XOOPIT TERMS OF USE
This Terms of Use was last revised on January 4, 2008.
Welcome to the Xoopit website. Xoopit helps its users keep track of their emails, photos, videos and attachments in a new way. Users of Xoopit can see and share items found in their email, no matter where on the Internet they came from, all in one spot, Xoopit.
By using www.xoopit.com and related services (the "Site") or clicking on the "Sign up" button, you ("User" or "you") agree to these Terms of Use ("Terms") and the Xoopit Privacy Policy available on the Site. If you do not agree, you do not have permission to use the Site. You agree that these Terms of Use and the Site are subject to change and that Xoopit may change its Terms at any time. Because any changes to the Terms will be effective when posted, we recommend that you periodically check the Site for changes.
Registration
We invite you to register at the Site. If you do not register, you cannot use all of the services offered by the Site. If you register, you agree to provide true, accurate and complete information about yourself, except that you may not want to use your full, actual name for your username. You also agree to update registration information you provide to maintain its truth, accuracy and completeness.
Your Password
If you register, you will be asked to provide a password, which shall be the same password as that of the email account associated with the Site (the "Email Account"). You should keep your password secure and secret. You agree that you are solely liable and legally responsible for all actions taken via your password, whether or not made with your knowledge or authority. We employ industry standard encryption methods to protect your password. If you suspect that someone may have obtained your password, you should change your password.
OUR SERVICE
If you register and provide us with the address and password of the Email Account, you agree that we may access the Email Account in association with services provided by the Site (the "Services"). You also acknowledge and agree that we may from time to time, as necessary, take certain actions in the Email Account in order to enable the Services to function. These actions may include, but are not limited to allowing IMAP.
Acceptable Use
Xoopit hereby grants you the right to access and use the Site to upload, post, and/or distribute information, text, data, photos, audio, video, images, graphics, links, logos, votes, and other content or materials ("Materials") in accordance with these Terms.
All content of the Site, which may include without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content associated technology and software, and the look and feel of the Site (collectively "Content"), are the proprietary property of Xoopit, which is owned by Xoopit or its licensors (including other Users). Any rights to Content not expressly granted to you herein are reserved by Xoopit. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to reproduce, modify, copy, frame, reproduce, display, transmit, distribute, publish, sell, or otherwise commercially exploit the Site and/or Content in any form or by any means, in whole or in part, without express written permission from Xoopit, and any such use is strictly prohibited, except in regards to you own Materials posted on the Site in accordance with the Terms or as expressly allowed in these Terms. Except as expressly provided herein or otherwise agreed in writing by Xoopit, you may not (a) frame or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, Content or Materials displayed on the Site or (b) alter or modify any Content on the Site.
The Site may allow you to upload, post, and/or distribute Materials, use the Site, view, copy or download Content and Materials for your personal, non-commercial use, subject to the following conditions:
a. You understand that all your Materials and the consequences of such posting Materials are your sole responsibility and are subject to the Terms and the Xoopit Privacy Policy.
b. You understand that by using the Site you may be exposed to Materials that are offensive, objectionable or indecent. Xoopit may, but is not obligated to, preview or review any Materials and, in its sole discretion, block or remove without notice Materials that violate the Terms or are otherwise objectionable from the Site. However, failure to block or remove any Materials is not an endorsement, warranty, representation, or guarantee regarding such Materials.
c. You represent and warrant that your Materials do not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.
You retain copyright and any other rights you already hold in Materials which you submit, post or display on or through the Site. By posting, uploading or otherwise distributing your Materials on the Site, you explicitly consent that any Users of the Site (for Materials posted in public areas) and that Users you have invited to view your Materials (and their invitees) may access, display, view, store, and/or download such Materials, and post or forward such Materials to others who may or may not be registered users of the Site and you hereby grant (and represent and warrant that you have all necessary rights to grant) to Xoopit a perpetual, sublicenseable, transferable, world-wide, non-exclusive, royalty free, license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, display, or perform such Materials in connection with the Site. You may revoke this license in regard to the right to display your Materials by removing your Materials from the Site. If you provide your email address at the Site, we may use your email address to contact you and notify you of any Site news.
d. You agree that Xoopit has no liability or responsibility for the storage or deletion of any Materials that you submit or post or emails you send through the Site.
e. You also agree not to (or attempt to):
- "stalk" or otherwise harass anyone;
- upload, distribute, or otherwise publish any Materials to or through the Site that contain viruses or other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
- post, upload, or distribute any Materials that constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement.
- post, upload or otherwise distribute any private, personally identifiable, financial, voting, confidential, or proprietary information of another individual or entity without their written express permission;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Site, unless expressly permitted by Xoopit;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post or distribute any Materials to areas of the Site that other Users can view which, in Xoopit 's sole determination, are indecent, libelous, defamatory, obscene, profane (or partially obscured profanity), harmful of minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, otherwise objectionable, contain expressions of hatred, bigotry, racism or pornography, or would constitute or encourage a criminal offense or other illegal activity, violate the rights of any party or any law;
- attempt to gain unauthorized access to Xoopit's computer systems or engage in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of the Site;
- create multiple user accounts by automated means or under false or fraudulent pretenses;
- remove or obscure any copyright or other proprietary notices from the Content;
- republish Content on any Internet, Intranet or Extranet Site or incorporate the Content in any other database or compilation (except for your Materials);
- sell, reproduce, distribute, modify, display, prepare derivative works based on, or otherwise make unauthorized use of any Content, which is protected by trademarks, copyrights, trade dress or other intellectual property rights; or
- access, use, modify, copy, reverse engineer, or otherwise derive the source code of any software associated with the Site.
Intellectual Property
The intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the Content and/or the Site itself are owned or licensed by Xoopit. Except as expressly provided herein, neither Xoopit nor its licensors confers upon you by implication, estoppel, or otherwise, any license or right under any such intellectual property. No intellectual property ownership rights are or will be assigned to you. You agree not to infringe or challenge any of the intellectual property rights associated with Content and/or Site.
Xoopit reserves the right to block, disable, or otherwise remove any Materials from Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement or for any other reason.
If you believe that any Content or Materials on the Site infringe your copyrights, contact Xoopit's copyright agent, who can be reached by mail at: Copyright Issues, Xoopit, Inc.,2711 18th St, Suite 21, San Francisco CA 94110; or email at copyright@Xoopit.com.
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works;
c. 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 us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
e. A statement that the signing have 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; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Indemnity
You agree to indemnify, defend, and hold Xoopit and its respective officers, directors, employees, agents, representatives, and affiliates and (collectively, "Affiliates") harmless from any claim, action, or demand, and associated costs and expenses (including reasonable attorneys fees) arising out of your (or anyone using your password) Materials; use of the Site; interaction with causes, companies or organizations that advertise or solicit donations on the Site; violation of these Terms; or violation of any third party's intellectual property, privacy or other rights.
Disclaimers of Warranties
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN THE TERMS, THE SITE (INCLUDING WITHOUT LIMITATION, ALL CONTENT, MATERIALS (AND MATERIAL LINKED THERETO), ADVERTISEMENTS, LINKS, AND EMAILS) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. Xoopit does not guarantee or warranty the accuracy, legality, appropriateness, truthfulness, or other qualities of any Materials or the related products, equipment, or services. XOOPIT HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW: ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; AND OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO: UNINTERRUPTED USE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE.
Assumptions of Risks
Your interactions with Users or other third parties are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Xoopit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users of this Site, or between a User and any third party, you understand and agree that Xoopit is under no obligation to become involved and is not subject to any liability.
Liability Limitation
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER XOOPIT, NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY, LOSS OF DATA, DELETION OR FAILURE TO STORE EMAIL MESSAGES, DAMAGE TO USER COMPUTER SYSTEMS) WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE SITE (AND YOUR USE OF, OR INABILITY TO USE, THE SITE); THE MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR YOUR ACCESS TO IT; OR ANY BREACH OF THESE TERMS, EVEN IF XOOPIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY. Any claims arising from the Site must be brought within one year of the date on which liability arose. NEITHER XOOPIT NOR ITS AFFILIATES ARE RESPONSIBLE FOR ANY VIOLATION OF THE PRIVACY OR OTHER RIGHTS OF ANY THIRD PARTY DUE TO POSTING OF VOTING INFORMATION, WHICH IS THE SOLE RESPONSIBILITY OF THE USER POSTING SUCH INFORMATION.
Links
Xoopit and Site Users may provide links to third party websites (including advertisers and others) on the Site. Third parties are not under the control of Xoopit and Xoopit is not responsible for their content or conduct. If you access a third party website from the Site, you do so at your own risk. Xoopit provides links as a convenience and the inclusion of the link does not indicate or imply that Xoopit endorses, represents, warrants, or accepts any responsibility for the content on third-party websites. Additionally, your dealings with or participation in offers or solicitations from third parties found on the Site, including delivery and any other terms (such as warranties, guarantees, etc.) are solely between you and such third parties. You agree that Xoopit shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
International Use
This Site is controlled and operated from within the United States. Xoopit makes no representation that the Site is appropriate or available in locations outside the United States. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with applicable laws.
Entire Agreement
The Terms and Privacy Policy, as amended from time to time, constitute the entire agreement between you and Xoopit. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We reserve the right, at its discretion, to modify these Terms at any time. Changes to these Terms will be posted on the Site or sent to you via e-mail. All changes are effective upon posting to the Site. Your continued use of the Site following a posting of changes is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must discontinue use of the Site. Xoopit reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site, including for any violation of any provision of these Terms. Xoopit also reserves the right to change the Site without notice to you, at any time.
General
If you are registering on the Site as a business entity, you represent that you have the authority to bind the entity to this Agreement. These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Site shall be litigated or otherwise heard in the appropriate court located in Alameda County, California and the parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in that county. Xoopit may assign any of its rights or obligations under the Terms to another party without notice or consent for any reason. You and Xoopit are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
Termination
Xoopit may terminate your access to all or a portion of the Site if you have not logged in to your account for a period greater than ninety (90) days. Furthermore, Xoopit reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms, and/or your access to all or a portion of the Site and/or remove any registration information or Materials from the Site, for any reason (including if you breach of any of the provisions of the Terms or if it ceases to offer the Site). Upon termination or expiration of the Terms, your obligations and Xoopit's rights and disclaimers survive, but your right to use the Site immediately ceases. Xoopit's failure to act with respect to a breach by you or others does not waive Xoopit's right to act with respect to subsequent or similar breaches.
Protection of Children
You must not use or register on this Site if you are under the age of 13. If you use the Site, you hereby represent and warrant that you are at least 13 years of age. In compliance with the Children's Online Privacy Protection Act, any information we receive from Users we believe to be under the age of 13 will be purged from our database.