2. User Responsibilities
By consenting to the Agreements, you agree:
2.1 To represent only yourself on the Service, and no other persons, living, dead, or imagined; the Service may only be used by natural persons (i.e., individuals) on their own behalf and not by or on behalf of any commercial entity unless explicitly permitted by Xexec;
2.2 To provide accurate information to Xexec, including, but not limited to information required to register with the Service;
2.3 To not use the Service to:
(a) Publish or distribute any defamatory, infringing, obscene, indecent or unlawful material or information;
(b) Defame, abuse, harass, threaten, stalk or otherwise violate the legal rights of others;
(c) Send unsolicited email;
(d) Collect or store personal data about other users;
(e) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(f) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(g) Upload files (including audio and video files such as MP3) that contain software or other material protected by intellectual property laws (or by rights of privacy) unless you own or control the rights thereto or have received all necessary consents;
(h) Delete or modify any author attributions, legal notices or other proprietary designations or labels in any file that is uploaded;
(i) Falsify the origin or source of software or other material contained in a file (including audio and video files) that is uploaded;
(j) Download any file (including audio and video files) that you know, or reasonably should know, cannot be legally distributed via the Service; and
(k) Reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, products, or services provided by Xexec or obtained through the Service without obtaining the express, prior written consent of Xexec. This restriction includes any attempt to incorporate any information from the Service into any other directory, product or service.
2.4 To provide for your own access to the Service, including but not limited to obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges.
4. Vendors and Goods and Services
4.1 Xexec and Power NI will not be liable for any loss or damage incurred as a result of any interaction between you and a vendor accessible through the Service. All matters, including but not limited to delivery of goods and services, returns, and warranties are solely and strictly between you and the vendor.
4.2 You acknowledge that Xexec and Power NI do not endorse or warrant the vendors that are accessible through the Service nor the goods and services that they provide.
5. Content and Links
5.1 The Service may contain content supplied by third parties and links to Internet sites maintained by third parties. Xexec and Power NI do not, in any respect, control such content or operate such third-party sites and do not guarantee the availability of any email from or links to third-party sites. Third-party content and links are included solely for the convenience of users, and do not constitute any endorsement by Xexec or Power NI. Xexec and Power NI are not responsible for the accuracy or reliability of third-party information and you assume sole responsibility for the use of third-party information.
5.2 You acknowledge that Xexec and Power NI neither endorses the contents of your communications nor assumes the responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom or any crime facilitated thereby.
5.3 You acknowledge that Xexec does not pre-screen any content you post on the Service, but that Xexec and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that violates the Agreements or is otherwise objectionable.
6. Ownership and Licenses
6.1 All contents of the Service are the property of Xexec, participating vendors, or advertisers. The Service content may not be copied, distributed, or transmitted in any way without the prior written consent of Xexec; provided that you may download, print, and store a single copy of the Service for personal, noncommercial use. You may not modify the content in any way, nor delete any copyright or trademark notice.
6.3 By transmitting any messages or content to public or semipublic areas of the Service, you grant to Xexec a nonexclusive, worldwide, royalty-free, perpetual, irrevocable license to use, distribute, display, and reproduce the messages and content, and to authorize use and reproduction of the messages and content by other Service users in accordance with the terms of this Agreement.
Xexec may immediately terminate your registration for any reason at any time. Upon termination, you will cease to use the Service. You may terminate your registration by contacting Xexec at support@Xexec.com or 0208-201 6483.
8.1 Any software or files that are made available for download from the Service ("Software") are the copyrighted work of Xexec and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end-user first agrees to the License Agreement terms.
8.2 For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: Xexec hereby grants to you and your immediate family a personal, nontransferable license to use the Software for viewing and otherwise using the Service in accordance with these terms and conditions, and for no other purpose.
9. Disclaimer of Warranties
9.1 XEXEC AND POWER NI PROVIDE THE SERVICE AND ALL RELATED SOFTWARE AND CONTENT TO YOU "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY THAT THE SERVICE OPERATES ERROR FREE OR WITHOUT INTERRUPTION; ANY WARRANTY THAT INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE OR RELIABLE. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICE REMAINS WITH YOU.
9.2 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
9.3 Xexec and Power NI make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service.
9.4 No advice or information, whether oral or written, obtained by you from Xexec or through the Service shall create any warranty not expressly made herein.
10. Limitation of Liability
XEXEC AND POWER NI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT, REGARDLESS WHETHER XEXEC OR POWER NI HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
XEXEC AND POWER NI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OTHERWISE OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, INCLUDING WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, REGARDLESS WHETHER XEXEC OR POWER NI HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You agree to indemnify against and hold harmless Xexec and Power NI and their respective affiliates, officers, directors and employees from any and all claims and demands, including without limitation the payment of reasonable attorney's fees, arising from your use of the service, save to the extent that such claims or demands were caused directly by the fraud or wilful default of Xexec or Power NI or their respective affiliates, officers, directors and employees (other than you).
12.1 The Agreements comprise the entire agreement between you and Xexec and supersedes all prior agreements between the parties regarding the subject matter contained herein. Any waiver of any provision of the Agreements will be effective only if in writing and signed by Xexec.
12.2 If a court of competent jurisdiction finds any provision or portion of the Agreements to be unenforceable, the remaining provisions of the Agreements will continue in full force and effect.
12.3 Any notices to you or Xexec shall be made via either email or regular mail. Xexec may also provide notices of changes to the Agreements or any other matter by displaying notices to you generally on the Service.
12.4 You agree to comply with U.K. law regarding the transmission/export of technical data through the use of the Service.
This notice is made by Xexec Limited, Registered in England No. 4009440 with Registered Office at 146 Cavendish Street, London W1M 7FG.
Postal address: Xexec Limited, Mountcliff House, 154 Brent Street, London NW4 2DR.