Access Subject to Local Restrictions
The Site and all information and functionality contained within it are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction or (2) such distribution is
prohibited without obtaining the necessary licenses or authorizations by XCHG and such have not been obtained.
Limited license and restrictions on use
- Loan, share, publish, republish, copy, reproduce, disclose, transmit, display, sell, license, lease or distribute any portion of the Site or any data thereon to any third-party, or use the Site as a basis for a directory or database prepared for commercial sale or distribution; provided, however, nothing shall prohibit internal business use or reporting to governmental agencies or your end-use customers;
- Remove any copyright, trademark or other proprietary notices contained in the Site;
- Disassemble, decode, decompile or otherwise reverse engineer any and all software (the “Software”) used in providing, accessing (other than commercially available third party internet browsers) or using the Site;
- Access, download, transfer or manipulate data and databases comprising the Site using protocols or interfaces other than those provided by XCHG as part of the Site;
- Have access to or make any use of the source code for the Site;
- Infringe or misappropriate the Site or take any action inconsistent with XCHG’s ownership of and rights in the Site and the Software; and
- Violate any law or regulations concerning data protection.
In addition, in using the Site, you agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites;
- not to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;
- not to use, frame or utilize framing techniques to enclose any XCHG trademark, logo or other proprietary information (including the images found at the Site, the content of any text or the layout/design of any page or form contained on a webpage) without the express written consent of XCHG;
- not to “deeplink” to the Site (i.e., link to any internal or subsidiary page of this Site that is located one or several levels down from the Site’s homepage) without XCHG’s express written consent;
- not to create or use a false identity on the Site;
- not to collect or store personal data about others obtained through the Site;
- not to attempt to obtain unauthorized access to the Registry or portions of the Site that are restricted from general access;
- not to take any action that will or could impose unreasonable or disproportionately large load on our Site or our other infrastructure;
- not to post any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy or otherwise in violation of any applicable local, state, national, or international law, statute, regulation, ordinance or other means of establishing legal rights and obligations in any geographic area (collectively, “Applicable Law”);
- not to post any copyrighted material unless the copyright is owned by you, which such posting shall be deemed consent by you of the publication of such
copyrighted material on the Site; and
- to comply with all Applicable Law that relate to your use of or activities on the Site including but not limited to United States export restrictions.
Intellectual Property Rights
The Site and any and all content on the Site are protected by copyright and/or other intellectual property laws and any unauthorized use of such intellectual property or information or the Site may violate such laws related to their protection. Except as expressly provided herein, XCHG does not grant any express or implied right or license of any kind to you under any patents, copyrights, trademarks or trade secret information with respect to such intellectual property and/or information and/or the Site.
(b) as XCHG may agree in its sole discretion.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Systematic retrieval of content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Site without written permission from XCHG is specifically prohibited.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, XCHG designates an agent to receive by mail notifications of claimed copyright infringement: Xpansiv CBL Holding Group, 2 Bryant Street, Suite 220, San Francisco, CA 94105, Attention: Chief Operating Officer. The designated copyright agent can also be reached by e-mail at firstname.lastname@example.org.
You retain copyright and any other rights you already hold in content that you submit, post or display on or through the Site. By submitting, posting or displaying the content you give XCHG a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content.
You understand that XCHG, in performing the required technical steps to provide the Site and its services to you and our other users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit XCHG to take these actions. You confirm and warrant to XCHG that you have all the rights, power and authority necessary to grant the above license.
The information and materials contained in the Site have been gathered by XCHG from sources believed by it to be reliable. They are provided “as is” and “as available”, and XCHG makes no representations or warranties of any kind with respect to the information and materials contained in the Site, including without limitation warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, XCHG does not warrant the accuracy, timeliness, completeness, reliability or availability of the Site or the information or results obtained from use of the Site, or that the Site is virus-free or error-free. XCHG has no obligation to audit, validate or otherwise verify any information contained in the Site.
To the fullest extent permitted by law, in no event shall XCHG or any of its directors, employees, agents or others with whom it may collaborate to provide the Site have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the Site, even if XCHG has been advised of the possibility of the same.
XCHG makes no claim or representation regarding, nor does XCHG accept any responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Site, or sites linking to the Site. The linked sites are not under the control of XCHG and XCHG shall not be responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement or adoption by XCHG of a linked site or any information contained therein. When
websites or websites linking to or framing the Site.
Electronic Communication (E-Mail)
The Internet is a universally accessible medium. Ordinary E-mail messages sent over the Internet are neither confidential nor secure. They may be viewed by third parties, lost, intercepted or altered. E-mails may circulate across national borders, even if both sender and recipient are located in the same country. You are therefore recommended to communicate with XCHG by using a secure channel if such channel is provided by XCHG. In no event should you use ordinary E-mail to transmit personal or confidential information such as any account related data. XCHG shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to XCHG using ordinary E-mail or any other electronic messaging system.
Viruses and Security Breach
XCHG does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment or other property on account of your access to or use of the Site. User agrees to immediately notify XCHG of any suspected unauthorized use of the user’s login(s), password(s), or account or any other suspected breach of security.
Please do not reveal trade secrets or other confidential information as you communicate to XCHG via the Site. Any and all rights to materials and ideas submitted to us are non-confidential, become our exclusive property and may be used and disclosed by us without restriction unless or except as otherwise agreed between XCHG and you in writing.
Conflict with Additional Terms
Applicable Law and Dispute Resolution
This policy explains how XCHG treats your personal information, and protects your privacy, when you use the Site. You agree to the use of your data in accordance with XCHG’s privacy policies.