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Welcome to the X-Expats & Transnationals, LLC x-expats.com (“Web Site”). This Web Site is owned and operated by X-Expats & Transnationals, LLC, 12 Desbrosses Street, New York, NY 10013 (“X-Expats”). Whenever the terms "we," "us," or "our" are used in these Terms and Conditions, they refer to X-Expats. We appreciate your interest in us and our services. Our Web Site is provided by us for the benefit of the general public for entertainment purposes.
The provisions contained in these Terms and Conditions govern your use of this Web Site. Please take a few minutes to review these provisions. Your use, or access, of the Web Site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS, REGISTER, OR OTHERWISE USE THE WEB SITE OR PURCHASE PRODUCTS OR SERVICES FROM US OR THROUGH OUR PARTNERS.
Use of This Web Site: These Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them here. You should check here for changes. Your continued access of the Web Site demonstrates your acceptance of these Terms and Conditions and any changes.
The content provided on this Web Site is for informational and entertainment purposes. You may access and use this Web Site pursuant to these Terms and Conditions for your personal, non-commercial use. By accessing and using the Web Site, you represent and warrant that: all information you submit is truthful and accurate; and you are (13) years of age or older. This Web Site targets its content and is intended for use by professionals and should not be used by children or teenagers.
Changes:
We may make changes to these terms and conditions, or to the services or information described on our Web Site, at any time without notice, and make no commitment to update the information contained on our Web Site. We do not warrant the accuracy or completeness of the information, text, graphics, links, content or other items contained on our Web Site.
Unauthorized Use:
You agree not to use the Web Site for illegal purposes. You may not use this Web Site for any commercial purpose. You may not use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Web Site. You may not take any action to interfere with the Web Site or any other user's use of the Web Site, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing" the Web Site. You may not send unsolicited e-mail, including promotions and/or advertising of products or services, through the Web Site or forge or mask your true identity in any e-mail or posting. You may not frame portions of the Web Site within another web site or establish links from any other web site to any page of the Web Site other than the home page.
Proprietary Rights:
All pages and content within this Web Site, including but not limited to, the software which operates the Web Site, text, graphics, photographs, articles or other materials, are the intellectual property of, or are authorized for use by, X-Expats. Except as expressly permitted in these Terms and Conditions, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available on this Web Site without the prior written consent of X-Expats. This Web Site is copyrighted and licensed under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License.
Except as indicated, we own all trademarks, service marks or other logos featured on our Web Site. Use or misuse of these trademarks, service marks or logos is expressly prohibited and may violate federal and state law. Unless otherwise indicated, we are the owner of the copyright in the entire content (including images, text and look and feel attributes) of our Web Site and in the selection, coordination, arrangement, organization and enhancement of content on our Web Site as a collective work and/or compilation. Removing or altering the copyright notice on any of our Web Site pages is prohibited. Any commercial use of the content of our Web Site or format is prohibited without our prior written consent.
We may use, reproduce, modify, adapt, publish, translate, distribute, redistribute, transmit, perform or display worldwide any feedback, suggestions, postings, or other information that you submit to us through our Web Site. We may also incorporate any such feedback, suggestions, postings, or other information that you submit to us through our Web Site into other works in any form, media, or technology now known or later developed without further permission or license from you. We are free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications, postings or information, that you send to us through our Web Site for any purpose whatsoever, including without limitation to create and market our services or products using such information.
In the course of using the Web Site, you and other users may provide information which may be used by us in connection with the Web Site and which may be visible to certain other users. You understand that by posting information, blogs, or other content on the Web Site or otherwise providing content, materials or information to us or in connection with the Web Site, we hereby are granted a non exclusive, worldwide, royalty free, perpetual, irrevocable, transferable right to fully exploit such content, materials and information (including all related intellectual property rights) and to allow others to do so, however, we will only share personally identifiable information that you have not made publicly available in accordance with our current privacy policy. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any materials, content or information submitted by you and we reserve the right to remove or not post any content or information that you may submit. You understand that all information publicly posted or privately transmitted through the Web Site is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Web Site. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Web Site is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Registration with Web Site:
Without limiting the other terms and conditions in this Agreement, you acknowledge and agree that at all times the registration information about you shall be correct, honest, accurate and truthful. We can disable your account at any time, without notice, should we discover that your registration information is not in compliance with this policy. The effectiveness of this Web Site for you and others is based upon this fundamental principal.
User Content:
Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing comments and/or content on the Web Site:
- If a comment is made using your identity or screen name it will be deemed to have been posted by you.
- Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive, illegal, harmful or sexually explicit material.
- Do not make false or misleading statements.
- Do not offer to sell or buy any product or service, or post links to third party websites, unless expressly authorized to do so by us in connection with a feature on the Web Site.
- Do not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
- Do not post information that you know to be confidential or sensitive or otherwise in violation of any law, statute, rule, ordinance or regulation.
- Keep all comments relevant and "on topic" to the particular posting that is open for comments.
- Do not post information or materials promoting the commercial activities of others without receiving our prior written consent to do so.
You expressly acknowledge that we do not actively monitor communications or User Content on the Web Site. However, there may be times when we do monitor such communications or User Content and we, or our designee, may take appropriate action depending upon the nature of such communications or User Content, including without limitation, removal of the communications or User Content, or disabling the user account.
Registration and Security:
As a condition to using the Web Site, you may be required to register with us and select a password and user name ("User ID"). You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of, or cancel a User ID in our discretion. You shall be responsible for maintaining the confidentiality of your password.
Additional Provisions:
You acknowledge and accept the following additional provisions:
- We are not responsible for the accuracy and/or reliability of any content on the Web Site.
- We are not responsible for monitoring or investigating services or content provided on the Web Site.
- Should we choose to monitor services, communications and/or content we are not responsible for the accuracy or reliability of any such information.
- We have no obligation to modify or remove inappropriate content on the Web Site.
- We are not responsible for the any third party content linked to or from the Web Site.
- We are not responsible for the conduct and actions of others users, online or offline.
- We are not responsible for any error, omission, interruption, defect, destruction, or unauthorized access to any communications or content.
- We are not responsible for any problem, malfunction, issue that may result in loss or damage.
- We may suspend or terminate any user account, at any time, without notice, and without reason.
- We may suspend or terminate the operations of the Web Site, at any time, without notice, and without reason.
- The Web Site and this service is provided for entertainment only.
Disclaimer:
The content contained on this Web Site may not be up-to-date or accurate. THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE CANNOT BE HELD LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE OUR WEB SITE, EVEN IF YOU TELL US OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR WEB SITE IS TO STOP USING OUR WEB SITE.TO THE FULLEST EXTENT PERMISSIBLE BY LAW, X-EXPATS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. X-EXPATS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVERS THAT MAKE IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. X-EXPATS SHALL NOT BE LIABLE FOR YOUR USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL X-EXPATS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES, REGARDLESS OF TYPE RELATED TO THE USE OF THE WEB SITE, OR THE PURCHASE OF ANY PRODUCTS OR SERVICES ON THE WEB SITE, OR ANY WEB SITE LINKED FROM THE WEB SITE. ALL DAMAGES, OF EACH AND EVERY TYPE, ARE HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity:
You agree to defend, indemnify and hold us and our officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by you or any third party due to or arising out of your purchase of any product or service or your use of the Web Site in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions by you (including, without limitation, any breach of your representations and warranties set forth herein).
License:
For content that is covered by intellectual property rights, like words, photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Web Site ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
Links:
Our Web Site may contain links to web sites operated by third parties. While we provide links to these sites for your convenience, we do not control the persons or organizations who maintain these sites. We do not recommend or endorse the content of any third-party sites. Just as we cannot be held responsible for the content, accuracy or quality of information, or quality of services or products, provided by or advertised on our Web Site, we cannot be held responsible for the content, accuracy or quality of information, or quality of services or products, provided by or advertised on these third-party sites or the privacy practices of these third-party sites. Our Web Site has relationships with several third parties that may display advertisements and the like to you, and you acknowledge and agree that we have no control over the nature of such advertisements that may be displayed during your visit to our Web Site.
Advertising services:
We may use our own internal advertising server or reputable third party advertising services to present or serve website advertisements. These internal or third party advertising services may use cookies, web beacons, clear .gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness.
Fees and Payment:
We reserve the right to require payment of fees for certain or all products or services. You shall pay all applicable fees, as described on the Web Site in connection with such products or services selected by you. We reserve the right to change our price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Web Site. Use of the Web Site, or products or services by you following such notification constitutes your acceptance of any new or increased charges. Products or services may be offered for sale through this Web Site, but are managed, delivered, sold and accounted for by third parties and their terms and conditions for the purchase and sale of such products and services shall control.
COPYRIGHT DISPUTE POLICY:
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of our Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is our policy to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through our Web Site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is our policy:
- to remove or disable access to the infringing material;
- to notify the content provider, member or user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the Web Site.
- Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court in the County of New York, State of New York, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action exclusively in the Federal Courts of the County of New York, State of New York seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored after ten (10) business days or more after receipt of the counter-notice, at our discretion.
Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address:
X-Expats & Transnationals, LLC
12 Desbrosses Street
New York, NY 10013
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Privacy:
X-Expats takes your privacy very seriously. For further information about how we use and protect information collected on this Web Site, please view our Privacy Policy. If we become involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice to you before your personal information is transferred and becomes subject to a privacy policy of an acquiring entity.
Governing Law:
The laws of the State of New York, USA, without regard to its conflict of law rules, shall govern these Terms and Conditions for all matters arising from or relating to these Terms and Conditions or your use of this Web Site. YOU HEREBY EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS OF COMPETENT JURISDICTION IN THE COUNTY OF NEW YORK, AND STATE OF NEW YORK. You agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. Any cause of action or claim you may have with respect to this Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Miscellaneous:
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. Nothing contained in these Terms and Conditions is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by us with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. These Terms and Conditions, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy), constitute the entire understanding between you and X-Expats as to the use of the Web Site.
Questions:
Should you have any questions regarding these Terms and Conditions you may contact us at:
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Should you wish to terminate your account, you may do so in the account profile, or send an email to:
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These Terms and Conditions are effective and were last updated on September 1, 2009.
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