The XP Message Forums, Real-time Chat Rooms, and other user contributed/comment areas ("Forums") are provided as a service to members of our community. By using or participating on the Forums, you agree to this User Agreement including but not limited to the Rules of Conduct and the Terms of Service stated below. For purposes of this agreement, "User" refers to any individual posting on or otherwise using the Forums and XP refers to any or all of AVYN.COM, LLC and their authorized representatives.
XP reserves the right to change the Rules of Conduct, Terms of Service and all other parts of this User Agreement at its sole discretion and without notice.
XP has the right but not the obligation to monitor and/or moderate the Forums.
As a standard operating procedure, XP does not enter into correspondence, discussions or other communication, either public or private, about XP Board policies, individual moderators, enforcement or application of the User Agreement, bans or other sanctions, etc.
RULES OF CONDUCT
User agrees not to post material that is knowingly false and/or defamatory, misleading, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, that otherwise violates any law, or that encourages conduct constituting a criminal offense.
User agrees not to post any material that is protected by copyright, trademark or other proprietary right without the express permission of the owner(s) of said copyright, trademark or other proprietary right.
User agrees not to use nicknames that might be deemed abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise inappropriate. User agrees not to use nicknames that might mislead other Users. This includes but is not limited to using nicknames that impersonate developers, staff, or other Users.
TERMS OF SERVICE
User acknowledges and agrees that use of the XP Boards is a privilege, not a right, and that XP has the right, at its sole discretion, to revoke this privilege at any time without notice or reason. User agrees that this Agreement in its entirety applies to both public and private messages.
The goal of the Forums is to foster communication and the interchange of ideas within the User community. User agrees and acknowledges that any posts, nicknames or other material deemed offensive, harassing, baiting or otherwise inappropriate may be removed at the sole discretion of XP.
User authorizes XP to make use of any original stories, concepts, ideas, drawings, photographs, opinions and other creative materials posted on the Forums without compensation or other recourse. User also agrees to indemnify and hold harmless XP and our agents with respect to any claims based upon or arising from the transmission and/or content of your message(s).
XP has the right but not the obligation to monitor and/or moderate the Forums, and offers no assurances in this regard.
XP is not responsible for messages posted on the Forums or the content therein. We do not vouch for or warrant the accuracy, completeness or usefulness of any message. Each message expresses the views of its originating User, not necessarily those of XP. Unless expressly stated otherwise by a senior XP representative such as the Editor in Chief, this includes messages posted by XP personnel, agents, delegates, representatives et al.
Any User who feels that a posted message is objectionable is encouraged to contact us. We have the ability to remove messages and we will make every effort to do so within a reasonable time if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to act immediately. Removal of messages is at the sole discretion of XP.
The appropriate individual to contact is usually the editor of the site associated with the board where the message in question is to be found. As a standard operating procedure, XP does not enter into discussions, either public or private, about Forum policies, individual moderators, bans or other sanctions, etc.
XP reserves the right to reveal the identity of and/or whatever information we know about any User in the event of a complaint or legal action arising from any message posted by said User.
Advertisements, chain letters, pyramid schemes and other commercial solicitations are inappropriate on the Forums.
XP does not permit children under the age of 13 to become members,
post home pages or web sites on
Members who want to use our free services and tools must agree to
accept our email messages as part of their free service. We also
require that our banner ads are displayed.
XP provides members with unlimited database storage space
which is defined as textual data stored within our database engine.
We only use email to inform you of new membership benefits and features,
to let you know of urgent problems on our site, and to present special
members-only opportunities to buy products and services that are
appropriate to the interests of our communities. And we keep these
messages to a minimum. If you elect not to receive our email messages
by removing yourself from our mailing list, you forfeit ALL of your
XP membership benefits including any and all free services that
XP offers including but not limited to the XP web
XP is not responsible for the content posted by XP members or
visitors on any area of our site including without limitation, homepages,
chat rooms, message boards and email account. The opinions and views
expressed by XP's members or visitors. do not necessarily represent
those of XP and XP does not verify, endorse, or vouch for
the content of such page(s). Further, XP is not responsible for the
delivery or quality of any goods or services sold or advertised through
or on XP members' page(s). If you believe that any of the content
posted by our members or visitors violates your proprietary rights,
including copyrights, please contact our Designated Agent to Receive
Notification of Claimed Infringement identified on our site.
You are solely and fully responsible for any content that you post any
area of our site. We do not regularly review the contents of materials
posted by our members or other visitors to our site. We strictly
prohibit the posting of the following types of content on all areas of
By submitting your data to XP, you represent that the data comply
with XP's Terms of Service. If any third party brings a claim,
lawsuit or other proceeding against XP based on your conduct or
use of XP services, you agree to compensate XP (including
its officers, directors, employees and agents) for any and all losses,
liabilities, damages or expenses, including attorney's fees, incurred
by XP in connection with any such claim, lawsuit or proceeding.
- nudity, pornography, and sexual material of a lewd, lecherous
or obscene nature and intent or that violates local, state and
- any material that violates or infringes in any way
upon the proprietary rights of others, including, without
limitation, copyright or trademark rights; this includes
"WAREZ" (copyrighted software that is distributed illegally),
"mp3" files of copyrighted music, copyrighted photographs, text,
video or artwork. If you don't own the copyright or have express
authorization and documented permission to use it, don't put it on
your site at XP (if you do have express permission you must
say so clearly on your XP homepage). XP will terminate
the memberships of, and remove the pages of, repeat infringers.
- any material that is threatening, abusive, harassing,
defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane, indecent, or otherwise objectionable; including
posting other peoples' private information.
- content that promotes, encourages, or provides instructional
information about illegal activities---specifically hacking,
cracking, or phreaking.
- any software, information, or other material that contains
a virus, "Trojan Horse", "worm" corrupted data, or any other
harmful or damaging component;
- hate propaganda or hate mongering, swearing, or fraudulent
material or activity;
XP is the final arbiter of what IS and IS NOT allowed on our site.
Further, XP reserves the right to modify or remove anything
submitted to XP, and to cancel any membership, at any time for
any reason without prior notice. XP is not obliged to maintain
back-ups copies of any material submitted or posted on our site.
Actions or activities that may cause termination of your membership
and/or removal of your page(s) include, but are not limited to:
We reserve the right to monitor, and to investigate any complaints
regarding any content of XP members' pages, message-board postings,
or any chat room statements and to take appropriate action if XP
finds violations of these Terms of Service.. Accordingly, you agree that
XP will have the right to access your site at any time, without
advance notice. If access to your site is restricted, whether by password
or otherwise, you agree to provide XP with whatever information
is required to access your site. In the case of any such complaint,
XP reserves the right to remove the content complained of while
the XP member and the complaining party attempt to resolve their
dispute. This could result in your page(s) being removed from XP
for as long as it takes to resolve the dispute.
- posting or providing links to any content which violates
our Terms of Service:
- conducting or providing links to any raffle, contest, or
game which violates any local, state or national laws;
- displaying on your page any paid advertising or other paid
sponsorship banner other than a XP affiliate program or
- restricting access to your XP page(s) or files only
to users with passwords.
- using in the registration of your XP membership an email
account that is not your own or that is or becomes inactive.
- violating the XP Terms of Service. Please read and
familiarize yourself with the XP Terms of Service.
- Sending unsolicited email using a XP
address or containing any reference to your XP
- reproducing, distributing, republishing or retransmitting
material posted by other XP members without the prior
permission of such members.
You grant to XP and its affiliates a royalty-free, perpetual,
irrevocable, nonexclusive, worldwide, unrestricted license to use,
copy, modify, transmit, distribute, and publicly perform or display the
submitted pages or other content for the purposes of displaying such
information on XP's sites and for the promotion and marketing of
XP's services. XP disclaims ownership of member sites and
will not resell or otherwise convey these.
XP makes no guarantee of availability of service and reserves the
right to change, withdraw, suspend, or discontinue any functionality or
feature of the XP service. IN NO EVENT WILL XP BE LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE XP'S SERVICES OR ANY CONTENT THEREON FOR ANY
REASON INCLUDING, WITHOUT LIMITATION, XP'S REMOVAL OR DELETION
OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON XP'S SITE
FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY
DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE,
CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION;
DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS;
FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE;
OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
The formation, construction and interpretation of this agreement shall
be controlled by the laws of the State of Colorado, United States, as such law
applies to agreements between Colorado residents entered into and to
be performed within Colorado. The U.N. Convention of Contracts for the
International Sale of Goods is expressly excluded from any interpretation
of this Agreement. Any dispute relating to this agreement shall be
subject to the exclusive jurisdiction of the state and federal courts
in the State of Colorado, United States, and the parties agree to submit to
the personal and exclusive jurisdiction and venue of these courts.
XP reserves the right to change or amend these Terms of Service
at any time without prior notice. By submitting any content, including
without limitation, homepages, message-board postings, or any chat
room statements you signify your agreement to these Terms