Effective: June 7, 2011
This website is part of the Xanga service (“Xanga” or “the Xanga Network”) – a network of online blogging and social networking communities. When you register at any one of these communities, you gain access to all the communities. This will allow you to create, share, and view content across all the communities. Xanga is offered by Xanga.com, Inc.
When you register for a Xanga account, you are asked to choose a password. You are responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party except a parent or guardian. You will hold Xanga harmless for any damage arising from a third party accessing Xanga using a password you disclosed.
The following is a list of Content and Conduct that violates the Rules of Member Conduct – you may not use Xanga to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;
- harm minors in any way;
- solicit personal information from anyone under 18;
- impersonate any person or entity, including, but not limited to, a Xanga official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- provide a false birthday or age;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Xanga;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose;
- upload, post, email or otherwise transmit any material 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;
- “stalk” or otherwise harass another;
- collect or store personal data about other users;
- upload, post, email or otherwise transmit any Content that provides instruction about illegal activities, including illegal drug use, child predation, terrorist activities, instructions in assembling or obtaining bombs or other weapons;
- upload, post, email or otherwise transmit any Content that encourages or promotes physical harm against any group or individual. This includes Content that encourages or promotes self-harm;
- interfere with or disrupt Xanga or the servers or networks used to provide or receive Xanga or disobey any requirement, procedure, policies and regulation of any networks used to provide and receive Xanga;
- intentionally or unintentionally violate any applicable local, state, national, foreign or international laws or regulation, including, any rule or regulation of any securities exchange, such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, any self-regulatory organization or the U.S. Securities and Exchange Commission.
You understand that all Content posted to the Website or otherwise transmitted via Xanga is the sole responsibility of the individual who originally posted the Content, and that your sole recourse for any damage you may suffer as a result of such content shall be to such individual. You agree that Xanga will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via Xanga, and you hereby release Xanga and its officers, directors, shareholders and employees therefrom. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Xanga reserves the right to preserve and disclose Content posted to or transmitted via Xanga if reasonably necessary to:
- enforce this Agreement
- comply with a legal process
- protect the rights, property, or personal safety of any party.
DATA TRANSMISSION SECURITY
You acknowledge that Xanga has no control of the communications lines used to access Xanga because such lines are provided by a third party public utility and, as such, that the security of transmissions to and from Xanga is not the responsibility of Xanga.
CONTENT SUBMITTED TO XANGA.COM
(This section refers to Content that you create)
You retain all ownership rights to your Content. Except for its ownership of the collection of all content on Xanga, as described below, Xanga does not claim ownership of any Content you publish in your area of the Website (“Your Xanga Site”).
When you publish your Content on Xanga, you grant Xanga a temporary license to “rebroadcast” it. We need this license to be able to show your Content to other members and visitors. For more information about this temporary license, check out our Copyright FAQ.
By publishing Content on Your Xanga Site you grant Xanga a world-wide, royalty-free, and non-exclusive license to reproduce, modify, distribute, transmit, publicly perform and publicly display the Content (as well as permit others – including without limitation Xanga’s co-brand, content and syndication partners – to do the same) solely for the following purposes:
- Displaying, distributing and promoting Your Xanga Site
- Promoting and marketing Xanga’s products and services and general operation of the Xanga Service
- Promoting and marketing the products and services of Xanga’s partners and affiliates
- Promoting and marketing products and services related to your Content.
This license exists only for as long as the Content remains published on Your Xanga Site and only for as long you remain a Xanga member, except that you grant Xanga a continuing perpetual license and right to maintain a copy of your Xanga Site and Content for archival purposes. This archival copy is not posted publicly on the Xanga system; it is maintained solely so that Xanga may recover content and restore accounts (in case of errors or system failure) or cooperate with law enforcement in order to make the Xanga service safer. Except for this license for archival use, in the event that you remove the Content from Your Xanga Site or in the event that your membership is terminated, this license shall expire either immediately or upon termination of any promotional or marketing activities ongoing at the time.
Content created by Xanga or its suppliers
Compilations of Content
Notwithstanding the provisions outlined in “Content submitted to Xanga.com” above*, the collection of all Content on this site is a collective work under the U.S. copyright laws and is the exclusive property of Xanga and protected by U.S. and international copyright laws. The Content and software on Xanga may be used as a homepage creation or web-surfing resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on Xanga is strictly prohibited.
*Individual Contributors retain all ownership rights to their Content. Xanga does not claim ownership of any Content you publish on Your Xanga Site.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, belonging to others without obtaining their prior written consent. If you believe that your work has been copied and posted on Xanga in a way that constitutes copyright infringement, please visit Xanga’s DMCA Help page for more information on how to report infringement of your copyright. After receipt of proper notice of copyright infringement Xanga will remove or disable access to the allegedly infringing material and notify the site owner via email or private message. Xanga may, in appropriate circumstances and at its discretion, terminate the accounts of users who may be repeat infringers. Xanga reserves the right to terminate your use of Xanga at any time and remove any infringing Content if you infringe the copyright rights of others.
XANGA, XANGA.COM THE WEBLOG COMMUNITY, XANGA METROS and EPROPS are registered trademarks of Xanga. The mark BLOGRINGS is a trademark of Xanga. The A/ALL/ALL AGES ALLOWED Design, B/BASIC/BASIC GUIDANCE Design, C/CAUTION/CAUTION Design, D/DISCRETION/DISCRETION REQUIRED Design and EX/EXPLICIT/EXPLICIT CONTENT Design are certification marks of Xanga. Xanga’s marks may not be used in connection with any product or service that is not Xanga’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Xanga.
You hereby certify to Xanga that you are at least 13 years old. Xanga is intended for people who are at least 13 years old. Children under 13 are not permitted to join Xanga or participate in the Xanga community, and Xanga will delete Xanga accounts held by people it learns are under the age of 13. Parents of children under 13 can also delete their child’s site.
Please see our Xanga Safety area for information concerning safer ways to participate on Xanga and the availability of parental control protections (such as computer hardware, software or filtering services) that may assist parents in limiting access to material that is harmful to minors.
Xanga may include links to other websites or resources. Xanga has no control over such sites and resources, and is not responsible for the availability of such external sites or resources. Xanga does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources or your use of such sites or resources.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF XANGA IS AT YOUR SOLE RISK. XANGA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XANGA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) XANGA MAKES NO WARRANTY THAT (i) XANGA WILL MEET YOUR REQUIREMENTS, (ii) XANGA OR ANY SOFTWARE PROVIDED TO YOU THROUGH XANGA WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF XANGA WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH XANGA WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN SOFTWARE AND ANY SOFTWARE PROVIDED TO YOU THROUGH XANGA WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF XANGA IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT XANGA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XANGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE XANGA; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM XANGA; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON XANGA; OR (v) ANY OTHER MATTER RELATING TO XANGA.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on Xanga are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Xanga’s proprietary rights in them.