iPod Hownd Terms of Service

THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE X7 Media'S WEBSITES. BY ACCESSING ANY OF THE WEBSITES YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS SET OUT IN THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE WEBSITES. AMENDMENTS X7 Media may amend this Agreement at any time by posting a new agreement in place of this one. X7 Media will post notice that the Agreement has been amended on its main website located at www.x7media.com for a period of 30 days. The amended agreement shall automatically be effective when posted. Your continued use of X7 Media's websites following the posting of the amended agreement and notice shall mean that you accept the terms of this Agreement as amended. If you do not agree with any of the terms of the amended Agreement then you must terminate all use of X7 Media's websites. This Agreement may not otherwise be amended. LICENSE You are granted a non-exclusive and non-transferable license to use and access X7 Media’s websites. The websites shall include the associated services and the Links Directory. ACCESS In order to access and use any of X7 Media's websites you agree to abide by the terms and conditions of this Agreement. Any other access or use shall constitute a trespass on X7 Media's computer systems, shall constitute an infringement of X7 Media's intellectual property and an unlawful use of X7 Media's assets. Certain portions of X7 Media's websites require you to have an account. This may require you to provide some personal information to X7 Media. You agree to (a) provide true, accurate, current and complete information about yourself as requested and (b) promptly update this information as required to keep it true, accurate, current and complete. X7 Media has the right, in X7 Media’s sole discretion, to suspend or terminate your current and future access and use of its websites in the event X7 Media reasonably believes that you are conducting yourself or providing information in a manner which is in breach of this Agreement. USER CONDUCT X7 Media is very concerned about the privacy and safety of all users, especially children. You shall not: submit any information or link to any content, information, ware or service which is obscene or contains pornography of any kind; use X7 Media's websites to commit any dishonest act, act of fraud or any act which infringes any third party rights; submit any information or link to any material which infringes or potentially infringes any third party intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy; submit any information or link to any material which is defamatory, libelous, harassing or threatening of or to any person or organization; submit any information or link to any material which is harmful or potentially harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program; submit any information or link to any material which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination, false advertising or copyright; undertake any activity which creates liability or damage or potentially creates liability or damage to X7 Media or its computer systems or its service providers; or send unsolicited e-mail to other users excluding private messaging via the community site. You agree not to use any spider, robot or other automatic means to search or monitor the content of X7 Media's websites. You agree that you shall not use any automatic means, including software, to interfere with or attempt to interfere with X7 Media's software or websites or their use by any other user. You agree not to cause any unreasonable burden or load on X7 Media's software or its computer systems. SERVICES You agree that X7 Media will not be liable for any delay or unavailability of any of X7 Media's websites or related services, whether due to an act or omission of X7 Media or an act or omission of any third party. USER SUBMISSIONS X7 Media may make available to you the ability to submit information and links to the websites. This includes the submission of links to the Links Directory. You agree that all of your submissions will be in compliance with this Agreement. All submissions may be subject to review by X7 Media prior to the information or link being posted to the websites. X7 Media may refuse to post any information or link and may remove the same for any reason, in its sole discretion. X7 Media's posting of any information or link does not mean that X7 Media agrees that the information or link complies with this Agreement or that X7 Media agrees with the content of the information or link. While X7 Media may review each submission, it does not thoroughly review the information or the third party website that a link may resolves to. Further, the information may become incorrect or the third party website may change from time to time. Notwithstanding X7 Media's review, you agree to indemnify X7 Media and other users for any loss or damage that X7 Media or any user may suffer as a result of the posting of any information or link that you submit. CONTENT Some information or links posted to X7 Media's websites may be offensive to you or incorrect or misleading. Some portions of the Websites allow users to post information including links to other resources on the Internet. Some of this information may be reviewed by X7 Media prior to its posting. However, even if X7 Media reviews and posts a submission to its website it does not mean X7 Media endorses the same. All such postings remain the sole responsibility of the person who submitted such information or link. You agree to assume all risks in regards to the condition, suitability, safety, accuracy, quality, integrity, and legality of any information submitted and in respect any information, product or services offered or made available through any link which has been submitted and posted. Under no circumstances will X7 Media be liable in any manner for the same. X7 Media may change, add to or delete from its websites at any time without notice. You agree to bear all risks, costs and damages that you may incur as a result of those changes. INTELLECTUAL PROPERTY X7 Media has certain protectable proprietary rights in its software and websites, including copyrights and trademarks. You may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any content contained on the X7 Media websites other than for personal use. WARRANTY DISCLAIMER THE X7 MEDIA WEBSITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE USED BY YOU AT YOUR SOLE RISK. X7 MEDIA MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE X7 MEDIA WEBSITES MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. X7 MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS. LIMITED LIABILITY IN NO EVENT SHALL X7 MEDIA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE X7 MEDIA WEBSITES HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF X7 MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INDEMNITY You agree to hold X7 Media, its employees, officers, directors, agents and other partners from any and all claims or demands, including reasonable attorney fees, made by anyone due to or arising from any information submitted, posted, transmitted or otherwise made available through our websites, your use of our websites, or your violation of these terms of use. NO AGENCY The parties are independent entities and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by this Agreement and neither party shall state or imply anything to the contrary. The links posted to the Links Directory are not affiliated with X7 Media, whether by partnership or otherwise. NO WAIVER X7 Media's failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future. ENTIRE AGREEMENT The terms and conditions set out in this Agreement constitute the entire terms and conditions with respect to the use of X7 Media's software, websites, the Links Directory and the relationship between the parties. No representative of X7 Media is authorized to amend the terms of this Agreement. Amendments shall only be effective as provided in this Agreement. TERMINATION Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement relating to intellectual property, warranty disclaimer, limited liability, indemnity and governing law shall survive such termination. GOVERNING LAW This Agreement, the relationship between you and X7 Media and your use of X7 Media’s websites, the Links Directory and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the State of Texas and those of United States applicable therein, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and X7 Media which in any way concerns this Agreement or the use of X7 Media’s websites shall be brought exclusively in the courts of Texas. Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief. X7 Media is headquartered in Texas. SEVERABILITY If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect. HEADINGS Headings are for reference purposes only and shall not be used in the interpretation of this Agreement.