January 11, 2008.
Welcome to Xdays2NewMe.com.
The use of XDays2NewMe and all related websites and services (collectively called website or the website) is subject to the following terms and conditions. By accessing and using the website you (the “User”) signify that you have read, understood and agree to be bound by these Terms of Use, whether or not you are a registered member of the website. XDays2NewMe can change these terms at a later date and if modifications are made (which will most likely be minor) the date of the modification will be indicated at the top of this document. You should periodically check this document for such changes since use of this site indicates that you agree to the current version of this document.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES.
This website is intended for users who are thirteen (13) years of age or older. Children under 13 are unauthorized and unlicensed to this website. Solicitors and people, interested in anything other than using the services provided by this website while fully abiding by the terms and conditions, are not eligible to become members of this website and are in violation of these Terms of Use.
You agree to provide accurate information while signing up (registering) for membership at this website. You are responsible for maintaining the confidentiality of your profile and password and for all activities that occur under your account. You agree to NOT register more than once.
We care about your privacy. Click here to view our Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
Xdays2NewMe reserves the right to terminate your membership, delete your profile and any content or information that you have posted on this website and/or prohibit you from using or accessing this website for any reason at any time in its sole discretion, with or without notice. You may request termination of your account by contacting us with a written request.
XDays2NewMe grants you a limited license to access and make personal use of the Website and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of XDays2NewMe. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of XDays2NewMe. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of XDays2NewMe without our express written consent. You may not use any meta tags or any other hidden text utilizing XDays2NewMe name or trademarks without the express written consent of XDays2NewMe. Any unauthorized use terminates the permission or license granted by XDays2NewMe.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray XDays2NewMe, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any XDays2NewMe logo or other proprietary graphic or trademark as part of the link without express written permission.
Users of the website expressly agree that use of the website is at the user's sole risk. Xdays2newme, its employees, and affiliates does not guarantee uninterrupted or error-free service of the website. Additionally, the website does not guarantee the authenticity, accuracy, reliability or currency of any information, content, service provided by xdays2new or its affiliates.
Xdays2NewMe prohibits using, posting or transmitting through the website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including any that encourages violation of local, state, national, or international law or regulation. If Xdays2NewMe is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, Xdays2NewMe may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. Xdays2NewMe may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of Xdays2NewMe, its Users or affiliates. Xdays2NewMe reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, or any rights of Xdays2NewMe or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Xdays2NewMe nor its affiliates can ensure prompt removal of questionable content after online posting. Accordingly, neither Xdays2NewMe, nor its affiliates shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.
In addition, you agree not to use the website to:
Any opinions, advice, statements, services, offers provided by users, affiliates, providers or XDays2NewMe are solely the ownership of the source and not of XDays2NewMe. XDays2NewMe does not endorse any content or information provided by anyone other than authorized employees of XDays2NewMe including all links provided by Xdays2NewMe that point to third-party sites.
By posting content on this website, you grant us authority and direct us to store and make copies such that your content may be distributed to other users throughout the world. In other words you grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, transferable license to use, copy, publicly display, reformat, translate and distribute such content at any time. You retain full ownership of all your User Content and may delete and request deletion of any content that you have ownership of with the knowledge that this website may retain archived copies of such content.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting any materials that violate another party's intellectual property rights. When we receive a proper Notification of Alleged Copyright Infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.
Copyright (c) 2008 Xdays2NewMe.com. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to O-O Designers, Inc. or its content suppliers and are protected by United States and international copyright law. Xdays2NewMe enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
XDAYS2NEWME®, the related logos and other marks indicated on our Website are the exclusive property and trademarks of O-O Desginers Inc. Xdays2NewMe reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by Xdays2NewMe that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Xdays2NewMe.
Users of the website expressly agree that use of the website is at the user's sole risk. Xdays2newme, its employees, and affiliates does not guarantee uninterrupted or error-free service of the website. Additionally, the website does not guarantee the authenticity, accuracy, reliability or currency of any information, content, service provided by xdays2new or its affiliates.
THE WEBSITE IS PROVIDED BY XDAYS2NEWME ON AN "AS IS" AND "AS AVAILABLE" BASIS. XDAYS2NEWME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, XDAYS2NEWME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL XDAYS2NEWME OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF XDAYS2NEWME IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL XDAYS2NEWME' LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY XDAYS2NEWME, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall Xdays2NewMe or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website.
The Website is created and controlled by Xdays2NewMe in the State of Texas. As such, the laws of the State of Texas will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Xdays2NewMe reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of Texas for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts and agrees not to plead or claim in any Texas court that such litigation brought therein has been brought in an inconvenient forum.
You agree to defend, indemnify, and hold Xdays2NewMe and affiliates harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.