1. ACCEPTANCE OF TERMS
Welcome to XLCampus.com! XLCampus.com provides its service to you, subject
to the following Terms of Service ("TOS"), which may be updated by
us from time to time without notice to you. You can review the most current
version of the TOS at any time at: http://www.xlcampus.com/help/default.asp?page=terms.
In addition, when using particular XLCampus.com services, you and XLCampus.com
shall be subject to any posted guidelines or rules applicable to such services
which may be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
XLCampus.com currently provides users with access to a rich collection of resources,
including, various communications tools, forums, shopping services, personalized
content and branded programming through its network of properties (the "Service").
You also understand and agree that the Service may include advertisements and
that these advertisements are necessary for XLCampus.com to provide the Service. Unless
explicitly stated otherwise, any new features that augment or enhance the current
Service, including the release of new XLCampus.com properties, shall be subject to
the TOS. You understand and agree that the Service is provided "AS-IS"
and that XLCampus.com assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
Please be aware that XLCampus.com has created certain areas on the Service that contain
adult or mature content. You must be at least 18 years of age to access and
view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or XLCampus.com has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete,
XLCampus.com has the right to suspend or terminate your account and refuse any
and all current or future use of the Service (or any portion thereof). XLCampus.com
is concerned about the safety and privacy of all its users, particularly children.
For this reason, parents of children under the age of 13 who wish to allow their
children access to the Service must create a XLCampus.com Family Account. When
you create a XLCampus.com Family Account and add your child to the account,
you certify that you are at least 18 years old and that you are the legal guardian
of the child/children listed on the XLCampus.com Family Account. By adding a
child to your XLCampus.com Family Account, you also give your child permission
to access all of the Services including, email, message boards, clubs, instant
messages and chat (among others). Please remember that the Service is designed
to appeal to a broad audience. Accordingly, as the legal guardian, it is your
responsibility to determine whether any of the Services and/or Content (as defined
in Section 6 below) are appropriate for your child.
Registration Data and certain other information about you is subject to our
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify XLCampus.com
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. XLCampus.com
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not XLCampus.com,
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. XLCampus.com does not control the Content
posted via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will XLCampus.com be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a XLCampus.com
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
f. upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are designated
for such purpose;
h. upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act in
a manner that negatively affects other users' ability to engage in real time
j. interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules of any national or
other securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that XLCampus.com does not pre-screen Content, but that XLCampus.com and
its designees shall have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Service. Without limiting
the foregoing, XLCampus.com and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content created by
XLCampus.com or submitted to XLCampus.com, including without limitation information in XLCampus.com
Message Boards, XLCampus.com Clubs, and in all other parts of the Service.
You acknowledge and agree that XLCampus.com may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal safety of
XLCampus.com, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
XLCampus.com does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the Service, you grant
XLCampus.com the following world-wide, royalty free and non-exclusive license(s), as
With respect to Content you submit or make available for inclusion on publicly
accessible areas of XLCampus.com Clubs and XLCampus.com Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content
on the Service solely for the purposes of providing and promoting the specific
XLCampus.com Club or XLCampus.com Group to which such Content was submitted or made available.
This license exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you remove or XLCampus.com removes
such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service other than XLCampus.com Clubs
or XLCampus.com Groups, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service solely for
the purpose for which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such Content on
the Service and will terminate at the time you remove or XLCampus.com removes such
Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service
other than XLCampus.com Clubs or XLCampus.com Groups, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format or medium
now known or later developed.
"Publicly accessible" areas of the Service are those areas of the
XLCampus.com network of properties that are intended by XLCampus.com to be available to the
general public. By way of example, publicly accessible areas of the Service
would include XLCampus.com Message Boards and portions of XLCampus.com Clubs and XLCampus.com
Groups that are open to both members and visitors. However, publicly accessible
areas of the Service would not include portions of XLCampus.com Clubs and XLCampus.com Groups
that are limited to members, XLCampus.com services intended for private communication
such as XLCampus.com Mail or XLCampus.com Messenger, or areas off of the XLCampus.com network of
properties such as portions of World Wide Web sites that are accessible through
XLCampus.com Webring but are not hosted or served by XLCampus.com.
You agree to indemnify and hold XLCampus.com, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due
to or arising out of Content you submit, post, transmit or make available through
the Service, your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that XLCampus.com may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days
that email messages, message board postings or other uploaded Content will be
retained by the Service, the maximum number of email messages that may be sent
from or received by an account on the Service, the maximum size of any email
message that may be sent from or received by an account on the Service, the
maximum disk space that will be allotted on XLCampus.com's servers on your behalf,
and the maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that XLCampus.com has no responsibility
or liability for the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You acknowledge that
XLCampus.com reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that XLCampus.com reserves the right to change
these general practices and limits at any time, in its sole discretion, with
or without notice.
12. MODIFICATIONS TO SERVICE
XLCampus.com reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that XLCampus.com shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
You agree that XLCampus.com, in its sole discretion, may terminate your password, account
(or any part thereof) or use of the Service, and remove and discard any Content
within the Service, for any reason, including, without limitation, for lack
of use or if XLCampus.com believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. XLCampus.com may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under any
provision of this TOS may be effected without prior notice, and acknowledge
and agree that XLCampus.com may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access
to such files or the Service. Further, you agree that XLCampus.com shall not be liable
to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that XLCampus.com shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because XLCampus.com has no control over such sites and
resources, you acknowledge and agree that XLCampus.com is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that XLCampus.com shall
not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such Content, goods or services available on or through any such site or
16. XLCampus.com'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by XLCampus.com or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
XLCampus.com grants you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided that you
do not (and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in
any manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the interface
that is provided by XLCampus.com for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. XLCampus.com EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
b. XLCampus.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XLCampus.com
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT XLCampus.com SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF XLCampus.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages,
alerts or other information from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections 17 and 18 again. They
go doubly for you. In addition, for this type of information particularly, the
phrase "Let the investor beware" is apt. The Service is provided for
informational purposes only, and no Content included in the Service is intended
for trading or investing purposes. XLCampus.com and its licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any information transmitted
or made available via the Service, and shall not be responsible or liable for
any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying notices
or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
XLCampus.com, the XLCampus.com logo and product and service names are trademarks
of XLCampus.com Inc. (the "XLCampus.com Marks"). Without XLCampus.com's
prior permission, you agree not to display or use in any manner, the XLCampus.com
23. COPYRIGHTS and COPYRIGHT AGENTS
XLCampus.com respects the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please provide XLCampus.com's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property 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 or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
By email: copyright@XLCampus.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and XLCampus.com and govern your
use of the Service, superceding any prior agreements between you and XLCampus.com.
You also may be subject to additional terms and conditions that may apply when
you use affiliate services, third-party content or third-party software. The
TOS and the relationship between you and XLCampus.com shall be governed by the laws
of the State of California without regard to its conflict of law provisions.
You and XLCampus.com agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Santa Clara, California. The failure
of XLCampus.com to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the TOS
is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS remain in
full force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
Please report any violations of the TOS to our Customer Care group.