Terms of Service

The XA Network, a 501 c 3 organization, welcomes you and asks you to review and agree to this Terms of Use Agreement (the “Agreement”) before using the network. The XA Network consists primarily of it’s website/network database, found at www.xanetwork.org.

YOU AGREE TO READ THIS AGREEMENT BEFORE USING THE XA NETWORK. THESE TERMS ARE ENTERED INTO BY AND BETWEEN XA NETWORK AND YOU, AND YOU ACCEPT THEM BY: (a) USING THE XA NETWORK WEB SITE IN ANY MANNER; AND/OR (b) ACKNOWLEDGING AGREEMENT WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE XA NETWORK.

1. DESCRIPTION OF SERVICE. The XA Network offers certain services to you on the XA Network, including building profiles, search queries, discussion forums, blogs, articles, zines, news, chapters, RSS aggregators, through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include appeals and/or advertisements and that these appeals/advertisements may be necessary for the XA Network to provide the Service. The XA Network reserves the right to refuse Service to any user.

2. REGISTRATION. In order to use certain parts of the Service, you must register and complete the XA Network’s registration screen. As part of the registration process, you agree: (a) to provide certain limited information about you as prompted by a registration process (such information to be current, complete and accurate); (b) to submit a valid e-mail address and select a password; (c) to be responsible for all uses of your account—whether or not you have authorized such use—and for maintaining the confidentiality of your password; (d) to notify XA Network immediately of any unauthorized use of your account; (e) that you are at least 16 years of age; and (f) to maintain and update this information as required to keep it current, complete and accurate. The information requested during the registration process shall be referred to as registration data (the “Registration Data”). You accept all risks of unauthorized access to Registration Data. The XA Network reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. The XA Network will not be held liable for any loss or damage for non-compliance with this Agreement.

3. USER CONDUCT. As part of the XA Network’s community of users, you will naturally agree to act responsibly and to treat other users with respect. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Service.

4. CONTENT. You are fully responsible for any data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”) you upload (as applicable), post, or otherwise transmit on or via the Service including, but not limited to forum posts, articles, news stories, blogs, personal or business information, and e-mail messages—and the consequences of any such Content. You agree not to post any Content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of others and are fully responsible for any Content that you do post. You understand and agree that the XA Network may review from time to time and delete any Content, including Content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of others. Content that is illegal or prohibited (“Prohibited Content”), includes, but is not limited to, Content that:

  • Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, defamatory, vulgar, pornographic, profane, indecent or otherwise objectionable.
  • Displays sexually explicit material of any kind.
  • Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.
  • Transmits or posts any unsolicited or unauthorized advertising, “spam,” junk mail, “chain letters,” “pyramid schemes,” etc.
  • Transmits or posts any Content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
  • Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users or the Service.
  • Collects, stores or solicits information about other users for commercial or unlawful purposes or engages in commercial activity such as contests, sweepstakes, etc. without the XA Network’s prior written consent.
  • Contains personally identifiable information about another individual that was published without their express consent.
  • Advertises any illegal services or the sale of any items prohibited or restricted by applicable law.
  • Has misleading email addresses or other manipulated identifiers to disguise its origin.

The XA Network does not claim ownership of the Content you submit or make available for inclusion on the Service and shall have no obligation of any kind with respect to such Content. Unless otherwise stated, you submit or make available for inclusion on the Service shall be deemed to be provided on a nonconfidential basis (“the Nonconfidential Content”). Some Content you submit or make available for inclusion on the Service may be governed by a separate agreement between you and the XA Network, such as an “Author’s Agreement” for original articles you write and submit to the XA Network for publication, which defines the license you grant to the XA Network for that Content. Unless governed by such a separate agreement between you and the XA Network, the XA Network shall be free to use or disseminate Nonconfidential Content on an unrestricted basis for any purpose, and you grant the XA Network an irrevocable, worldwide, royalty-free, nonexclusive license to use, copy, license, reproduce, modify, distribute, transmit, display, perform, adapt, resell, publish, and otherwise exploit such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among the XA Network, its parent organization and affiliates, and third-party providers of any Content that you may provide on the Service.

5. PRIVACY.  The XA Network (“XA Network” or “we”) believes your privacy is tremendously important. We have created this privacy statement in order to demonstrate our firm commitment to privacy. Below is our privacy policy spelled out in the necessary legal language. It describes how we collect and use your personal data. If you have any questions or comments regarding the XA Network’s privacy policy or its enforcement, please contact us at admin@xanetwork.org.

1. ABOUT THE XA NETWORK. The XA Network, which consists of the XA Network website/database system is owned and operated by the XA Network.

2. INFORMATION WE COLLECT. XA Network collects personal information when you register or edit your user account and when you use certain XA Network products or services.  WE WILL NEVER SELL, GIVE OR OTHERWISE MARKET YOUR EMAIL OR PERSONAL INFORMATION WITHOUT YOUR EXPRESS CONSENT TO DO SO.  The only circumstance in which this may occur is if information about you is requested by someone within the XA Network that is endeavoring to make a connection with you- in this case, the XA Network WILL NOT send this information, but will contact you and inform you that a request has been made.  You will then have the opportunity to consent to or deny this request.

The XA Network also automatically receives and records in our server logs and/or databases information sent by your browser, including but not limited to IP address, Web browser type, the request URL, a referring URL, access time, your user ID if you are signed in, when you sign in and out. We use this information for analysis and to replay traffic for load testing. The analysis enables us to better understand our traffic and usage patterns, which in turn helps us provide better service to our users. The information also helps us to identify and block individuals who abuse our Service, to revert or otherwise deal with such abuse, and to diagnose problems with our server and otherwise administer the Service.

3. COOKIES. A “cookie” is small amount of data that is sent to your browser from a Web server and stored on your computer’s hard drive. We may use cookies in parts of our Web site/s to allow you to log in and, optionally, to automatically remember your username and password.

By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you will be unable to use those Web site services that require cookies to participate.

4. USE OF INFORMATION. Of the personal information we collect, we consider any email addresses, physical addresses, phone numbers, passwords, and credit card numbers you submit to use to be highly private (the “Private Data”). Again, we will not sell, lease or exchange your Private Data to third parties except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:

  • We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
  • We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the XA Network’s Terms of Use, or as otherwise required by law.
  • We transfer information about you if the XA Network is acquired by or merged with another organization or company.

Only the personal information listed above is considered Private Data. Other personal information, such as your real name, username, website URL, and short bio, is considered simply Content, for which you grant the XA Network a license to share as may be necessary.  For example, we place your username and real name next to any posts you make in discussion forums to enable other users to know that you are the author of the posts, and show your Website URL and bio on your profile page, to enable other users to learn more about you.

5. PUBLIC AREAS. Our sites may make discussion forums, chat rooms, message boards, blogs, and/or news groups available to their users. Please remember that any information that is disclosed in these areas becomes public information. You should exercise caution when deciding to disclose your personal information.

6. LINKS TO OTHER WEBSITES. The XA Network Web sites may contain links to other Web sites. Please be aware that the XA Network is not responsible for the privacy practices of other sites our users choose to visit. If our users provide any information directly to parties other than the XA Network, different rules may apply to the use or disclosure of the personal information disclosed. We encourage you to investigate and ask questions before disclosing your personal information to third parties.

7. PRIVACY PROTECTION FOR CHILDREN. In compliance with the Children’s Online Privacy Protection Act (COPPA), we will not knowingly provide access to the XA Network to persons under the age of sixteen (16). If XA Network later learns that any member (the owner of a user account) is under the age of sixteen (13), we will take appropriate steps to remove the member’s information and postings from our Web sites and restrict that member from future access to their Artima Network account until they reach age 16.

8. OPT OUT. Our sites provide users the opportunity to opt-out of receiving communications from us. We give users the following options for removing their information from our database to not receive future communications or to no longer receive our service.

To unsubscribe from the XA Network or opt-in list, log in and edit your settings at:

www.xanetwork.org

Uncheck the checkboxes next to the lists/areas from which you’d like to unsubscribe. Unsubscribe requests will generally be acted upon within 48 to 72 hours.

9. CORRECT/UPDATE. You can change any information previously provided by logging in and editing your settings at:

www.xanetwork.org

We will use all reasonable efforts to ensure that your information is corrected in our records.

10. SECURITY PROCEDURES. The XA Network has implemented security measures to protect member information from loss, misuse and alteration. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.

11. CONSENT. This Privacy Policy is a part of the XA Network’s Terms of Use Agreement. By using the XA Network, users are using a service provided by the XA Network and they agree to be bound by the Terms of Use Agreement and this Privacy Policy. Some terms may be defined in the Terms of Use Agreement. This Privacy Policy only addresses activities from our servers.

12. NOTIFICATION OF CHANGES. If the XA Network changes its policy and seeks to use your personally identifiable information in a manner different from that stated at the time of collection, you will be notified via email or a system message visible on the XA Network Web sites. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a notice on our Web site notifying users of the change. In some cases where we post the notice, we will also email users who have opted to receive communications from us to notify them of the changes in our privacy practices. Your continued use of the XA Network following the posting of any amendment, modification or change shall constitute your acceptance thereof.

13. ORGANIZATION COLLECTING INFORMATION. The XA Network owns and operates the xanetwork.org domain. You may contact Artima at:

The XA Network
7338 S. Alton Way, Suite 16K
Centennial, CO  80112

All content within the XA Network of Web sites is proprietary to The XA Network, Inc.

6. COPYRIGHT.

Unless otherwise indicated, all Web site materials (including without limitation all articles, text, images, logos, software, and design) are the proprietary and copyrighted property of the XA Network, Inc. (“XA Network”) or its licensors.

These materials may be downloaded and printed (one machine readable copy and one print copy per page) for personal, noncommercial use only, provided that any material downloaded or printed remains intact and that all copies include the following notice in a clearly visible position: “Copyright © 2009 The XA Network, Inc. All rights reserved.”

Any other use of these materials (including reproduction for purposes other than described above, modification, distribution, republication, display or performance) for commercial or noncommercial purposes or for compensation of any kind without prior written permission from the XA Network is strictly prohibited. If you have questions about these terms, or would like information about licensing materials from the XA Network, please send e-mail to admin@xanetwork.org.

7. TERMINATION. The XA Network reserves the right to refuse service to anyone in its sole discretion. The XA Network may terminate your Service and remove any and all Information, Content, postings or communications at any time, without notice, for conduct that violates this Agreement.

8. ADVERTISEMENTS AND PROMOTIONS. The XA Network may, from time to time, run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than the XA Network found on or through an XA Network Web Site, 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. The XA Network is not 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 non-XA Network advertisers on an XA Network Web Site.

9. CONTENT PROVIDED VIA LINKS. You may find links to other Internet sites or resources on an XA Network Web Site. You acknowledge and agree that the XA Network 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. The XA Network will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss 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 resource.

10. MODIFICATION. WE RESERVE THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING THE AMENDED TERMS ON THE XA NETWORK. Your continued use of the XA Network indicates your acceptance of any amendments to the Agreement.

11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE XA NETWORK IS AT YOUR SOLE 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 FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE XA NETWORK ARE PROVIDED ON AN “AS IS” BASIS. THE XA NETWORK, ITS LICENSORS, ETC. EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER XA NETWORK NOR ITS LICENSORS, ETC. MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE XA NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE XA NETWORK, ITS LICENSORS, ETC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE XA NETWORK DOES NOT WARRANT THAT THE XA NETWORK OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMITTED BY LAW, THE XA NETWORK, ITS LICENSORS, ETC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE EVEN IF THE XA NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE REASONABLY FORESEEN THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR TORT. FURTHER, THE XA NETWORK SHALL HAVE NO LIABILITY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. TO THE EXTENT THAT ANY JURSIDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORITONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

13. INDEMNITY. You hereby agree, at your expense, to indemnify, defend and hold the XA Network and its affiliates, shareholders, officers, directors, agents, licensors, partners, employees and representatives harmless from and against any claim or demand, including any losses, costs, damages, liability, and/or expense made by a third party arising out of or relating to (a) your violation of rights of others, (b) your fraud or manipulation, or other breach of this Agreement, or (c) your use of the XA Network, any service, or software.

14. THE XA NETWORK TRADEMARKS NOTICE. The term “XA Network” and all graphic images associated with the site are trademarks or registered trademarks of The XA Network, Inc. All other company and/or product names may be trademarks or registered trademarks of their owners.

15. GENERAL TERMS. This Agreement is governed in all respects by the laws of the State of Maryland, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts, and you consent to the exclusive jurisdiction of such courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The XA Network’s failure to act with respect to a breach by you does not waive the XA Netwwork’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party’s successors and assigns. The XA Network shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the XA Network’s reasonable control. Any notice required or given to you under this Agreement shall be delivered by electronic mail at the e-mail address provided by you during registration.

16. SPECIAL ADMONITIONS FOR INTERNATIONAL USE. As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet 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 or use the Service.

17. ENTIRE UNDERSTANDING. This Agreement, together with the XA Network’s Privacy Policy and Copyright Notice constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The XA Network reserves the right to change this Agreement and the terms of the Privacy Policy and Copyright Notice from time to time. You understand and agree that you are solely responsible for reviewing the terms of this Agreement, the Privacy Policy and the Copyright Notice from time to time. Any continued use of any software or service by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended terms.