This website and other Internet websites (collectively, the "Site" or “Sites”) operated or controlled by XCI JV, LLC d/b/a The Mobile Authentication Taskforce and/or its subsidiaries and affiliates (collectively, “XCI”)may include content, text, information, advertising, data, audio/visual materials, "applets," and software (collectively, "Content"), as well as communication tools, access to email services (through XCI or other email providers), online directories, administrative services, download areas, discussion forums, search, account management tools, access to certain content (e.g., news, weather, stocks and sports), certain diagnostic tools, games and other information ("Services"). The Services may themselves contain Content, and Content and Services are sometimes collectively referred to as the "Resources".
If you access the Sites anonymously, you will not be required to create a user name. However, in order to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account. You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify immediately XCI of any unauthorized activity regarding any of your accounts or other breach of security. XCI may in its discretion suspend or terminate any of your user names and passwords at any time with or without notice.
You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Sites. Minimum systems requirements apply to the use of the Sites and it is your responsibility to ensure your computer system complies with these requirements. You agree that you are solely responsible for maintaining the security of your computer(s) and all personal and other data, including without limitation, encryption of data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE. XCI is not responsible for back-up or restoration of your information or for any loss of or disablement of access to your information. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over any XCI network and to distribute such content to multiple XCI servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any XCI server. We do not guarantee the protection of your content or data located on our servers or transmitted across any XCI network (or other networks) against loss, alteration or improper access.
You acknowledge and agree that XCI (a) is not responsible for invalid destinations or transmission errors; and (b) does not guarantee your ability to access all Sites or Resources or that the Resources are secure or will meet your needs.
You understand and agree that XCI (and its third party suppliers and licensors (collectively "Licensors")) have no control over third party networks or websites that you may access in the course of your use of the Sites. The inclusion of any linked sites or content from the Sites does not imply endorsement of the linked site or content by XCI. In no event shall XCI or Licensors be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's website, or the information or material accessed through such websites. Access to any of the third party websites linked to from any of the Sites is entirely at your own risk and is solely governed by the terms and policies applicable to third party websites, and not these Terms. Accordingly, you should carefully review the privacy and other policies and terms of such third party websites. In addition, certain areas of the Sites may contain Content from other users, and XCI and its Licensors assume no responsibility for the accuracy, quality, or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or similar Services reflecting user-generated content, and we do not endorse any advice or opinion contained therein. You acknowledge that through your use of certain areas of the Sites, you may have access to Content or information which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Sites by children is your responsibility and that XCI and its Licensors are not responsible for access by you or any other users to objectionable or offensive content. XCI STRONGLY RECOMMENDS THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE. You agree that your use of the Sites and the Internet, without limitation, is your sole responsibility, is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
If the use of a Site or Resource by you or anyone using your account, in XCI's sole discretion, violates these Terms or any other XCI agreement or policy, is objectionable or unlawful, or interferes with, disrupts or degrades the functioning or use of the Internet or the XCI network or other users then, without limiting any other right or remedy XCI may have, XCI may suspend, deny or restrict your access to any Site or Resource (and to take any other action XCI deems appropriate to protect XCI, our users and other Internet users). Without limiting the general policy stated above, you agree not to use the Sites (including by linking to the Sites), or any Resources, in any manner that:
Additional access and use restrictions may appear elsewhere on the Sites. In particular, forums, blogs or similar community-focused Sites or Resources may attach their own standards of conduct as is appropriate for the intended audience. You agree to abide by such additional restrictions. The Sites are intended solely for your private and personal use on your computer. Any other use or any attempt to use the Sites or Resources for commercial or other purposes is strictly prohibited.
While XCI is under no obligation to monitor the Sites or the Resources, you agree that XCI may monitor the Sites periodically to (1) comply with any applicable laws, rules, regulations or governmental requests; (2) to operate the Sites and Resources properly and/or efficiently, (3) to assist those using the Sites and Resources; or (4) to protect itself and its users. XCI reserves the right to modify, reject or eliminate any Content or Feedback that we, in our sole discretion, believe violates these Terms.
XCI expects that its users will from time to time use the Site or Resources to submit suggestions or comments about XCI 's products or services, including the Resources or Site. If you decide to transmit feedback, creative ideas, or materials, such as ideas for products, services, promotions, product names, technologies or processes, whether in the form of answers, questions, comments, suggestions, expressive works, plans, or otherwise (but excluding any completed software applications which shall be submitted in accordance with the last paragraph of this section) ("Creative Submissions"), via the Site(s) or Resources, XCI must protect its ability to pursue strategies or exploit ideas, whether coming from XCI's employees or from third parties, that may be the same or similar to the such submissions. By transmitting, uploading, posting or submitting any Creative Submissions, you hereby grant to XCI an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, unrestricted license to use, distribute, make, exploit, practice, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display, and authorize others to do so, all such Creative Submissions in any manner whatsoever, in any medium now known or later developed, without compensation, attribution or any obligation to you or to any other person or entity. You agree that XCI is not under any obligation of confidentiality or restriction, express or implied, with respect to the Creative Submissions or other feedback.
By transmitting, uploading, posting or submitting any information or material using the Sites (including, without limitation Creative Submissions; collectively, the "Submitted Material"), you represent and warrant that: (i) such Submitted Material is not confidential, secret or proprietary information belonging to someone else; (ii) such Submitted Material does not violate these Terms and will not cause injury to any person or entity; and (iii) no other party has rights in the Submitted Material, in whole or in part, and that your transmission, posting, uploading or submission of the information does not violate any copyright, intellectual property right or other laws or obligations you may have to any person or entity. You agree that you shall have no recourse against XCI, or its licensors, successors or assigns, for any alleged or actual infringement or misappropriation of any intellectual property right in Submitted Material or any portion thereof. XCI is not responsible for back-up or restoration of Submitted Material or for any loss of or disablement of access to your Submitted Material.
With respect to certain XCI initiatives that encourage third party developers to develop and submit completed software applications (such as "apps" or "widgets") for use by our customers, XCI may provide certain Site(s) or Resources that may allow you to submit such completed software applications to XCI. The license rights that you grant to XCI with respect to such submitted software applications will be solely as contained in an applicable separate agreement with XCI, or in separate license terms reflected in or references by the Site or Resource allowing for such submission. Copyright 2019 XCI JV, LLC d/b/a The Mobile Authentication Taskforce.
Filing a DMCA notice alleging copyright infringement:
Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on XCI 's systems or network should be promptly sent in the form of written notice to XCI 's Designated Agent:
XCI JV, LLC
Attn:Designated Agent for DMCA Notices
NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
It is the policy of XCI that upon receipt of a valid DMCA notice XCI will remove or disable access to allegedly infringing material.
NOTE: There are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).
Filing a DMCA counter-notification:
If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to XCI's Designated Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:
Upon receipt of a valid counter-notification, XCI will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten (10) days to notify XCI that it has filed a lawsuit relating to the allegedly infringing material otherwise XCI will restore the removed material or cease disabling access to it.
Repeat Infringer Policy
Pursuant to Section 512 of the DMCA, it is XCI’s policy to terminate the account of repeat copyright infringers in appropriate circumstances.
The XCI names and logos and all related product and service names, design marks and slogans are trademarks, service marks, registered trademarks or registered service marks of XCI and may not be used in any manner without the prior written consent of XCI. All other trademarks and service marks are the property of their respective owners.
Child pornography is illegal under federal law and many state laws, and using XCI services to view, store or distribute it is a violation of these Terms. To be clear, the XCI network may not be used by customers in any fashion for the transmission or dissemination of images containing child pornography.
XCI wants to make the Internet safe for everyone. If you see what you believe is child pornography, or observe any other illegal activity involving children, you can report it directly to the National Center for Missing and Exploited Children ("NCMEC") through CyberTipline or by calling NCMEC at 1-800-843-5678.
XCI AND ITS LICENSORS PROVIDE THE SITES AND RESOURCES "AS IS", "AS AVAILABLE "AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES IS WITH YOU. SHOULD THE SITES OR ANY RESOURCE BE DEFECTIVE, YOU, AND NOT XCI OR ITS LICENSORS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. XCI AND ITS LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITES AND RESOURCES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XCI AND ITS LICENSORS MAKE NO WARRANTY THAT THE SITES OR RESOURCES WILL MEET YOUR REQUIREMENTS OR THAT THE SITES OR RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY XCI, ITS AFFILIATES, LICENSORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. XCI AND ITS LICENSORS MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR RESOURCES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES OR RESOURCES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES OR RESOURCES OR FROM XCI OR ITS SUPPLIERS OR LICENSORS (OR THE RESPECTIVE OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE XCI PARTIES") SHALL CREATE ANY WARRANTY. THE XCI PARTIES DISCLAIMS ALL EQUITABLE INDEMNITIES.
IN NO EVENT WILL ANY OF THE XCI PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF USE OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES OR RESOURCES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY XCI PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless XCI Parties from and against all losses, expenses, damages and costs, including reasonable attorneys' and experts' fees, arising from or related to claims made by any third-party due to or arising out of (a) Submitted Material or any other content you (or any parties who use your computer, with or without your permission) submit, post or upload to or transmit through the Sites or Resources, (b) your use of the Sites or Resources (or use of the Sites or Resources by any parties who use your computer, with or without your permission), (c) your violation of these Terms and/or your violation of any laws or regulations or the rights of another through the use of the Sites or Resources (or such violations by any parties who use your computer, with or without your permission). These indemnity obligations will survive termination of your relationship with the XCI Parties or your ceasing to use the Sites or Resources. The XCI Parties reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with the XCI Parties in asserting any available defenses.
Certain subsidiaries or affiliates of XCI only provide certain regulated telecommunications and other services in certain portions of the United States. If you choose to access any Site from outside the United States, you are responsible for compliance with all applicable laws, rules, regulations, decrees and orders (collectively, "Laws"). You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Sites and you agree that you shall not transfer, or authorize the transfer, of any Content to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Content may not be exported or re-exported, in violation of any Laws, (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using any Content subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All information posted on the site is subject to change without notice and XCI reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Sites or any part thereof to any user or group of users, without prior notice and for any reason or no reason. XCI reserves the right, from time to time, to amend or change these Terms (including any of the policies which may be applicable to your use of the Sites) by posting such revisions to the page located in this section (or successor web site). You agree to visit that Web site periodically to be aware of and review any such revisions. Changes to these Terms shall be effective upon posting, and you understand and agree that if you use the Services after the date on which the Terms have changed, XCI will treat your use of the Services as acceptance of the updated Terms, with prospective effect.
These Terms, together with (i) any additional terms to which you agree when using particular elements of a given Site, and, where applicable, (ii) any separate written or electronic agreement between you and XCI, constitute the entire and exclusive and final statement of the agreement between you and XCI with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and XCI with respect to such subject matter. XCI's failure to exercise or enforce any provision of these Terms shall not constitute a waiver of such provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. You agree that these Terms shall be governed and construed in accordance with the laws of the State of New York, and any legal action or proceeding between XCI and you for any purpose concerning these Terms shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York. XCI may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without our written consent. These Terms do not provide any third party (other than the XCI Parties) with a remedy, claim, or right of reimbursement.