Terms of Use

1. Site Information

   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.

2. Intellectual Property

   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.

3. 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.

4. 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 regarding their own Terms of Use before going through the website. XD is 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.

5. 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 and emails are part of the Content and will be subject to these Terms of Use. In 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 changes to this privacy policy. User may ask XD to not make any future contact at any 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.

6. Cookies Use

   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.

7. Site Content. 

   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 or otherwise.

8. Warranty

   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.

9. Prohibitions

   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, including these Terms of Use or any copyright or proprietary notice in the Site.

10. Indemnity.

    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 on the Site or any breach by User of the Terms of Use contained herein.

11. 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.

12. Terms of Use Amendments.

    XD may review and change any or all of the Terms of Use at any time without 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. Any conflict between the Terms of Use and any terms of use posted in an area of the Site, the last ones shall prevail in relation to the use of that area of the Site by the User.

13. 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.

14. Severability.

    If any of the terms, limitations or exclusions of liability contained in the above Terms of Use are determined to be illegal, unenforceable 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 shall be removed and/or deleted from this Terms of Use, and such provision shall not affect the legality, enforceability, or validity of the remainder of these Terms of Use. If any provision or part thereof of these Terms of Use is removed and/or deleted in accordance with 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.

15. Entire Agreement.

    No authorization or waiver under these Terms of Use will be effective unless made in writing and executed by a duly authorized representative of XD.

16. Applicable Law.

    These Terms of Use shall be governed by the applicable laws of the State of Florida, United States of America.