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Buygum Ltd. Web Site Agreement
The www.XSiteProVersion2.com Web Site (the "Site") is an online information service provided by
Buygum Ltd. ("www.XSiteProVersion2.com "), subject to your compliance with the terms and conditions
set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. WWW.XSITEPROVERSION2.COM
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The
owner of the copyrights and trademarks are www.XSiteProVersion2.com, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to www.XSiteProVersion2.com
a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform
any materials and other information (including, without limitation, ideas contained therein for new
or improved products and services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to www.XSiteProVersion2.com by all means and in any
media now known or hereafter developed. You also grant to www.XSiteProVersion2.com the right to use
your name in connection with the submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related thereto. You agree that you shall
have no recourse against www.XSiteProVersion2.com for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to www.XSiteProVersion2.com.
TRADEMARKS.
Some publications, products, content or services referenced herein or on the Site are the exclusive
trademarks or servicemarks of www.XSiteProVersion2.com. Other product and company names mentioned
in the Site may be the trademarks of their respective owners. Intellimon Ltd. are the owners of
XSitePro software.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being
supplied by www.XSiteProVersion2.com, www.XSiteProVersion2.com does not operate, control or endorse
any information, products or services on the Internet in any way. Except for
www.XSiteProVersion2.com- identified information, products or services, all information, products
and services offered through the Site or on the Internet generally are offered by third parties,
that are not affiliated with www.XSiteProVersion2.com a. You also understand that
www.XSiteProVersion2.com cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data
input and output, and for maintaining a means external to the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
WWW.XSITEPROVERSION2.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND WWW.XSITEPROVERSION2.COM
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY. WWW.XSITEPROVERSION2.COM DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. WWW.XSITEPROVERSION2.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL WWW.XSITEPROVERSION2.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF WWW.XSITEPROVERSION2.COM OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, www.XSITEPROVERSION2.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
www.XSiteProVersion2.com makes no representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you access a
non-www.XSiteProVersion2.com web site, please understand that it is independent from
www.XSiteProVersion2.com, and that www.XSiteProVersion2.com has no control over the content on that
web site. In addition, a link to a www.XSiteProVersion2.com web site does not mean that
www.XSiteProVersion2.com endorses or accepts any responsibility for the content, or the use, of
such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless www.XSiteProVersion2.com, its officers, directors,
employees, agents, licensors, suppliers and any third party information providers to the Service
from and against all losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of
www.XSiteProVersion2.com and its officers, directors, employees, agents, licensors, suppliers, and
any third party information providers to the Service. Each of these individuals or entities shall
have the right to assert and enforce those provisions directly against you on its own behalf.
5. Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of
this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of UK applicable to
agreements made and to be performed in UK. You agree that any legal action or proceeding between
www.XSiteProVersion2.com and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in UK . Any cause of action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. www.XSiteProVersion2.com's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. www.XSiteProVersion2.com may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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