Terms of Service

Terms of Service

This is a binding legal contract that applies to anyone who visits the website x1.com (“Site”) and/or uses any of our products and services (“Services”).  If you do not agree to all of these terms, please do not use the Site or the Services.  By accessing the Site or using any Services, you are agreeing to be bound by the Agreement, as defined below.   


OUR AGREEMENT

In addition to these Terms, your agreement with X1 Discovery, Inc. (“X1”) also includes the specific additional terms that apply to any Services you use.  Throughout the Site and in all of our documentation, whenever we refer to the “Agreement” we mean these Terms and the applicable additional terms, which include:

 

 End User License Agreement: Use of our Services is subject to an End User License Agreement, located at x1.com/eula.  

 Privacy Policy.  Use of our Site and Product is subject to our Privacy Policy, located  at x1.com/privacy.


CHANGES

We are constantly developing our Site and Services.  This means that we may change or discontinue either or both without notice or liability to you.   In addition, we may change all or part of the Agreement at any time, including these Terms.   We may make changes by posting the changed terms on the Site.  Your continued use of the Site and/or our Services will constitute acceptance of the changed terms. 


THIRD PARTY CONTENT LINKS

 X1 provides Services that allow you to view content on third party Services.  X1 is not a content provider and does not control the content or websites of such third party Services.  You acknowledge and agree that any third-party products or services are not the responsibility of X1 and are subject to the terms of such third-party at its sole discretion.  Furthermore, you acknowledge and agree that nothing herein is a grant of license to (i) the third-party products or services; (ii) any products, processes or technology described in or offered by the third-party products or services; or (iii) any copyright, trademark, patent or other intellectual property right in the third-party third-party products or services.  We disclaim any responsibility for any harm resulting with respect to viewing or using of any third party content or third-party products or services.


THINGS YOU CANNOT DO 

 

4.1.      Give false or misleading information to us or anyone else in connection with your use of the Site or the Services, including giving false information in your account registration.  You are entirely responsible for all content that you upload, post or otherwise transmit via the Site.

4.2.      Upload, post or otherwise transmit via the Site any content that: (i) is harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to Evolution or other users of the Site; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) 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. Evolution reserves the right to edit or remove content that violates this Agreement.

4.3.      Do anything that smacks of bad online citizenship, such as use our Services for spam or attempt to reverse engineer or hack into our systems.

4.4.      Access or scrape the Site or the Services by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; or bypass any technical protections or throttling that we institute. 

4.5.      Copy, modify, create derivative works from or distribute any content from the Site (whether the content has been posted by us or a third party); copy, display or use our trademarks in any way; or use the Site for any purpose not explicitly authorized in the Agreement. 

4.6.      Link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method, or present or redistribute content from the Product, except as provided authorized by X1.

4.7.      Reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the content we make available except through the X1 API.

4.8.      Anything we ask you not to do.


THIRD PARTY SERVICES 

X1 may offer its Services through applications using other platforms (“X1 Applications”), such as smart phone applications and other interactive plugins.  If you use an X1 Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing X1 plugins that load in your browser may be communicated to us.  You acknowledge you are responsible for all charges and necessary permissions related to accessing X1 through your mobile access provider.  X1 Applications may also offer to display content provided by other third-party party products and services (a) through APIs, “feeds” or other mechanisms provided by such third-party party products and services, or (b) by accessing your accounts with such third-party party products and services as authorized by you during your use of the Services (“User Content”).  As to User Content we receive by accessing your accounts with third parties, you hereby authorize X1 to access your account for the purpose of obtaining and Using such User Content, and to the extent that we need your direct consent or license to Use User Content provided directly by third parties to all User Content we receive by accessing your third-party accounts, you hereby grant X1 a perpetual, irrevocable worldwide royalty-free right and license to “Use” all User Content. “Use” means the exercise of all rights, including any copyright, trademark, patent, publicity or other rights, needed or beneficial for X1 and its affiliates to operate and/or promote the Services, including any rights needed to sublicense, access, obtain, host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of the User Content, in any media known now or in the future, including by not limited to the Product as it operates across X1’s and X1’s affiliates’ myriad distribution platforms. “Publisher” means a third party with whom X1 has an agreement to allow the display of User Content.


THIRD PARTY TRADEMARKS AND CONTENT

Use of any third party trademark or third party content on the Site does not constitute affiliation with or endorsement these third parties.  Aside from any explicit grants in the Agreement, nothing in the Agreement grants you any license to third party trademarks or content.   All trademarks are the property of their respective owners.


X1's RIGHTS 

X1 retains all right, title and interest in the Site, the Services, including all technology and processes, enhancements or modifications thereto, trademarks, Product marks, logos, site design, text, graphics, logos, images and icons, as well as the arrangement thereof. You agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information, or materials in any way whatsoever except for permitted uses of the Services.   Except for rights expressly granted in the Agreement, nothing in the Agreement grants you any right, title or license. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensee.

8.     INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY 

8.1.   You will indemnify, defend, and hold harmless X1, its affiliates, officers, directors,  shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to the Site and the Services and any failure to comply with this Agreement. X1 reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

8.2.      X1 PROVIDES THIS SITE AND THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. X1 SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SERVICES.  X1 MAKES NO WARRANTY THAT THE SITE OR PRODUCT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES X1 MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM X1 SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES AND COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

8.3.        IN NO EVENT WHATSOEVER SHALL X1, ITS AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE OR THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. X1 NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE OR THE SERVICES. If, notwithstanding the other provisions of these Terms of Use, X1 is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any PRODUCT, X1’s liability shall in no event exceed the greater of (1) the total of any fees paid BY YOU TO X1 in the six months prior to the date THE CLAIM IS ASSERTED FOR ANY PRODUCT or feature on the Site RELEVANT to the CLAIM, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.  X1'S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.  SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.


9.      MISCELLANEOUS 

9.1.      We do not want to receive information that is confidential or proprietary.  If you send us suggestions, content or ideas of any kind, including potential improvements to the Site and/or Services, we may use such suggestions, content and/or ideas for any or all purposes, with no compensation or attribution to you.

9.2.      This Agreement will not be construed against either party as the drafter. 

9.3.      In the Agreement, the word “including” always means “including but not limited to” unless a particular sentence says otherwise.

9.4.      You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Site and the Services.

9.5.      As stated above, the Agreement includes the Terms and any additional terms you enter into.  The Agreement is the entire agreement between you and X1 and it replaces any other agreement between us on this subject.  Aside from our right to make changes, any amendments to the Agreement must be in a writing signed by both parties.

9.6.      You cannot assign the Agreement without our written agreement.  We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement.

9.7.      The Agreement is governed by California law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Agreement, our Site or our Services shall be the courts of Los Angeles County, California, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction.

9.8.      If any part of the Agreement is invalid, illegal or unenforceable, that condition will not affect any other provision of the Agreement.  A delay or failure to require performance of any provision will not constitute a waiver of any rights and will not impede the ability to enforce that provision later.  The Agreement is the entire integrated agreement between you and X1 Discovery, Inc. on this subject matter. 

 

X1 Discovery, Inc., 130 W. Union Street, Pasadena, CA 91103 

Last Updated: June 2012

 

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