Conditions of Use
Terms and conditions that apply to your access and use of XtraMediaInc.com
Welcome to XtraMedia. XtraMedia and/or its affiliates ("Xtramedia") provide website features and other products and services to you when you visit or shop at XtraMedia, use XtraMedia products or services, use XtraMedia applications for mobile, or use software provided by XtraMedia in connection with any of the foregoing (collectively, "XtraMedia Services"). XtraMedia provides the XtraMedia Services subject to the following conditions.
By using XtraMedia Services, you agree to these conditions. Please read them carefully.
We offer a wide range of XtraMedia Services, and sometimes additional terms may apply. When you use an XtraMedia Service (for example, Your Profile, Gift Codes, Your Media Library or XtraMedia applications) you also will be subject to the guidelines, terms and agreements applicable to that XtraMedia Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use XtraMedia Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other XtraMedia Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any XtraMedia Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of XtraMedia or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any XtraMedia Service is the exclusive property of XtraMedia and protected by U.S. and international copyright laws.
License and Access
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, XtraMedia or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the XtraMedia Services. This license does not include any resale or commercial use of any XtraMedia Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any XtraMedia Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by XtraMedia or its licensors, suppliers, publishers, rightsholders, or other content providers. No XtraMedia Service, nor any part of any XtraMedia Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of XtraMedia. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of XtraMedia without express written consent. You may not use any meta tags or any other "hidden text" utilizing XtraMedia's name or trademarks without the express written consent of XtraMedia. You may not misuse the XtraMedia Services. You may use the XtraMedia Services only as permitted by law. The licenses granted by XtraMedia terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own XtraMedia account to use certain XtraMedia Services, and you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. XtraMedia does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the XtraMedia Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their XtraMedia Household. XtraMedia reserves the right to refuse service, terminate accounts, terminate your rights to use XtraMedia Services, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and other content
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. XtraMedia reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant XtraMedia a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant XtraMedia and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify XtraMedia for all claims resulting from content you supply. XtraMedia has the right but not the obligation to monitor and edit or remove any activity or content. XtraMedia takes no responsibility and assumes no liability for any content posted by you or any third party.
Intellectual Property Complaints
XtraMedia respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on XtraMedia and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on XtraMedia.
With respect to items sold by XtraMedia, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by XtraMedia is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other vendors may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until we make the digital product available to you.
You may not use any XtraMedia Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using XtraMedia Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including XtraMedia Software), technology, and services.
Parties other than XtraMedia operate stores, provide services or software, or sell product lines through the XtraMedia Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from XtraMedia. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). XtraMedia does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
THE XtraMedia SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE XtraMedia SERVICES ARE PROVIDED BY XtraMedia ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. XtraMedia MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE XtraMedia SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE XtraMedia SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE XtraMedia SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, XtraMedia DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XtraMedia DOES NOT WARRANT THAT THE XtraMedia SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE XtraMedia SERVICES, XtraMedia'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM XtraMedia ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, XtraMedia WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY XtraMedia SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY XtraMedia SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any XtraMedia Service, or to any products or services sold or distributed by XtraMedia or through XtraMedia will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, XtraMedia will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any XtraMedia Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and XtraMedia.
Site Policies, Modification, Severability
Please review our other policies, such as our refund policy, posted on this site. These policies also govern your use of XtraMedia Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Additional XtraMedia Software Terms
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with XtraMedia Services (the "XtraMedia Software").
- Use of the XtraMedia Software. You may use XtraMedia Software solely for purposes of enabling you to use the XtraMedia Services as provided by XtraMedia, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the XtraMedia Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the XtraMedia Software in whole or in part. All software used in any XtraMedia Service is the property of XtraMedia or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the XtraMedia Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the XtraMedia Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the XtraMedia Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the XtraMedia Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other XtraMedia or third-party terms applicable to any portion of XtraMedia Software, such as open-source license terms, such other terms will control as to that portion of the XtraMedia Software and to the extent of the conflict.
Notice and Procedere for making claims of intellectual property infringement
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims. We try to respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.