TERMS AND CONDITIONS OF USE OF www.xonamedia.com
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of www.xonamedia.com (”the Website”), is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 TERMINATIO N
We have the right to terminate your access to any or all of the Website at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website.
3 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that xonamedia is not responsible for the content or availability of any such sites.
4 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and with all local laws and rules regarding acceptable use of and conduct on the Internet.
5 INTELLECTUAL PROPERTY RIGHTS
The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of or images from the Website for personal, non-commercial home use only.
You agree to indemnify and hold xonamedia harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against xonamedia by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by xonamedia in consequence of your breach of these Terms and Conditions.
7 DISCLAIMERS AND LIMITATION OF LIABILITY
7.1 Use of the Website is at your own risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 To the extent permitted by law, xonamedia will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.3 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of xonamedia for death or personal injury as a result of the negligence of xonamedia.
7.4 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of the United States of America and you hereby submit to the exclusive jurisdiction of the courts of the United States of America.