Terms of Service

Terms of Service

Last Updated: January 1, 2016

Thank you for using XMV: The Many Skilled: The Many Skilled ("XMV: The Many Skilled", "XMV", "TMS", "we" or "us")! XMV: The Many Skilled: The Many Skilled provides a software (the "XMV: The Many Skilled: The Many Skilled ") that enables you to create, join or browse on the XMV: The Many Skilled: The Many Skilled. We also provide a set of services that will enhance your experience as a member of the XMV: The Many Skilled: The Many Skilled.

These Terms of Service contain general terms that apply to you as a user of the XMV: The Many Skilled: The Many Skilled. When using the XMV: The Many Skilled: The Many Skilled, you will also be subject to the XMV: The Many Skilled Privacy Policy and additional posted guidelines, policies or rules applicable to specific services and features on the XMV: The Many Skilled, which may be posted by us from time to time (collectively, the "Guidelines"). All of these Guidelines are part of this Agreement and are hereby incorporated by reference.

These Terms of Service, including any Guidelines and future modifications (collectively the "Terms of Service" or "Agreement") govern your use of the XMV: The Many Skilled and is a legal contract between you and XMV: The Many Skilled.

By registering with us or using or browsing the XMV: The Many Skilled, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the XMV: The Many Skilled at any time.

The XMV: The Many Skilled is not directed to children younger than 18 and is offered only to users 18 years of age or older. If you are under 18 years old, please do not use the XMV: The Many Skilled . Any person who provides their personal information through the XMV: The Many Skilled represents to us that they are 18 years of age or older.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Social Network on the XMV: The Many Skilled as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.

Definitions

"Content" means (i) any work of authorship, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted through any of the XMV: The Many Skilled . "Your Content" is any Content that you submit to the XMV: The Many Skilled, either as a XMV: The Many Skilled Member, Network Member(all as defined below).

"Embeddable Widget" means any embeddable application provided and hosted by XMV: The Many Skilled that allows for the viewing or playing of audio, photos, video, text and other material on third party websites or services, including the XMV: The Many Skilled Network Badge, XMV: The Many Skilled Member Badge, Photo Slideshow and XMV: The Many Skilled Videos.

"Members" means both Network Members and XMV: The Many Skilled Members.

"Network Code" means the software code (i.e., HTML, Javascript, CSS, Perl, or PHP code) used to provide the functionality for XMV: The Many Skilled that is interpreted by the Code (as defined below). Network Code consists of XMV: The Many Skilled proprietary code, Third Party Software (as defined below).

"Network Members" are XMV: The Many Skilled Members who have also registered with the XMV: The Many Skilled using their XMV: The Many Skilled ID. "Members" are Network Members who have registered with the XMV: The Many Skilled.

"Network Member Data" means data provided by or collected from a Network Member, such as profile data, including certain items of registration information (e.g. email addresses), answers to profile questions, forum posts, and statistical information about Content contributed. Network Member Data does not include the XMV: The Many Skilled ID or any XMV: The Many Skilled Member Data.

"XMV: The Many Skilled ID" is an account you create with XMV: The Many Skilled which includes a name, email address, date of birth and password. When you register as a Network Member on the XMV: The Many Skilled, you use the email address and password portion of your XMV: The Many Skilled ID to authenticate with the Network.

"XMV: The Many Skilled Members" are Users who complete a registration process with XMV: The Many Skilled and obtain a XMV: The Many Skilled ID. XMV: The Many Skilled Members may also (but are not required to) become Network Members.

"XMV: The Many Skilled Member Data" is data collected from Users by XMV: The Many Skilled, including the data collected for the XMV: The Many Skilled ID and any data provided in Your XMV: The Many Skilled Profile (as defined below). XMV: The Many Skilled Member Data does not include Network Member Data.

"XMV: The Many Skilled Member Services" are the services provided by XMV: The Many Skilled to Network Members. XMV: The Many Skilled Member Services include, but aren't limited to: Network Member registration, Network Member sign in and authentication, a message center, friends, contact management (including the ability to import contacts from third-party email services), and a set of Social Network membership management services, including a listing of the Social Networks to which a particular Network Member belongs and management of friends across those Social Networks. XMV: The Many Skilled Member Services do not include any services that Network Creators provide to their Network Members.

"XMV: The Many Skilled Profile" means information that, if you are a XMV: The Many Skilled Member, you have provided to XMV: The Many Skilled that is aggregated by XMV: The Many Skilled into a master profile.

"XMV: The Many Skilled Technology" means the past, present and future content of the XMV: The Many Skilled , including all software in any format (including the Code and Network Code), Embeddable Widgets, hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectible elements of the XMV: The Many Skilled and all other tangible or intangible materials related to, displayed, performed or distributed on the XMV: The Many Skilled and the XMV: The Many Skilled itself, including, the selection, sequence, and "look and feel" and arrangement of items on the XMV: The Many Skilled , and all XMV: The Many Skilled Marks (as defined below), domain names, patents, and other intellectual property. XMV: The Many Skilled Technology does not include Your Content or Your Code.

"Code" means the proprietary portion of the XMV: The Many Skilled that is used to interpret the Network Code and other services available on the XMV: The Many Skilled .

"Premium Services" are services provided by XMV: The Many Skilled.

"Third Party Software" means software that is licensed to you by third parties, including software that is subject to so-called "open source" licenses, which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format, and including the GNU General Public License.

"Users" are all end users of the XMV: The Many Skilled , and include you, any unregistered users, all XMV: The Many Skilled Members, all Network Members, and all Third Party Application Developers.

"Your Code" means any script, code, or other computer software uploaded by you to the XMV: The Many Skilled.

Acceptable Use and Conduct

You are solely responsible for your conduct, Your Social Networks, Your Code, and Your Content on the XMV: The Many Skilled . We want to keep the XMV: The Many Skilled safe and fun for everyone and the use of the XMV: The Many Skilled for unlawful or harmful activities is not allowed. In defining "safe and fun," you specifically agree that:

You will not post, email or make available any Content to Users or use the XMV: The Many Skilled :

  • In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
  • in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the XMV: The Many Skilled;
  • in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • in a manner that is libelous or defamatory, or in a way that is otherwise threatening XMV: The Many Skilled, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
  • in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by XMV: The Many Skilled;
  • to impersonate a XMV: The Many Skilled employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the XMV: The Many Skilled without authorization;
  • to interfere or attempt to interfere with the proper working of the XMV: The Many Skilled or prevent others from using the XMV: The Many Skilled , or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the XMV: The Many Skilled , or that otherwise negatively affects other persons' ability to use the XMV: The Many Skilled ;
  • to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any Network Creator's account or to monitor or copy the XMV: The Many Skilled (including the Network Code or Code) or the content contained therein;
  • in a manner that includes personal or identifying information about another person without that person's explicit consent;
  • in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the XMV: The Many Skilled or to Users; and
  • in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

  • "Stalk" or otherwise harass anyone;
  • Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
  • Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the XMV: The Many Skilled , including XMV: The Many Skilled ID passwords from a Network Creator, or to proxy authentication credentials for any Member of the XMV: The Many Skilled for the purposes of automating logins to the XMV: The Many Skilled ;
  • Use the name "XMV: The Many Skilled" as any part of the name or XMV: The Many Skilled ID;
  • Post any Content containing child pornography. XMV: The Many Skilled absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any XMV: The Many Skilled Member Data, to law enforcement, including the National Center for Missing and Exploited Children;
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the XMV: The Many Skilled. We reserve the right to define what we mean by "well-behaved";
  • Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on XMV: The Many Skilled's infrastructure;
  • Attempt to gain unauthorized access to XMV: The Many Skilled's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the XMV: The Many Skilled ;
  • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the XMV: The Many Skilled or for using it for purposes unrelated to XMV: The Many Skilled); and
  • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the XMV: The Many Skilled.

You agree not to authorize or encourage any third party to use the XMV: The Many Skilled to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify XMV: The Many Skilled in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

XMV: The Many Skilled Policies

XMV: The Many Skilled may establish general polices and limits concerning use of the XMV: The Many Skilled ("XMV: The Many Skilled Policies"), including (and without limitation) the maximum number of days that Social Networks and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you or Membership, the maximum number of times and duration for which you may access the XMV: The Many Skilled in a given period of time, the maximum bandwidth used by your content, and the maximum CPU power used by your content. The current XMV: The Many Skilled Policies are part of this Agreement.

XMV: The Many Skilled's Relationship with Users

You acknowledge that XMV: The Many Skilled may terminate your account and remove your XMV: The Many Skilled ID, Content and Network Member Data, as well as disable your access to the XMV: The Many Skilled , in accordance with the terms of this Agreement. If you are a Network Member, you acknowledge that nothing in any agreement (or related policies) you may be subject to with any other party will alter, impair, supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or XMV: The Many Skilled's Privacy Policy.

Copyright Infringement/Digital Millennium Copyright Act Compliance

It is XMV: The Many Skilled's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). XMV: The Many Skilled may remove any allegedly infringing Network Code or Content without any liability to you.

XMV: The Many Skilled will promptly terminate without notice any Member's access to the XMV: The Many Skilled, including access to inappropriate circumstances where the Member is a "repeat infringer" of copyrights. Generally, XMV: The Many Skilled will consider a Member a repeat infringer if it has received more than two third-party notices of alleged infringement concerning XMV: The Many Skilled Content or Network Code posted by that Member anywhere on the XMV: The Many Skilled . XMV: The Many Skilled, however, reserves the right to identify and terminate Members under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that Member.

Your Account

You need to register and create a XMV: The Many Skilled ID in order to become a XMV: The Many Skilled Member. You are responsible for keeping your XMV: The Many Skilled ID password secure. XMV: The Many Skilled IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your XMV: The Many Skilled ID. XMV: The Many Skilled reserves the right to log off or deactivate Member accounts that are inactive for an period of time.

You may not use anyone else's account, XMV: The Many Skilled ID or Network Subdomain at any time, without the permission of the account holder. You should never give out your password to another individual or entity. XMV: The Many Skilled will not be liable for any loss that you may incur as a result of someone else using your XMV: The Many Skilled ID, or password, either with or without your knowledge. However, you may be held liable for losses incurred by XMV: The Many Skilled or another party due to someone else using your XMV: The Many Skilled ID, or password. In other words, please be careful with your identity and passwords.

Disclaimer of Warranties

YOUR USE OF THE XMV: The Many Skilled , AND ALL NETWORK CODE, CODE, THIRD PARTY SOFTWARE, NON-XMV: The Many Skilled CODE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE XMV: The Many Skilled AND ALL NETWORK CODE, CODE, THIRD PARTY SOFTWARE, NON-XMV: The Many Skilled CODE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XMV: The Many Skilled AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. XMV: The Many Skilled AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE XMV: The Many Skilled , OR ANY NETWORK CODE, CODE, THIRD PARTY SOFTWARE, NON-XMV: The Many Skilled CODE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE XMV: The Many Skilled OR THE SERVER THAT MAKES THE XMV: The Many Skilled AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XMV: The Many Skilled MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE XMV: The Many Skilled (B) THE VOLUME AND QUALITY OF ANY TRAFFIC (C) THE COMPATIBILITY OF YOUR CODE OR ANY NON-XMV: The Many Skilled CODE WITH ANY XMV: The Many Skilled TECHNOLOGY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE XMV: The Many Skilled IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XMV: The Many Skilled OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE XMV: The Many Skilled SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Indemnity

You agree to indemnify, defend, and hold harmless XMV: The Many Skilled, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:

  • Your Code, Your Content;
  • Your use of any Non-XMV: The Many Skilled Code or Third Party Applications;
  • Your use or misuse of, or connection to, the XMV: The Many Skilled ;
  • Your breach or alleged breach of this Agreement;
  • Your violation of any rights (including intellectual property rights) of a third party;
  • Your use or misuse of any User data (including XMV: The Many Skilled Member Data and Network Member Data), including, in violation of the XMV: The Many Skilled Privacy Policy and
  • Your breach or alleged breach of any agreement or policy between you and other Users.

XMV: The Many Skilled reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of XMV: The Many Skilled. XMV: The Many Skilled will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Your Interactions with Other Users

Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Network Member or XMV: The Many Skilled Staff), XMV: The Many Skilled is under no obligation to become involved.

You release XMV: The Many Skilled, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users. If you are a California resident, you waive California Civil Code Section 1542, which says:"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL XMV: The Many Skilled OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF XMV: The Many Skilled HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE XMV: The Many Skilled ; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $20.00 AND (ii) THE TOTAL AMOUNTS PAID TO XMV: The Many Skilled BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN XMV: The Many Skilled (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE XMV: The Many Skilled OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

Changes to XMV: The Many Skilled

XMV: The Many Skilled reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the XMV: The Many Skilled or any part thereof with or without notice. XMV: The Many Skilled will not be liable to you or to any third party for any modification, suspension or discontinuance of the XMV: The Many Skilled .

Amendments

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version elsewhere on the XMV: The Many Skilled . The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the XMV: The Many Skilled after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User (including XMV: The Many Skilled Member, Network Member or Network Creator) on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted elsewhere on the XMV: The Many Skilled . The revised version will apply to you immediately if you are a User who registers or first uses the XMV: The Many Skilled on or after the posting of the revised version.

Term and Termination

Term

This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your membership within any XMV: The Many Skilled at any time and for any or no reason by following the instructions on the "Edit Profile" page while logged in to XMV: The Many Skilled. Additionally, you may terminate your XMV: The Many Skilled ID account and end your use of the XMV: The Many Skilled at any time and for no reason by following the directions or contacting us at This email address is being protected from spambots. You need JavaScript enabled to view it. or at the address set forth below in the "Contacting XMV: The Many Skilled" Section.

Termination

XMV: The Many Skilled has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the XMV: The Many Skilled, (ii) remove and discard any Network Code or Content within the XMV: The Many Skilled with or without notice, and with no liability of any kind to you.

If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

Effects of Terminating

Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Code, Your Content, or Your Network Member Data. XMV: The Many Skilled will not have any obligation to assist you in migrating your data, Your Content, Your Network Member Data, or Your Code off of the XMV: The Many Skilled and XMV: The Many Skilled does not keep any back-up of any of Your Content or Your Network Member Data. XMV: The Many Skilled is not responsible for deleting Your Code, Network Code or Content on your behalf. Note that, even if Your Code, Network Code or Content is deleted from XMV: The Many Skilled's active servers, it may remain in our archives (but we have no obligation to archive or back-up Your Code or such Network Code or Content), and subject to the licenses set forth in this Agreement.

Survival

The following Sections will survive termination of these Terms of Service for any reason: Sections 1, 3, 4-9, 13-24, 27-33.

Governing XMV: The Many Skilled Law; Venue

This Agreement shall be governed by the laws of the State of the provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.

You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts for the purpose of litigating all such claims or disputes.

Relationship of the Parties

The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that XMV: The Many Skilled has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

United States Export Controls

You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from XMV: The Many Skilled under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, XMV: The Many Skilled from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

No Third Party Beneficiaries

The parties specifically disavow any desire or intention to create a "third party" beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.

General

The failure of XMV: The Many Skilled to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You may not delegate your duties under this Agreement or assign this Agreement or your XMV: The Many Skilled accounts or XMV: The Many Skilled IDs, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. XMV: The Many Skilled may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.

This Agreement, which incorporates the XMV: The Many Skilled Privacy Policy and the Guidelines, constitutes the entire agreement between you and XMV: The Many Skilled and governs your use of the XMV: The Many Skilled , superseding any prior agreements (whether written or oral) between you and XMV: The Many Skilled regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.

The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.

XMV: The Many Skilled may provide you with notices, including those regarding changes to this Agreement or any of XMV: The Many Skilled's terms and conditions, by email, regular mail, or postings on the XMV: The Many Skilled . Notice will be deemed given twenty-four (24) hours after email is sent, unless XMV: The Many Skilled has previously been notified that the email address is invalid. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the XMV: The Many Skilled ) are deemed given two (2) days following the initial posting.

Contacting XMV: The Many Skilled

You may contact XMV: The Many Skilled in the following ways:

E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

We welcome your This email address is being protected from spambots. You need JavaScript enabled to view it. Suggestions on this document and thank you for being a member of XMV: The Many Skilled!

Remember we are not a storage site - at any time your content can be deleted or lost.