These Terms of Use govern your access and use of the website located at www.xmedia.com (the “Website”). This Website is maintained and operated by Crossmedia, Inc. (“Crossmedia”, “we”, “our” or “us”).
YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS OF USE (THE “TERMS OF USE”) AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF USE SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE.
Authorized Use of Website: This Website is provided for your personal use and for informational purposes only. Any other use of the Website requires the prior written consent of Crossmedia.
Client Login: Certain parts of the Website are only for access by Crossmedia clients using credentials provided by Crossmedia to access your account. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. We may suspend or terminate your access at any time with or without notice. In addition to these Terms of Use, your use of the client section is also subject to any other written agreement between you and Crossmedia, which agreement shall prevail in the event of a conflict with these Terms of Use.
Unauthorized Use of Website: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website to any third party without our prior written consent.
Proprietary Rights: Crossmedia is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Crossmedia to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms of Use are reserved by Crossmedia.
No Ideas Accepted: We do not accept any unsolicited ideas including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Crossmedia an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
Advertising Of Cannabis And CBD Products: As part of its XM Grows unit, Crossmedia may accept and place advertising for cannabis and CBD products. As part of this initiative, Crossmedia will always endeavor to comply with applicable federal, state, and local laws regarding cannabis and CBD products, and will only work with advertisers that it believes abide by the same high standards. Crossmedia will only accept advertising that is legal in its applicable jurisdiction, nor will it accept or place advertising that targets minors or depicts excessive or otherwise inappropriate cannabis use. In addition, Crossmedia strives to ensure that any and all cannabis-related claims are true and accurate, and will not run advertising that makes health claims in connection with cannabis or CBD use. Crossmedia’s placement of cannabis and CBD advertising should in no way be construed as an endorsement of cannabis or CBD use or of any medical or health benefits of either. Always use cannabis and CBD products responsibly; consult a healthcare professional before using any product and check your local laws before making any purchasing decisions.
Links: This Website may contain links to other Websites not maintained by Crossmedia. Other Websites may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the Terms of Use and privacy statements of each and every Website that you visit. We are not responsible for the practices or the content of such other Websites.
No Warranties: WE USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, HOWEVER, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. CROSSMEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CROSSMEDIA DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CROSSMEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, CROSSMEDIA SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL CROSSMEDIA BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CROSSMEDIA BE LIABLE FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE, EACH OF WHICH, TO THE FULLEST EXTENT PERMITTED BY LAW, IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Changes: All information posted on the Website is subject to change without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them on the Website and such changes will apply to any use of the Website going forward. You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.
Indemnification: You agree to indemnify, defend and hold harmless Crossmedia, its employees, directors, officers, agents, business partners, parents, subsidiaries, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms of Use or applicable law.
Severability: If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Waiver; Remedies: The failure of Crossmedia to partially or fully exercise any rights or the waiver of Crossmedia of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Crossmedia or be deemed a waiver by Crossmedia of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Crossmedia under these Terms of Use and any other applicable agreement between you and Crossmedia shall be cumulative, and the exercise of any such right or remedy shall not limit Crossmedia’s right to exercise any other right or remedy.
Privacy: Use of the Website is also governed by our privacy policy, located here.
Governing Law; Venue: THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THESE TERMS OF USE. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS.
Questions: Should you have any questions regarding these Terms of Use you may contact us at legal@xmedia.com.
These Terms of Use were last updated on April 2, 2019.
