The information on the Site shall be used for general
informational purposes only and should not be relied upon
or used as the sole basis for making decisions or as a legal
representation or warranty from Xennial Digital (from here on
referred to as XD). XD is not responsible if the information
available on this Site is not accurate, complete or updated.
The information on the Site is intended to provide general
information of a particular subject or subjects and it is not
an exhaustive description of them.
All Content is of the exclusive property of XD, its affiliates,
its licensors or its content providers and is protected by
intellectual property and other applicable laws. Any use of the
Content on the Site, including without limitation, the reproduction,
modification, use, publication, broadcast, uploading, transmission,
posting, distribution, licensing or the creation of derivative works
from the Content, is strictly prohibited. XD reserves all rights not
expressly granted herein or on the Site.
Xennial Digital, XD and its logo are registered trademarks of
Direct.com LLC. This trademark and any other trademarks and service
marks that are part of the Content shall not be used in any manner
without the prior written consent from XD. Nothing on this Site shall
be construed as granting any license or right of use of any trademark
within the Content.
Use of the Contact Information
User shall not use contact information provided on the Site for any
unauthorized purpose, including marketing, without the previous written
consent of XD.
Links to other Websites
The Site may provide links to Websites and access to Content, products
and services from third parties, including users, advertisers, partners,
affiliates and sponsors of the Site. User agrees that XD is not responsible
for the availability of, and content provided on third party Websites.
The User is requested to review the policies posted by other Websites
not responsible for third party websites content that is accessible through
the Site, including opinions, advice, statements and advertisements, and User
shall bear all risks associated with the use of such Content. Links to this
Site shall not be made without the previous written consent from XD.
Personal and non-personal information
Some features on the Site may require registration, which might imply that
you provide us certain Personal Information. Your Personal Information
will be obtained, used, stored and, in general, treated according to the
Privacy Notice that will be made available to you. By registering on the
Site, User agrees to provide true, accurate, current and complete information
and Personal Information about himself/herself. At registration, User has the
option to choose to be contacted by a representative of XD, by any of the means
entered in the registry form. Therefore, upon electing such option, User agrees
to be contacted by XD, however User acknowledges that choosing such option does
not create an obligation for XD to contact the User.
Further, at registration User has the option to choose to receive newsletters
and marketing materials from XD in his/her email, therefore, if User chooses
such option, User accepts and acknowledges that XD will send such materials
for informational purposes only. All the materials sent by XD in such newsletters
the event that the User wishes not to receive such newsletters and emails at any
time thereafter, User shall request to be removed from the distribution list by
following the link set forth for that purpose at the footer of such email message.
Some features on the Site in addition to registration, require the use of a password
which shall be solely under User’s responsibility. User shall be the sole responsible
for any material or communication submitted via the Site using his/her registration
ID and if applicable, his/her password, and shall the sole responsible for any
liability or damages derived or arising in connection with the delivery of such
materials by the User.
User agrees that any submission of materials or communications via the Site by the
User, including any comments, data, questions, suggestions or anything alike, is
submitted on an unrestricted, non-exclusive, royalty-free, perpetual and irrevocable
basis and will be treated as non-confidential and non-proprietary. User shall not
submit any material or communication that is obscene, defamatory or that its delivery
constitutes an infringement or breach of any third party right.
XD is the sole owner of the information collected on this site. XD will only have
access to/collect information that User voluntarily provides XD via email or other
direct contact from User. We will not sell or lease this information to anyone. XD
will use User’s information to respond to User regarding the reason User contacted XD.
XD will not share User’s information with any third party outside of our organization,
other than as necessary to fulfill User’s request. Unless User asks us not to, XD may
contact User in the future to provide information about products or services, or
time. User can do so at any time by contacting XD via the email address or phone number
given on the Site. XD takes precautions to protect User’s information. XD does not
collect sensitive information (such as credit card data).
XD has and maintains the necessary security measures for the protection of the
Personal Information provided by the User to prevent its loss, misuse, alteration,
theft and unauthorized access. Notwithstanding the above, the User shall be aware that
the Internet security measures are not indefeasible and therefore the User shall
consider that XD does not guarantee that its Personal Information will be free of loss,
misuse, alteration, theft and/or unauthorized access, including damages for the misuse
of the Website or virus on the Internet.
Cookies are pieces of information that a website transfers to an individual hard drive
for record-keeping purposes; passwords are not saved in cookies. Cookies help XD know
which pages are visited most often and help XD ensure that its Site responds to users'
needs. If User does not wish to receive a cookie, or if User wishes his/her browser
to notify when receiving a cookie, User may use the option on the Web browser to
disable cookies. Click on the 'help' section of the browser to learn how to change
cookie preferences. However, please note that if User disables all cookies, User may
not be able to take advantage of all the features available on this Website. XD does
not use personal identification details transferred through cookies either for promotion
or marketing purposes, nor will such information be shared with a third party.
All Content on the Site is provided on an "as is" and "as available" basis.
XD expressly disclaims all warranties of any kind with respect to the
Content of the Site, whether express or implied, including, but not limited
to, the implied warranties of merchantability and fitness for a particular
purpose and any warranties that materials on the Site are non-infringing,
as well as warranties implied from a performance or dealing course. XD reserves
the right to modify the Contents at any time but does not assume the obligation
of updating any information on the Site. XD does not make any warranties or
representations regarding the use of the materials on this Site in terms of their
completeness, correctness, accuracy, adequacy, usefulness, timelines, reliability
XD makes no warranty that: (a) the Site will meet User requirements;
(b) the Site will be available on an uninterrupted, timely, secure,
or error-free basis or the server that makes the Site available will
be virus free; (c) the results that may be obtained from the use of
the Site or any services offered through the Site will be accurate
or reliable; or (d) the information contained on the Site is updated
and reflects the current situation of the company. If User is
unsatisfied with any portion of this Site, or with any of these Terms
of Use, it is User’s sole and exclusive remedy to discontinue using
this Site. User acknowledges that downloads of any materials from this
Site, reliance on the information on this Site and any use of this
Site is solely at the User's own risk and that the Site is available
to User at no charge. Therefore, User acknowledges and agrees that, to
the fullest extent permitted by applicable law, neither XD nor its
affiliates or third parties contents providers will be liable for any
direct, indirect, punitive, exemplary, incidental, special, consequential
or other damages arising out of or in any way related to this Site.
XD shall not be liable for any damage to User's computer system or loss
of data resulting from the download of any Content, materials, or
information from the Site. In no event will XD be liable for damages of
any kind, including without limitation, direct, incidental or consequential
damages (including, but not limited to, damages for lost profits, business
interruption and loss of programs or information) arising out of the use of
or inability to use the Site, or any information provided on the Site.
User shall not use any hardware or software intended to damage, interfere
with the proper operation of the Site or to intercept any data or personal
information from the Site. User shall not interrupt, attempt to interrupt,
intrude or attempt to intrude the operation of the Site in any way. User
is not allowed to frame this Site or use XD’s marks as meta tags, without
the previous written consent from XD. User shall not use frames or utilize
framing techniques to enclose any Content. Further, User shall not utilize
any Content in any meta tags or any other similar techniques, without the
previous written consent from XD. User shall not obscure any Contents,
User agrees to indemnify, defend and hold XD harmless from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, arising out
of or relating to any misuse by the User of the Content and services provided
Termination of access.
XD may terminate User's access at any time for any reason. The provisions
regarding the disclaimers of warranty, accuracy of information and
indemnification shall survive such termination.
previous notice to the User. Such changes shall be effective immediately
upon posting them on the Site. By continuing to use the Site after any
changes are posted, User acknowledges acceptance of those changes.
area of the Site, the last ones shall prevail in relation to the use of
that area of the Site by the User.
Website Legal Use.
User represents that access to this Site and the information contained
herein is not unlawful under the applicable laws of the jurisdiction where
User is a resident or from where User is accessing this Site. If any Content
or the use of this Site is contrary to the laws of the place where User is
accessing this Site, this Site is not intended for such User and User shall
refrain from accessing or using this Site.
If any of the terms, limitations or exclusions of liability contained
or invalid in whole or in part for any reason under the applicable laws
of the jurisdiction where User resides or has had access to the Site,
such illegal, unenforceable, or invalid provisions or part thereof
provision shall not affect the legality, enforceability, or validity
the provisions of this section, then such removed and/or deleted
provision shall be replaced, to the extent possible, with a legal,
enforceable, and valid provision that is as similar to the removed
and/or deleted provision as is legally feasible.
be effective unless made in writing and executed by a duly authorized
representative of XD.
State of Florida, United States of America.