1. Acceptance of Terms of Use and Amendments
Each time you use or cause access to this web site, whether directly or indirectly and whether intentional or unintentional, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see this site’s Privacy Policy, which is incorporated into these Terms of Use by reference.
2. My Service
My web site and the services provided to you on and through my web site are provided on an “AS IS” basis. You agree that I exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. I shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations
In order to use some services on this web site (e.g., comments), you must provide a valid name and e-mail address. Such use represents explicit agreement to my Terms of Use and as may be modified by me from time to time and available here.
4. Privacy Policy
Personally identifiable information that I may collect (i.e., name and e-mail address used to post comments) is subject to the terms of my Privacy Policy.
5. Improper Use
You agree to immediately notify me of any unauthorized use of your name or e-mail address (i.e., comment spoofing).
6. Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing said Content. You agree that my web site may expose you to Content that may be objectionable or offensive. I shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not (a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, torturous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided here, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law; (b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; (c) collect or harvest any data about myself or users of this site; (d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, UCE, bulk e-mail, or any other form of unauthorized advertising without my prior verbal and written consent; (e) provide any Content that may give rise to my civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
Any content you provide that may be considered vulgar, obscene, offensive, objectionable, or pornographic, may be removed from the site at my sole discretion. I reserve the right to determine what is considered vulgar, obscene, offensive, objectionable, or pornographic in the context of this site.
7. Submission of Content on this Web Site
By providing any Content to my web site (e.g., comments or sending me an e-mail that I later post), (a) you agree to grant to me a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part, of said Content. Such license will apply with respect to any form, media, and technology known or later developed; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant me with the license set forth in this Section; (c) you acknowledge and agree that I shall have the right (but not obligation), in my sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
8. Third Party Services
Goods and services of third parties will not be advertised here, but I may recommend, promote, or make available third-party services as I deem appropriate. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. I shall not be liable or responsible in any manner for any dealings or interaction you may have with such third parties.
9. Indemnification
You agree to indemnify and hold me harmless, my company(ies) and their subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, friends, relatives, pets, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND I EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
I MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER I NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND VIA THE SERVICE AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT MY LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT I SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON OR THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights
I reserve all of my rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that I may have in my web site, its content, and the goods and services that may be provided, recommended, mentioned or otherwise made available. The use of my rights and property requires my prior written consent only as outlined in these Terms of Use and this site’s Copyright notice. I am providing you with implied and express licenses and rights by making services available to you as outlined in these Terms of Use and Copyright notice, but you will have no rights to make any commercial uses of my web site or service without my prior written consent.
Photographs and videos may not be used elsewhere without my prior written consent. You are granted license to download them only as is required for the use of this site, but no explicit or implicit authorization is given to use them for any other purpose, including on any other web site or other system/service that makes them available to anyone else. Hotlinking to photos or videos is strictly prohibited; you must link only to the original post on this site containing the item(s) you wish to share.
Derivative works of all non-photographic and non-video content are encouraged. The right to create such works is granted for non-commercial purposes as long as the new work provides a link to the original work on this site, including proper credit for the origin of the derivative work. My prior written consent is required before any derivative work may be created for commercial purposes.
Duplication in whole of any part of this site’s content, including photographs and text, is strictly prohibited. Duplication of text in part, such as quoting, is encouraged so long as a link back to the original work is included.
13. Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, my copyright agent may be contacted by utilizing the contact form provided on this site. Additional copyright agent contact information will be provided upon request.
14. Applicable Law
You agree that this Terms of Use and any dispute arising out of your use of this web site or my products or services shall be governed by and construed in accordance with the local laws governing the City of Jefferson in the County of Marion in the State of Texas in the United States of America, where the owner of this web site is located, without regard to its conflict of law provisions. By using this web site and service you consent and submit to the exclusive jurisdiction and venue of this specific jurisdiction (where the owner of this web site is located).
15. Miscellaneous Information
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any of that party’s right and that right will remain in full force and effect; (iii) You agree that without regard to any statute or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) I may assign my rights and obligations under this Terms of Use and I shall be relieved of any further obligation.
16. Technical Information
This site utilizes the HTTP_REFERER (should be REFERRER, but the specifications misspell it and use it that way) and USER_AGENT information in order to secure local resource files (e.g., multimedia). If you are using firewall or other security software to block that information for the xenogere.com domain, you may be unable to view some of those resources. It is highly recommended you allow xenogere.com to receive that information from your browser so you can access and view all of the site’s offerings. Failure to do so could block you from access to certain multimedia files.