the license rights to display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Content in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else. Xiant reserves the right to reject any Content or request for information and to bar any user from the Site, for any reason, in Xiant's sole discretion.

No Unlawful or Prohibited Use
You warrant that you will not use the Site or any materials, software, content or information obtained from the Site for any purpose that is unlawful or prohibited by these Terms of Use. Without limitation, you agree not to: (i) use the Site in any manner that could damage, disable, overburden or impair any Xiant server or the network(s) connected to any Xiant server, or interfere with any other party's use and enjoyment of the Site; (ii) attempt to gain unauthorized access to any materials or information through any means not intentionally made available through the Site, including without limitation through hacking or any other means; (iii) Transmit Content that is illegal, obscene, threatening, defamatory, invasive of privacy, harmful, abusive, harassing, defamatory, pornographic, offensive, or promotes bigotry or racism; (iv) falsely state or otherwise misrepresent your identity or affiliation with a person or entity; (v) disguise the origin of any Content transmitted through the Site; (vi) Transmit any Content that infringes another's intellectual property rights; (vii) Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, or political campaigning; (viii) Transmit any Content 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 or interfere with or disrupt this Site or any servers or networks connected to the Site; (ix) reverse engineer, decompile or disassemble any of the software used to provide the Site; or (x) obtain, collect, store or modify the personal information about other users.

Support Emails
If you require support for Xiant's products, you may opt to create an account and post your support question on our forums or you may send a product question to Xiant Support. If you choose to send Xiant a support question via email, you agree that the content of such email is Submission Information as defined in Xiant's Privacy Policy. You further agree that Xiant may, in its discretion, post the content of any support question sent via email (without identifying information about the sender), and the response on the forum board so that other users of Xiant's products may benefit from the support information provided.

Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein. Xiant controls and operates this Site from its headquarters in the United States of America and makes no representations that the Site is appropriate or available for use in other locations. If you use this Site from outside of the United States of America, you are entirely responsible for compliance with local laws. Unless otherwise explicitly stated, all information or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.

Disclaimer
ANY USE OF THE SITE IS AT YOUR OWN SOLE RISK. THE SITE AND ALL CONTENT CONTAINED WITHIN THE SITE IS PROVIDED ON AN "AS-IS" BASIS. XIANT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, XIANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, XIANT DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XIANT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN. YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD, EMAIL OR OTHERWISE POST USING THE SITE.

Limitation of Liability
IN NO EVENT SHALL XIANT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF XIANT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XIANT'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.

Release
You release and discharge Xiant, its affiliates and their respective officers, directors, shareholders, employees and agents from and against all claims, damages, losses, liabilities, costs and expenses of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, related to, or arising out of your use of the Site. You knowingly and voluntarily waive any protection that you might have under Section 1542 of the California Civil Code as well as any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.

Indemnity
You will indemnify, defend and hold harmless Xiant, its subsidiaries and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or any violation of these terms.

User-Posted Content; Links
User-posted content and information does not represent the advice, views, opinions or beliefs of Xiant and Xiant makes no claim of accuracy of such content. The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than Xiant. Xiant provides these links solely as a convenience. The appearance of a link does not imply Xiant's endorsement, nor is Xiant responsible for the content on any linked site. These Terms of Use and the Privacy Policy are applicable only when you are on the Site. Once you choose to link to another website, you will be bound by the terms of use and privacy statement applicable to such website. YOU ACCESS LINKED SITES AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL XIANT BE LIABLE IN ANY WAY FOR ANY ASPECT OF THE LINKED SITE, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.

Eligibility
The Site is not intended for use by anyone under 18. You represent that you are 18 years or older.

General Proprietary Rights
All website designs, text, graphics, interfaces and the selection and arrangement thereof, on the Site are copyrighted works of Xiant or Xiant's content suppliers and licensors, and are protected by U.S. and international copyright laws. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use, reproduction or distribution of the designs, text, code, graphics, interfaces or other copyright protected works (whether marked as such or not) appearing on the Site is in violation of copyright, trademark, and other applicable laws and may result in severe criminal penalties and/or civil fines.

Trademarks
"Xiant," "Xiant Filer," "Xiant Workspace," and all logos, designs and symbols associated with such terms are trademarks of Xiant and/or its affiliates. They may not be used in connection with any product or service other than those offered by Xiant or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Xiant or its affiliates. All other trademarks are the property of their respective owners.

Digital Millennium Copyright Act ("DMCA") Notice
Xiant respects the intellectual property rights of others and is committed to complying with U.S. Copyright laws. Xiant's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). The DMCA provides resources for owners of copyrighted material who believe their rights under U.S. Copyright law have been infringed on the Internet. If you believe your work has been copied and is accessible on the Site in a way that may constitute copyright infringement, please provide notice to Xiant's Designated Agent, listed below. The notice must include the following information as provided by the DMCA, 17 U.S.C. 512(c)(3):
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;


  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copy works at a single online site are covered by a single notification, a representative list of such works at that site;


  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;


  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;


  5. 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;


  6. 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.
Xiant's Designated Agent for receiving notices of copyright infringement may be reached at the following:

Copyright Agent for Claims, Legal Department
Vulcan Technologies LLC dba Xiant
505 Fifth Ave. S, Suite 900
Seattle, WA 98104
Telephone: (206) 342-2000
Fax: (206) 342-3000
Email: Xiant Legal

Applicable Law
Xiant operates the Site from Seattle, Washington, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Washington without reference to its conflict of law provisions.

Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described herein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

JURY TRIAL WAIVER
YOU AND XIANT WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND XIANT.

CLASS ACTION WAIVER.
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND XIANT MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.

Termination
These Terms of Use shall remain in force until terminated by Xiant. Xiant may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that Xiant, in its sole discretion, determines to be disruptive or in violation of any applicable law or these Terms of Use. The provisions included herein regarding disclaimers, limitations of liabilities, submissions, intellectual property rights, choice of law, and venue shall survive the termination of these Terms of Use.

Miscellaneous
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Xiant may assign these terms of use at any time. All rights not expressly granted herein are reserved.


Last updated June 2, 2009
     


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