Xpollen

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Xpollen Terms & Conditions

XPOLLEN Terms of Service
The terms and conditions set forth below (the “Terms”) govern your use of this site on the world wide web (the “site”) of Xpollen, from Xpollen, Inc. and are legally binding on you. If you do not agree with any of these terms, do not access or otherwise use this site and/or the services or any information contained on the site. Your use of this site and/or the services on this site shall be deemed to be your agreement to abide by each of the terms set forth below. Furthermore, you agree that XPOLLEN may make changes to the services offered on this site, at any time without notice, and can revise these terms at any time. We will notify you of such revisions by posting an updated version of these terms on the site. You are responsible for regularly reviewing these terms. Your continued use of the site and/or the services shall constitute your consent to such changes.
General Use Restrictions
All information, documents and Services provided on this Site, including trademarks, logos, graphics and images (the "Personal Requests") are provided to you by XPOLLEN. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Personal Requests on any legal basis.
XPOLLEN grants you the limited right to display the Personal Requests only on your personal computer, and to copy and download the Personal Requests displayed on this Site, provided that: (1) both the XPOLLEN copyright notice (set forth below) and this permission notice appear in the Personal Requests so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Personal Requests in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and XPOLLEN may terminate your access to this Site and/or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Personal Requests and cease using the Site and/or the Services.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (e) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If XPOLLEN becomes aware of any of the foregoing activities, XPOLLEN may investigate and may respond, and when appropriate, XPOLLEN may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that XPOLLEN expressly prohibits and you agree not to:
Provide any false or misleading information about your identity or offers provided by you to XPOLLEN in relation to your use of or access to the Site and/or Services; 
Post any false or inaccurate Submissions (defined below) or information; 
Use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person. 
Post any Submissions or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable. 
Harass, stalk, or otherwise subject any other user of the Site and/or Services to unwanted and/or inappropriate contact. 
Post any offer or business opportunity which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise or distributorship arrangement. 
Use the Site, Services and/or Personal Requests for any purpose other than to identify customer opportunities and to provide specific offers that you intend to fulfill. 
Send unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes and/or advertise any products or services either by directly posting on the Site or within the Services or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication. 
Make any changes, additions and/or deletions to any Submissions posted by any user with out the express written authorization of such other user. 
Take any action that imposes an unreasonable or disproportionately large burden on Site's infrastructure. 
Include any hyperlinks or any misleading, irrelevant and/or hidden keywords in any Submissions posted by you. 
Frame or link to the Site of any of the content or information available from the Site unless XPOLLEN expressly consents to such linking and/or framing. 
Intentionally expose the Site and/or Service to any computer virus or any other program or code intended to disrupt or disable to operations of the Site and/or Service; 
Use any robot, spider or other program or device to retrieve or index any portion of the XPOLLEN Site; 
Harvest or otherwise collect information about other users for any purpose other than use of the Site and/or Services as expressly permitted herein. 
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. XPOLLEN reserves the right to terminate our relationship with you under these Terms and prohibit your access to the Site and/or Services or to edit, remove or close any Submission for any reason, including, without limitation, any action that XPOLLEN, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any user. 
The foregoing prohibitions do not impose on XPOLLEN, and XPOLLEN does not assume, any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other member. You hereby acknowledge and agree that you may be exposed to content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU, ANY OTHER MEMBER OR ANY INDIVIDUAL CONSUMER EXPRESS THE VIEWS OF THE AUTHOR NOR XPOLLEN WILL BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to the Site and Services is undertaken at you own risk and XPOLLEN is not responsible for any offensive or otherwise objectionable Personal Requests that may be posted by any third party.
Account Registration and Password Protection
Prior to gaining access to Services on the Site, XPOLLEN will require you to set up a user name and password (the "Password(s)"). You agree to comply with the procedures specified by XPOLLEN from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by XPOLLEN at any time, including upon the misuse of any and the reissuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform XPOLLEN immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.
Third Party Content
Third parties may provide certain information and content to XPOLLEN ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. XPOLLEN DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Links To Third Party Sites
This Site may provide links to other Web sites or resources over which XPOLLEN does not have control ("External Web Sites"). Such links do not constitute an endorsement by XPOLLEN of those External Web Sites. You acknowledge that XPOLLEN is providing these links to you only as a convenience, and further agree that XPOLLEN is not responsible for the content of such External Web Sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.
Privacy Policy
Your use of the Site is governed by the XPOLLEN Privacy Policy that is available at http://www.xpollen.com/privacy.html (the "Privacy Policy").
Offers (Submissions)
You acknowledge that you are responsible for the information and Personal Requests that you submit to the Site (each a "Submission"), and that you, and not XPOLLEN, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that XPOLLEN shall be free to use or disseminate a Submission to interested consumers requesting such information on an unrestricted basis for any purpose. If you submit information to the Site, you grant XPOLLEN a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and distribute the Submission. No information you submit shall be deemed confidential. However, XPOLLEN agrees to use your information in accordance with XPOLLEN's Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO XPOLLEN. Notwithstanding the foregoing, you hereby assign to XPOLLEN all right, title and interest in and to any new feature that you may suggest or submit to XPOLLEN and you acknowledge and agree that XPOLLEN may use such suggestion or submission in any manner, including, without limitation, to develop features for the Site.
Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of XPOLLEN or others used on this Site and in the Services are the property of XPOLLEN or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of XPOLLEN or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Personal Requests appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of XPOLLEN, Copyright © 2008, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Indemnification
You agree to defend, indemnify and hold harmless XPOLLEN and its affiliates, consultants, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site and/or the Services or breach of these Terms.
Disclaimer of Warranty
You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Personal Requests. You acknowledge that the requests have not been independently verified or authenticated in whole or in part by XPOLLEN, and agree that XPOLLEN does not warrant the accuracy or timeliness of the requests and further agree that XPOLLEN has no liability for any errors or omissions in the Personal Requests, whether provided by XPOLLEN or its licensors.
XPOLLEN, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE PERSONAL REQUESTS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. XPOLLEN PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.
Limitation of Liability
NEITHER XPOLLEN NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE PERSONAL REQUESTS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF XPOLLEN WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Copyright Agents
XPOLLEN respects the intellectual property of others, and we ask that you do the same. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement and appears on this Site, please provide OUR copyright agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 
a description of the copyrighted work that you claim has been infringed; 
a description of where the material that you claim is infringing is located on the Site; 
your address, telephone number, and email address; 
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 
Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
By email: info@xpollen.net
Subject Line: Attn: Copyright Agent

General
XPOLLEN controls and operates this Site from its headquarters in the United States and makes no representation that the Services or the Personal Requests are appropriate or will be available for use in locations other than the United States. If you use this Site or the Services from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Personal Requests. These Terms will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Santa Clara county, California. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of XPOLLEN to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by XPOLLEN in writing. No joint venture, partnership, employment or agency relationship exists between you and XPOLLEN. These Terms comprise the entire agreement between you and XPOLLEN and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

(rev:11/28/2008)

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