Terms

Acceptance of Terms

The services that Xpanxion, LLC provides to you are subject to the following Terms of Use ("TOU"). Xpanxion, LLC reserves the right to update the TOU at any time without notice to you.

Description of Services

Through its network of Web properties, Xpanxion, LLC provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

Personal and Non-commercial use Limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

Privacy and Protection of Personal Information

See the privacy statement disclosures relating to the collection and use of your information

Notice Specific to Documents Available on this Web Site.

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that

  1. The copyright notice below appears in all copies and that both the copyright notice and this permission notice appear
  2. Use of Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media
  3. No modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the Xpanxion, LLC Web site or any other Xpanxion, LLC owned, operated, licensed or controlled site. Elements of Xpanxion, LLC Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Xpanxion, LLC Web site may be copied or retransmitted unless expressly permitted by Xpanxion, LLC.

Xpanxion, LLC and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Xpanxion, LLC and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Xpanxion, LLC and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from the services.

The documents and related graphics published under services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Xpanxion, LLC and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Notices Regarding Software, Documents and Services Available on this Web Site

In no event shall Xpanxion, LLC and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Xpanxion, LLC immediately of any unauthorized use of your account or any other breach of security. Xpanxion, LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Xpanxion, LLC or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Xpanxion, LLC server, or the network(s) connected to any Xpanxion, LLC server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Xpanxion, LLC server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Materials Provided to Xpanxion, LLC or Posted at Any Xpanxion, LLC Web Site

Xpanxion, LLC does not claim ownership of the materials you provide to Xpanxion, LLC (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Xpanxion, LLC, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Xpanxion, LLC Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Xpanxion, LLC is under no obligation to post or use any Submission you may provide and Xpanxion, LLC may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that

  1. you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services
  2. you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use
  3. that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

By Posting Images, you are granting

  1. to all members of your private community (for each such Images available to members of such private community), and/or
  2. to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.

Links to Third Party Sites

The links in this area will let you leave Xpanxion, LLC's site. The linked sites are not under the control of Xpanxion, LLC and Xpanxion, LLC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Xpanxion, LLC is not responsible for webcasting or any other form of transmission received from any linked site. Xpanxion, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Xpanxion, LLC of the site.

Unsolicited Idea Submission Policy

Xpanxion, LLC or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Xpanxion, LLC's products or marketing strategies might seem similar to ideas submitted to Xpanxion, LLC. So, please do not send your unsolicited ideas to Xpanxion, LLC or anyone at Xpanxion, LLC. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Xpanxion, LLC makes no assurances that your ideas and materials will be treated as confidential or proprietary.