Last Revision: March 19, 2009
Users of the xtra xtra site have the option of entering some identifying information to become "Registered Users" of the site. The registered user status allows users access to site features and functionalities that require this added security. Registered users create or receive a "username" identification and password to log-in to the site. It is the responsibility and requirement of the user to: (a) provide accurate, current, and complete information as prompted by the site registration forms; (b) maintain the security and confidentiality of their user name and password; (c) maintain and update registration data to keep it accurate, current and complete; (d) be fully responsible for all use, actions and activities that occur under your account or password; (e) immediately notify xtra xtra of any breach of security including unauthorized or fraudulent use of your account or password.
User Generated Content
Understand that all postings, photos, messages, emails, forum entries, comments, text, files, images, videos, sound, and other materials as well as ideas, suggestions, opinions, comments, and observations contributed by registered or unregistered users ("user content") posted on, transferred through, emailed, or linked through the site or service are the sole responsibility of the person from whom such content was generated. You are bear complete responsibility for any and all content that you post, email, link to, or otherwise make available via the service.
By submitting user content to xtra xtra or posting content on the site, you expressly grant, and warrant that you have the right to grant, xtra xtra an irrevocable worldwide license to publicly display, use, reproduce, modify, and distribute such content for any purpose (commercial, advertising, or otherwise). This license is valid in connection with the site or the promotion thereof in any form and is therefore sub-licensable. You may remove your user content at any time, at which point the aforementioned license will automatically expire. You acknowledge, however, that xtra xtra may retain archived copies of your user content and photos.
You also understand that xtra xtra is not does not control, and is not responsible for user content. And by using said service, you may be exposed to content that is inaccurate, misleading, offensive, indecent, objectionable or questionable in some way. You acknowledge that you will bear any risk involved in regards to user content associated with the site. User content is not endorsed by xtra xtra and we are not responsible inappropriate or objectionable content. The sole recourse for any damage suffered as a result of user content shall be directed to the aforementioned individual by whom the content was generated.
Additionally, the xtra xtra site and its user content may contain links to other websites, which are completely independent of xtra xtra. xtra xtra makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other website is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any content and that you may not depend on said content. xtra xtra is not responsible or liable for any content, or losses or damages that occur as a result of the use of any content.
If you choose to post user content on the xtra xtra site, it must adhere to our explicitly stated Rules of Conduct, as well as generally accepted rules of etiquette and behavior. You must also agree to respect the legal rights of other users and the integrity of the site as a whole.
Rules of Conduct
The rules of conduct listed below, while all inclusive, is not meant to serve as an exhaustive list. These rules apply to every aspect of any and all material that is posted on xtraxtra.com or affiliated with xtra xtra in any way. By accessing or using the xtra xtra site, you agree not to use the site or service to: Upload, post, email, share or otherwise transmit any user content that:
- A reasonable person would deem harmful, threatening, damaging, abusive, intrusive, inflammatory, infringing, abusive, vulgar, obscene, fraudulent, hateful, discriminatory, violent, or otherwise offensive
- A reasonable person would deem to be intimidating or harassment
- Is pornographic or sexually explicit
- Is considered disrespectful or violates the rights of others
- Harms minors in any way
- Restricts or inhibits any other person from using or enjoying the site
- Infringes upon the rights of any third party, including patents, copyrights, trademarks, privacy, publicity or proprietary rights
- Is a misrepresentation of facts
- Contains libelous, defamatory or otherwise unlawful material
- Constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party, or otherwise creates a liability
- Violates any local, state, national or international laws
- Breaches a duty of confidentiality
- Distributes or makes available unsolicited or unauthorized advertisements, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- Solicits personal information from anyone and/or solicits passwords or personal identifying information for commercial or unlawful purposes
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment
- Makes available on the site the private information of any third party, including addresses, phone numbers, email addresses, social security numbers or credit card numbers
In addition, you may not:
- Post non-local or irrelevant content
- Post the same item more than once per relevant location, high school, college and forum discussion
- Create or use any automated system that allows submission of postings of any kind without having to be manually entered, including the allowance of submissions in bulk or in regular intervals
- Create or use any automated system that allows for flagging of posts or any other form of community moderation without those flags being manually entered
- Attempt to gain unauthorized access to xtra xtra’s computer systems, administrative functions or disrupt the site’s operations in any way
- Harvest or collect email addresses or contact information of other users from the site or service by electronic or other means, for the purpose of sending unsolicited emails or communications
- Use automated means, including spiders, robots, crawlers, scrapers, data mining tools or the like to download information from the site
- Use automated methods or scripts to collect information or for any other purpose on the site
- Use the site or service in an unlawful manner or in any manner that could damage, disable, overburden or harm the site
- Disrupt the normal flow of the site by posting an excessive amount of content
- Engage in commercial activities within the site
- Register for more than one user account or register on behalf of another individual
- Use or attempt to use another’s account, service or system without the explicit authority from xtra xtra
- Misrepresent yourself; falsely state your identity, age, or your affiliation with any entity; or impersonate any person or entity
- Use or create inappropriate user names or log-in identifications
- Use xtra xtra as a forwarding service to another website
- Do anything to prevent the full and complete display of authorized advertisements on xtraxtra.com’s pages
- Exceed the services you have registered for or gain access to unauthorized areas of the site
xtra xtra respects the intellectual property rights of others. In your use of and interactions with the site, we prohibit all users from posting, uploading, or otherwise transmitting any materials that violate another party’s intellectual property rights. You may not post, modify, distribute, or reproduce in any way material that is copyrighted and that belongs to others without obtaining their prior written consent. xtra xtra reserves the right, that their sole discretion, to remove user content believed to be infringing upon the copyright rights of others. The company also reserves the right to block or remove users believed to be infringers.
If you believe that any material on the site infringes upon any copyright material which you own or control, you may send us a written notification of said infringement. In accordance with the Digital Millennium Copyright Act (DMCA), we will immediately remove and disable the infringing material and take action against the infringer.
Notifications and counter-notifications must be complete and adhere to the guidelines set forth in the DMCA.
To report a claim of intellectual property or copyright infringement OR to submit a counter-notification claim, contact us:
Attention: Copyright Agent
Attention: Copyright Agent
One Gateway Center
Newton, MA. 02458
We suggest that you consult with a legal advisor before filing a notice under the DMCA. False claims under the DMCA are subject to penalties. You will be liable for damages if you significantly misrepresent that material on our site is copyright infringing.
All content on the site and available through the service (the "site content") is the proprietary property of the company, its users, or its licensors with all rights reserved. No site content, including but not limited to designs, graphics, text, pictures, audio, video, information, applications or other files, their grouping or layout may be copied or reproduced in any manner. xtra xtra’s intellectual property rights are protected to the fullest extent by law and users must comply with copyright, trademark, and other laws. Any reproduction, duplication, modification, derivative works of, or redistribution of the site content or any portion thereof is prohibited without explicit written permission from xtra xtra. No site content may be downloaded, displayed, copied, distributed, transmitted, or sold in any form or by any means without the aforementioned written consent. You are also prohibited from exploiting the site/service in any way for commercial purposes. You may not attempt to discern or obtain source code from the site/service. "XTRA XTRA" and "Read All About It" are registered trademarks, along with company’s graphics, logos, buttons, designs, page headers, scripts and service names. xtra xtra’s trademarks may not be used without express prior permission from the company.
Third Party Websites, Content, and Services
Limitations, Use, and Service
You acknowledge that xtra xtra may establish limits concerning use of the service, including the maximum number of days that content may be retained, the maximum number and size of postings, photos, forum entries, email messages, uploaded files (including photographs, audio, and video) or other content that may be transmitted or stored by the site. xtra xtra may also limit the amount of server space allotted to you on the site. Additionally, xtra xtra reserves the right to limit the number of times that you access the site in a given period of time and the maximum duration of your visits to the site. You agree that xtra xtra has no responsibility or liability for the deletion or failure to store any user content maintained or transmitted by the service or its affiliates.
Modifications to Website
xtra xtra reserves the right to modify or discontinue the site, service, or any part therein, at any time, with or without notice. You acknowledge that xtra xtra shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or service.
You expressly understand and agree that:
Limitation of Liability
IN NO EVENT WILL XTRA XTRA, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, PARTNERS OR LICENSORS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST DATA, OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR USE OF THE SITE OR SERVICE (EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). XTRA XTRA IS NOT LIABLE FOR LOSSES RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO, MISUSE, INABILITY TO USE, INTERRUPTION, SUSPENSION, ALTERATION, MODIFICATION, OR TERMINATION OF THE SITE OR SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF TRANSACTIONS ENTERED INTO THROUGH OR IN CONNECTION WITH THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR TRANSMITTED THROUGH THE SITE, AND ANY OTHER MATTER RELATING TO XTRA XTRA, THE SITE OR SERVICE.
Exclusions and Limitations
In some jurisdictions, the limitations of liability are not allowed. In those jurisdictions, some or all of the above disclaimers, exclusions or limitations may not apply and you may have additional rights.
Please state the reasons for your concern and provide a link to the user content or violation in question. xtra xtra will then investigate that matter at its sole discretion and take action if and how the company determines to be appropriate.