Legal - XL Marketing

Terms of use and legal restrictions

Use of Site

XL Marketing Corporation (“XL Marketing Corp.”) authorizes you to view and download the materials at this Web site (“Site”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Use of Software

If you download software from this Site (“Software”), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.

User Submissions

Other than personally identifiable information, which is covered under the XL Marketing Corp. Online Privacy Statement, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). XL Marketing Corp. will have no obligations with respect to the Communications. XL Marketing Corp. and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

User Chat Rooms

XL Marketing Corp. may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. XL Marketing Corp., however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. XL Marketing Corp. retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.

Links To Other Web Sites

Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. XL Marketing Corp. has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, XL Marketing Corp. does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Notices

XL Marketing Corp. may give notice to any XL Marketing Corp. user by sending an email message to the user’s email address registered with XL Marketing Corp., without limitation.

Third-party companies and products

XL Marketing Corp. may mention third-party products, companies and web sites. This is for information purposes only and does not constitute an endorsement nor a recommendation. XL Marketing Corp. provides this information only as a convenience and makes no representation whatsoever regarding the content, safety, suitability nor quality of any third-party products or services.

Privacy

XL Marketing Corp. collects and uses certain types of information, as described below. By using a XL Marketing Corp. application or by visiting a website developed by XL Marketing Corp. or a XL Marketing Corp. application, you consent to the provisions of this privacy policy.

By your use of this application you are expressly consenting to XL Marketing Corp.’s collection of information. XL Marketing Corp. may use the information at is discretion, for whatever purposes it desires.
XL Marketing Corp. does not wish to obtain personal information from children who are using XL Marketing Corp. applications, services or other resources, and it is the responsibility of the user to ensure that children obtain the consent of their parent or guardian before providing any personal information, or to otherwise prevent use of these products or services to children.
If the use of a XL Marketing Corp. application or any XL Marketing Corp. services or resources requires you to register with XL Marketing Corp., you must complete the registration process by providing current, complete and accurate information. You will choose a means of user identification (typically an email address, but this may take other forms) and you may be required to provide a password. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account, and you authorize XL Marketing Corp. to assume that any person using the resources with your password and user name is either you or is authorized to act for you. You agree to notify XL Marketing Corp. immediately of any unauthorized use of your account or any other breach of security. XL Marketing Corp. will not be liable for any loss that you may incur as a result of someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder.
XL Marketing Corp. has the right to enable communications between the desktop applications it provides, server-based resources it offers or operates, players, web sites using it’s browser-based technologies, and other implementations not described herein. Such communication includes information queried, accessed or transferred, without limitation, and not limited to: data embedded in files, events, application code, cookies, web beacons and invisible files, browser helper objects and plug-ins, URLs and URL query strings.
Communication may take place over non-secure channels, including the Internet.
Customer acknowledges that content may be altered by third parties, acting legally or illegally, the actions over which XL Marketing Corp. has no control, and that such actions may damage customer’s, and XL Marketing Corp. has no responsibility for any actions by others.
XL Marketing Corp. collects information from web sites created with XL Marketing Corp. products, which typically will not identify you, unless, however, you choose to include your email information on the web site. Certain URLs may also identify you, for example, if an account with your ISP includes a portion of your name or other identifying information as part of the URL. In addition, the text you choose to use to describe the contents of your web sites – as titles or captions, for example – may also provide sufficient information to personally identify you. This information is published as part of the files published by XL Marketing Corp. applications and it may be indexed for access by others unknown to you. If you do not wish this information to become publicly available, you should implement security measures offered by your ISP, such as limiting authorized access to your site by user name and password.
XL Marketing Corp. may collect diagnostic information from your application or web site as a result of your direct request; as the result of an automatically-generated transaction which typically requires an affirmative response by you from within the application; or from an automated transmission from your web site.
XL Marketing Corp. may index and/or aggregate the full contents of any of the descriptive files it creates on remove servers, or for viewing remotely, at any time.
XL Marketing Corp. applications use cookies and invisible image files (also known as ‘web beacons”) to track users of XL Marketing Corp.-created web sites. If you are uncomfortable with the idea of your information being stored in cookies, we recommend disabling cookie support in your browser. This will, however, limit the functionality and performance of your use of these sites.
If you affirmatively elect to engage in a commercial transaction such as by responding to an advertisement, promotion, or dialog from within a XL Marketing Corp. application, web site, or web site created by an application, XL Marketing Corp. will collect and disclose your information, as necessary, to the commerce partner fulfilling the transaction.

Content Aggregation and indexing

XL Marketing Corp. retains exclusive rights to index, tabulate and/or otherwise aggregate data from any of the files created by its applications, whether they exist on a local or remote computer, no matter what form they may have been created in. These files include, but are not limited to, files named: site.xml, languages.xml, webalbum.xml, languageA.xml (where ‘A’ is an arbitrary string of characters). XL Marketing Corp. retains all, and exclusive, rights to access these descriptive files. Such rights may be extended to third parties, at its sole discretion. No other applications, servers or technological methods may be used to access these files. No third parties may access these files in any manner, unless granted such rights by XL Marketing Corp.

Illegal, tortious and prohibited use

To use a XL Marketing Corp. application, or to view a web site created by a XL Marketing Corp. application, you must be at least 13 years old (or, for non-U.S. users, such older minimum age as may be required by applicable local non-U.S. law), but only if the application or web site you are using was created and registered by your parent or legal guardian. Subject to applicable laws, if under this minimum age, you may be eligible to use these products and services with the explicit consent of your parent or legal guardian. You are responsible for all of the images you upload, email, share or copy using XL Marketing Corp. applications. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using XL Marketing Corp. applications. XL Marketing Corp. applications, web sites and web sites created by XL Marketing Corp. applications may be used only for lawful and proper purposes. Publishing, transmitting, promoting, using, distributing or storing content that could subject XL Marketing Corp. to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly-accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights and material that is obscene, defamatory, constitutes a threat, or violates export control laws. If XL Marketing Corp. elects to terminate your right to use XL Marketing Corp. applications as a result of any illegal or prohibited conduct, XL Marketing Corp. may elect, in its sole discretion (subject to applicable law), not to refund any fees or other amounts to you.

Examples of prohibited content are:

Obscene content, contrary to commonly-accepted community standards
Content which harms minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct
Content which infringes on the copyrights, trademarks or other intellectual property of others, or discloses trade secrets or confidential information in violation of a confidentiality or nondisclosure agreement
Plans for illegal activity
Advertisements for a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
Content which invades the privacy of others, or is defamatory or libelous

Monitoring of content. XL Marketing Corp. does not control the content of sites published with its products or sites which it may host, nor does XL Marketing Corp. have any obligation to monitor such content for any purpose, nor to acknowledge nor report any prohibited content it discovers (subject to applicable local law). You acknowledge that you are solely responsible for all content and material you publish, and furthermore, for all content you download or import into XL Marketing Corp. applications. It is important to note, for example, that a “thumbnail” for an image may not necessarily correspond to the high-resolution or original versions, and that content stored on a site may have been modified by the author or a third party. XL Marketing Corp. reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If XL Marketing Corp. decides to investigate or resolve possible misuse involving you or anything you do using XL Marketing Corp. applications, web sites, or web sites created with XL Marketing Corp. applications, XL Marketing Corp. is entitled to disclose any information about you in XL Marketing Corp.’s possession in connection with your use of these resources and anything you do with XL Marketing Corp. resources to law enforcement or other government officials, as XL Marketing Corp. in its sole discretion believes to be necessary or appropriate. By your acceptance of this Agreement and your use of XL Marketing Corp. applications, web sites or web sites created by XL Marketing Corp. applications, you authorize XL Marketing Corp. to take any such actions. XL Marketing Corp. reserves the right (subject to applicable local law), in its sole discretion, to monitor all publicly-accessible content created by XL Marketing Corp. applications, without exception, for the purpose of investigating violations of this agreement. When XL Marketing Corp. becomes aware of possible violations, XL Marketing Corp. may initiate an investigation, which may include gathering information from any user or account involved, any third party and any complaining party. If, as a result of any such investigation, XL Marketing Corp. believes that any criminal activity has occurred, XL Marketing Corp. reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.

Disclaimer

THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. XL Marketing Corp. further does not warrant the accuracy and completeness of the materials or services at this Site. XL Marketing Corp. may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and XL Marketing Corp. makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local XL Marketing Corp. business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of liability

IN NO EVENT WILL XL Marketing Corp., ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

U.S. Government Restricted Rights

Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 (c) (1-2 ) (June 1987). Government users will receive no greater Limited Rights as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015 (b) (2) (November 1995), as applicable in any technical data at this site.

Applicable Laws

This Site is administered by XL Marketing Corp. from its offices in Campbell, California. XL Marketing Corp. makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.

General

XL Marketing Corp. may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Last updated: November 2021