Xceed Terms of Service
Revised March 1st, 2012
Welcome! By using Xceed's web site or other Xceed services, you understand and agree to the following terms and conditions:
Changes to these terms of service
- Xceed software products are licensed according to the terms and conditions of the Xceed Software License Agreement, which you must read and agree to in order to have the right to download and/or use an Xceed software product.
- Any software or content that you can download or view from this site that is identified as being provided by a third party is to be downloaded, viewed or used at your own risk.
- Xceed collects information about your visit and may request and store personal information about you on our servers. Please see the Xceed Privacy Statement for more information. You agree that Xceed may use this information according to this privacy statement.
- You may not use Xceed's web site or other Xceed services to sell a product or service, or to increase traffic to your Web site, without first obtaining express permission from Xceed.
- You may not send automated queries of any sort to Xceed's web site or systems without express persmission in advance from Xceed. RSS readers accessing RSS feeds that Xceed has made available for public consumption are permitted to access the site, and to do so every 60 minutes or more. Major search engines may index the web site, but must conform to any robots.txt parameters found.
- Xceed disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on this web site. Xceed disclaims any responsibility for any harm resulting from downloading or accessing of any information or material on this web site.
- Xceed provides all materials, information, products and services on an "AS IS" basis, with no warranties whatsoever. Xceed and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Xceed and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of any materials, information, products and services provided.
- Under no circumstances shall Xceed or its licensors be liable to any user on account of that user's use or misuse of, or reliance on any materials, information, products or services obtained from this web site. This limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if Xceed or its licensors have been advised of the possibility of such damages.
- These Terms of Service will be governed by and construed in accordance with the laws of the province of Quebec, Canada. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforcable, the remainder of the Terms of Service will continue in full force and effect.
- Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Xceed.
- Communications with third parties through Xceed's web site or other services. Your dealings or communications through Xceed's web site, or other services, with any party other than Xceed are solely between you and that third party. For example, certain areas of Xceed's web site may allow you to conduct transactions or purchase goods or services, with transactions conducted by our third-party partners. Under no circumstances will Xceed be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
- Certain areas of Xceed's web site may require registration. If you become a member or join, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Xceed web site using your name, in whole or in part. Xceed reserves the right to terminate membership and deny access to the site to any person who violates any of these Terms of Service.
- By placing material on, or communicating with Xceed, including for example communication during registration, communication on any Xceed bulletin board, forum, message or chat area, posting any images, entering sweepstakes, etc., you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant Xceed, its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us, in any form, media, software or technology of any kind. You also grant Xceed the right to associate your name in connection with this material, and the right to use the material, information, ideas, concepts, know-how or techniques for any purpose whatsoever, including, but not limited to developing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
- Interactive areas such as message boards, forums and chat areas are provided to give Xceed users an interesting forum to communicate with other Xceed users for sharing ideas and information about Xceed products or services. Xceed cannot and can not, on a timely basis, monitor all of the material posted or transmitted by users. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.
- Xceed reserves the right to delete, move or edit any communications in interactive areas at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
- Do not post material in interactive areas that contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate. Do not post defamatory, threatening, disparaging, deceptive, fraudulent material or information. Do not post material that violates the privacy rights of any third party, is harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
- Do not post material in interactive areas that violates any right of Xceed or any third party, nor material that violates any municipal, provincial, state or federal law, rile, regulation or ordinance, or attemps to encourage such an evasion or violation.
- Do not post material that discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- Do not post material that advertises, promotes or offers to trade any goods or services, except in areas specicically designated for such purpose.
- Do not submit harmful, disruptive or destructive files.
- Do not post material that "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
Changes to previous terms of service
- These terms of service may be modified from time to time, for any reason, and without notice.
- New terms of service changes will be summarized in the section below and kept there for at least a year.
- The version of these terms of service will be identified at the top of this page by the revision date.
- Changes from the December 18, 2006 revision: only the revision date.