User Agreement
Welcome to XLCommunities.com, operated by XL Communities Inc. By using the XLCommunities.com Website (the "Website")
you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a
member ("Member"). If you wish to become a Member and communicate with other Members and make use of the
XLCommunities.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by
following the instructions in the registration process.
This Agreement sets out the legally binding
terms of your use of the Website and your membership in the Service and may be modified by XLCommunities.com
from time to time, such modifications to be effective upon posting by XLCommunities.com on the Website. This
Agreement includes XLCommunities.com's Acceptable Use Policy for Content Posted on the Website,
XLCommunities.com's Privacy Policy, and any notices regarding the Website.
Eligibility
You must be thirteen or over to register as a member of XLCommunities.com or use the Website. Membership in the
Service is void where prohibited. By using the Website, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this
Agreement.
Term
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may
terminate your membership at any time, for any reason by clicking on cancel account on the Account page, or upon
receipt by XLCommunities.com of your written or email notice of termination. XLCommunities.com may terminate
your membership at any time and for any reason. Even after membership is terminated, this Agreement will remain
in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including
sections 4, 5, 7 and 9-14 of this Agreement.
Proprietary Rights in Content on XLCommunities.com
XLCommunities.com owns and retains all proprietary rights in the Website and the Service. The Website contains
the copyrighted material, trademarks, and other proprietary information of XLCommunities.com, and its licensors.
Except for that information which is in the public domain or for which you have been given written permission,
you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such
proprietary information.
Content Posted on the Site
- You understand and agree that XLCommunities.com may review and delete any content, messages, photos or
profiles (collectively, "Content") that in the sole judgment of XLCommunities.com violate this Agreement or
which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service,
or transmit to other Members.
- By posting Content to any public area of XLCommunities.com, you automatically grant, and you represent and
warrant that you have the right to grant, to XLCommunities.com an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and
to prepare derivative works of, or incorporate into other works, such information and content, and to grant and
authorize sublicenses of the foregoing.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Website.
XLCommunities.com reserves the right to investigate and take appropriate legal action in its sole discretion
against anyone who violates this provision, including without limitation, removing the offending communication
from the Service and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
- harasses or advocates harassment of another
person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated
computer programs or links to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from
another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits
personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating
someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or
services through the Service. You may not transmit any chain letters or junk email to other Members.
Although XLCommunities.com cannot monitor the conduct of its Members off the Website, it is also a violation of
these rules to use any information obtained from the Service in order to harass, abuse, or harm another person,
or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
In order to protect our Members from such advertising or solicitation, XLCommunities.com reserves the right
to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number
which XLCommunities.com deems appropriate in its sole discretion.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting
the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following information: an electronic or
physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description
of the copyrighted work that you claim has been infringed; a description of where the material that you claim is
infringing is located on the Website; your address, telephone number, and email address; a written statement by
you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent,
or the law; a statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Member Disputes
You are solely responsible for your interactions with other XLCommunities.com Members. XL Communities Inc.
reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy
Use of the Website and/or the Service is also governed by our Privacy Policy.
Disclaimers
XLCommunities.com is not responsible for any incorrect or inaccurate Content posted on the Website or in
connection with the Service, whether caused by users of the Website, Members or by any of the equipment or
programming associated with or utilized in the Service. XLCommunities.com is not responsible for the conduct,
whether online or offline, of any user of the Website or Member of the Service. XLCommunities.com assumes
no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or alteration of, user or
Member communications. XLCommunities.com is not responsible for any problems or technical malfunction of
any telephone network or lines, computer online systems, servers or providers, computer equipment, software,
failure of email or players on account of technical problems or traffic congestion on the Internet or at any
Website or combination thereof, including injury or damage to users and/or Members or to any other person's
computer related to or resulting from participating or downloading materials in connection with the Web and/or
in connection with the Service. Under no circumstances will XLCommunities.com be responsible for any loss or
damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content
posted on the Website or transmitted to Members, or any interactions between users of the Website, whether
online or offline. The Website and the Service are provided "AS-IS" and XLCommunities.com expressly disclaims
any warranty of fitness for a particular purpose or non-infringement. XLCommunities.com cannot guarantee and
does not promise any specific results from use of the Website and/or the Service.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will XLCommunities.com be liable to you
or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including
also lost profits arising from your use of the Web site or the Service, even if XLCommunities.com has been
advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein,
XLCommunities.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will
at all times be limited to the amount paid, if any, by you to XLCommunities.com for the Service during the term
of membership.
U.S. Export Controls
Software from this Website (the “Software”) is further subject to United States export controls. No Software
may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you
are not located in, under the control of, or a national or resident of any such country or on any such list.
Disputes
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree
that the dispute will be governed by the laws of the State of Virginia without regard to its conflict of law
provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of
Virginia, City of Fairfax.
Indemnity
You agree to indemnify and hold XLCommunities.com, its subsidiaries, affiliates, officers, agents, and
other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your use of the Service in violation of
this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and
warranties set forth above.
Other
This Agreement, accepted upon use of the
Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you
and XLCommunities.com regarding the use of the Website and/or the Service. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full force and effect.
XLCommunities.com is a trademark of XL Communities Inc.