Terms & Conditions
xm7digital.com may modify this Agreement from time to time and such modification shall be effective upon posting by xm7digital.com on the xm7digital.com Website. You agree to be bound to any changes to this Agreement when you use the xm7digital.com Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on xm7digital.com and that you provide to other Users. Your xm7digital.com profile may not include the following items: any photographs containing nudity, or illegal, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other xm7digital.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and xm7digital.com assumes no responsibility or liability for this material. If you become aware of misuse of the xm7digital.com Services by any person, please contact firstname.lastname@example.org.
xm7digital.com reserves the right, in its sole discretion, to edit, reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the xm7digital.com Services at any time, for any or no reason, with or without prior notice, and without liability. xm7digital.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of xm7digital.com Services if xm7digital.com determines, in its sole discretion, that you pose a threat to xm7digital.com and/or its Users.
Eligibility. Use of the xm7digital.com Services is void where prohibited. By using the xm7digital.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the xm7digital.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
Term. This Agreement shall remain in full force and effect while you use the xm7digital.com Services. Currently, xm7digital Services are offered Free Of Charge.
Fees. Use of the xm7digital.com services is currently free of charge but may not always remain that way. You acknowledge that xm7digital.com reserves the right to charge for the xm7digital.com Services and to change its fees from time to time in its discretion.
Non-commercial Use by Users. The xm7digital.com Services are for the personal use ONLY and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by xm7digital.com. Illegal and/or unauthorized use of the xm7digital.com Services, including collecting data by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the xm7digital.com Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in punitive action. Appropriate legal action will be taken for any illegal or unauthorized use of the xm7digital.com Services.
Content/Prohibited Activity. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the xm7digital.com Services. xm7digital.com reserves the right to investigate and take appropriate legal action against anyone who, in xm7digital.com’s sole discretion, violates this provision, including without limitation, removing the offending communication from the xm7digital.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of xm7digital.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the xm7digital.com Website and through your use of the xm7digital.com Services. xm7digital.com reserves the right to investigate and take appropriate legal action against anyone who, in xm7digital.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the xm7digital.com Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the xm7digital.com Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, xm7digital.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which xm7digital.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the xm7digital.com Services, you acknowledge that you will have caused substantial harm to xm7digital.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay xm7digital.com $50 for each such unsolicited email or other unsolicited communication you send through the xm7digital.com Services;
- covering or obscuring the banner advertisements on your personal profile page, or any xm7digital.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the xm7digital.com Services or the networks or services connected to the xm7digital.com Services;
- attempting to impersonate another Member or person;
- for band profiles, copying the code for your xm7digital.com Player and embedding it into other profiles or asking other Members to embed it into their profiles;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the xm7digital.com Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the xm7digital.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “Top 8” friends, or sending private messages with a commercial purpose; or
- using the xm7digital.com Services in a manner inconsistent with any and all applicable laws and regulations.
Limitation on Liability. IN NO EVENT SHALL xm7digital.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF xm7digital.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, xm7digital.com’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO xm7digital.com FOR THE xm7digital.com SERVICES DURING THE TERM OF MEMBERSHIP