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 tDocuments 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
- The copyright notice below appears in all copies and
that both the copyright notice and this permission notice
appear
- 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
- 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 tortious 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
- 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
- you have the rights necessary to grant the licenses
and sublicenses described in these Terms of Use
- 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
- to all members of your private community (for each
such Images available to members of such private community),
and/or
- 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.
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