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
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.
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.
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.
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:
you do not have the right to post, including proprietary material of or personal or private information concerning any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Xykast Service;
solicits funds, advertisers or sponsors;
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:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the web 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; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Web site can be reached as follows:
c/o NETTWERK 9, Inc.
601 East Charleston Blvd
Las Vegas, NV 89104
By email: firstname.lastname@example.org
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 email@example.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.
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.
N9 provides a mechanism for your feedback about the Web site and/or the Software at firstname.lastname@example.org. 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.
Last updated: July 8, 2011.
© 2005-2012 NETTWERK 9, Inc.