Terms of Use      Privacy Policy      End User License Agreement

Xykast® Terms of Use

Welcome to NETTWERK 9, Inc. (“N9”) and the Xykast® Web site. Please read the following Terms of Use carefully before using the Xykast Service or ordering or downloading any of our products, so that you are aware of your legal rights and obligations with respect to N9.

By using the Web site, downloading or purchasing software or other products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. N9 has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Web site shall be deemed irrevocable acceptance of those revisions.

We reserve the right to change, modify, suspend or discontinue any portion of the Web site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Web site without notice or liability.

If you do not agree to these terms, you should not review information or obtain or download goods or products from the Xykast Service. 

Use of Xykast® Software

The Xykast® Web site (www.xykast.com) and the XykastPhone® are the copyrighted work of N9. Use of the Software is governed by the terms of a separate end user license agreement that accompanies such Software and is also referenced on the Xykast Service. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Web site.

Currently, N9 is making the Software and Xykast® service, including all features, available at no charge to you. In the future, N9 may begin charging for the Software and Xykast® service. N9 will provide advance notice on the Web site prior to implementing any such change.

Representations Concerning Age

We do not offer or provide products and services for children.  If you are under 14, you may not use our Web site or our Software.  Accordingly, you represent and warrant that you are either: (a) at least eighteen (18) years old, or (b) the parent or guardian of a child at least fourteen (14) years old and on whose behalf you are agreeing to these Terms of Use (a “Minor User”).  If you are a parent or guardian of a Minor User, you agree that you are responsible for the acts or omissions of such Minor User, you agree that the Terms of Use govern the use of the Web site by such Minor User, and you are responsible for ensuring that the Minor User complies with the Terms of Use.

Access To The Xykast Service

To access the Xykast service or some of the resources it has to offer, you may be asked to provide certain registration details or other information.  As a condition of your use of this Service all the information you provide must be correct, current, and complete.  If N9 believes the information you provide is not correct, current, or complete, N9 has the right to refuse you access to the Xykast Service or any of its resources, and to terminate or suspend your access at any time.

Restrictions On Use

You may use the Xykast Service for purposes expressly permitted by the Xykast Service.  You may not use the Xykast Service for any other purpose, including any commercial purpose, without N9’s express prior written consent.  You agree to cooperate with N9 in causing any unauthorized use immediately to cease.

Proprietary Information

The material and content accessible from the Xykast Service, and any other web property owned, operated, licensed, or controlled by N9 (the “Content”) is the proprietary information of N9 or the party that provided the Content to N9, and N9 or the party that provided the Content to N9 retains all right, title, and interest in the Content.  Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of N9, except that you may print out a copy of the Content solely for your personal use.  In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.  Modification or use of the Content except as expressly provided in these Terms of Use violates N9’s intellectual property rights.  Neither title nor intellectual property rights are transferred to you by access to the Xykast Service. 

Submissions

N9 will treat any personal information that you submit through the Xykast Service in accordance with its Privacy Policy http://www.xykast.com/legal2.html

Images

You understand that by using the XykastPhone application with a webcam or other photographic or video device, you will transmit images to third party users. By such use, you hereby permit such users to take your photograph or create other still images from the content you transmit (“Images”). You hereby release, discharge and agree to hold harmless N9 and any users, from and against any and all claims and demands, including but not limited to, any claims for copyright infringement, defamation, invasion of privacy or right of publicity, arising out of or in connection with any use of the Images.
 

Information Exchange

From time to time, N9 may provide you with the ability to post and exchange information to allow you to share ideas and information of mutual interest, like our "User Forums". N9 cannot and does not monitor all of the material posted or transmitted by users. You are advised to use your best judgment when choosing to participate in any information sharing activity. Any disclosures made through the Web site should only be made after reviewing and agreeing to the Privacy Policy found at http://www.xykast.com/legal2.html. N9 does not make any representation concerning the accuracy or completeness of any information supplied by users of the Xykast Service. N9 assumes no responsibility to screen or review such Content. N9 shall have the right, but not the obligation, in its sole discretion to refuse, monitor, or remove any Content that is available through the Xykast Service. N9 expressly disclaims all responsibility or liability to any person or entity for the performance or nonperformance of the Content review. THE CONTENT FOUND ON THE XYKAST SERVICE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL CONTENT BEFORE RELYING ON IT.

Disclaimer

You understand that N9 cannot and does not guarantee or warrant that files available for downloading (like our XykastPhone Installer) from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Xykast Service for the reconstruction of any lost data.  N9 does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by N9.  Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment.  Information obtained by using the Xykast Service is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. 

YOUR USE OF THE XYKAST SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, N9 AND ITS LICENSORS SPECIFICALLY DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES WITH RESPECT TO THE WEB SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. N9 EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY OTHER USER WHO USES THE SERVICE. N9 MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE XYKAST SERVICE WILL BE ACCURATE OR RELIABLE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE XYKAST SERVICE REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE XYKAST SERVICE IS TO CEASE TO USE THE XYKAST SERVICE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE. THEREFORE, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

All of the information in the Xykast Service, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Xykast Service, and N9 does not undertake any obligation to update such information after it is posted or to remove such information from the Xykast Service if it is not, or is no longer, accurate or complete.

Limitation On Liability

IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, WILL N9 OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITE, EVEN IF N9 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. N9 PROVIDES THE XYKAST SERVICE FOR YOU AT NO CHARGE. ACCORDINGLY, N9 AND ITS LICENSORS SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE XYKAST SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH WEB SITE IS TO CEASE USE OF THE WEB SITE.

Indemnity

You will indemnify and hold N9, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Xykast Service.

Trademarks

Trademarks, service marks, and logos appearing in the Xykast Service are the property of N9 or the party that provided the trademarks, service marks, and logos to N9.  N9 and any party that provided trademarks, service marks, and logos to N9 retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in the Xykast Service. 

Information You Provide

You agree to use the Xykast Service solely for lawful purposes. You may not transmit in connection with the Xykast Service any material that:

N9 reserves the right to monitor use of the Xykast Service to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason.  Notwithstanding these rights, you remain solely responsible for the content of your submissions.  You acknowledge and agree that neither N9 nor any third party that provides Content to N9 will assume or have any liability for any action or inaction by N9 or such third party with respect to any submission.

Copyrights and Copyright Agent

We respect the intellectual property of others, and we ask you to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

Our  Copyright Agent for Notice of claims of copyright infringement on the Web site can be reached as follows:

By mail:

Copyright Agent
c/o NETTWERK 9, Inc.
601 East Charleston Blvd
Suite “100”
Las Vegas, NV 89104

By email: copyright@nettwerk9.com

Security

Any passwords used for the Xykast Service are for individual use only. You will be responsible for the security of your password (if any).  N9 will be entitled to monitor your password and, at its discretion, require you to change it.  You agree to immediately notify the Company at feedback@nettwerk9.com in the event that: (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Xykast Service.   If you use a password that N9 considers insecure, we will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with the Xykast Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, N9 reserves the right to release your details to system administrators at other Web sites in order to assist them in resolving security incidents.  N9 reserves the right to investigate suspected violations of these Terms of Use.

N9 reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing N9 to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.  BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS N9 FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY N9 DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER N9 OR LAW ENFORCEMENT AUTHORITIES.

Information and Press Releases

The Web site contains information and press releases about us.  While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases.  Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Feedback

N9 provides a mechanism for your feedback about the Web site and/or the Software at feedback@nettwerk9.com.  We may, in our sole discretion, use the feedback you provide in any way, including any future modifications of the Web site, Phone Application and/or advertising and promotional materials relating thereto. You hereby grant N9 a perpetual, worldwide, fully transferable, non-revocable, royalty-free license to use, modify, create derivative works from, distribute and display any information you provide in your feedback.

Termination

These Terms of Use may be terminated by us immediately and without notice if you fail to comply with any term or condition of the Terms of Use. Upon such termination, you must immediately cease using the Xykast Service. N9 reserves the right to discontinue the Xykast Service or any features or content accessible through the Site at any time with or without cause. Without limiting other remedies, N9 may limit, suspend, or terminate the Terms of Use and your use of the Xykast Service with immediate effect, if we believe that you are in breach of the Terms of Use, infringing a third party’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for any other reason, in N9’s sole discretion. We shall effect such termination by providing notice to you to the email address you have provided, and/or by preventing your access to the Xykast Service.

Representations

You represent and warrant that you are authorized to enter into these Terms of Use and to comply with their terms. Furthermore, you represent and warrant that you will at all times comply with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Xykast Service.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Nevada, United States of America, notwithstanding any principles of conflicts of law.  You specifically consent to personal jurisdiction in Nevada in connection with any dispute between you and N9 arising out of these Terms of Use or pertaining to the subject matter hereof.  The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Las Vegas, Nevada.  If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter.  Notwithstanding the foregoing, any additional terms and conditions on the Xykast Service will govern the items to which they pertain. N9 may revise these Terms of Use at any time by updating this posting.

 Terms of Use      Privacy Policy      End User License Agreement

Last updated: July 8, 2011.

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