1. DESCRIPTION OF SITE; MINIMUM AGE REQUIREMENT
XERBOT.COM is an entertainment blog about odd, strange and bizarre things. You and other users of the Site have access to thousands of articles, photographs and other content related to the odd things we bring to you. Many of our articles are contributed by people from around the world, and represent a diversity of experience.
In addition to being a place for you to find out about odd things, the Site is also a platform for you to comment and share your ideas with others. In return for our display of your content for any period of time, you agree to grant the license to XERBOT.COM described in Section 5 hereof.
The Site is for general research, informational, and entertainment purposes only. We publish articles, or other content from current and past contributors. The information on the Site comes from a variety of contributors to the Site since its inception. You should assume that we have not independently verified the accuracy, thoroughness, or relevance of the content available on the Site. All of the content and information appearing on the Site is subject to the disclaimers set forth below in Section 12.
This Site is intended for use by persons who are at least 14 years old. By using the Site, you represent and warrant that you are at least 14 years old, and you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you.
2. MODIFICATIONS TO TERMS
It is critical that you keep your email contact information correct and updated with XERBOT.COM at all times. In addition, we encourage you to check back regularly to review these Terms at least once every 30 days
3. MODIFICATIONS TO SITE
We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your contributed content from the Site at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect XERBOT.COM’s license to your content as stated herein.
4. POSTING USER GENERATED CONTENT ON THE SITE; REPRESENTATIONS AND WARRANTIES
You have the ability to interact with the Site and other users by posting comments, contributing ideas, uploading photos, and a variety of other ways (all such submissions or postings collectively referred to as “User Generated Content”). By submitting or posting any User Generated Content on the Site, you warrant and represent that:
you own all rights in your User Generated Content and the performance contained in your User Generated Content or, alternatively, you have acquired all necessary rights in your User Generated Content to enable you to grant to XERBOT.COM the rights in your User Generated Content described herein and for us to exercise the rights with respect to such User Generated Content that you grant herein;
you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Generated Content;
you are the individual pictured or depicted in your User Generated Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who is pictured in your User Generated Content to grant the rights to XERBOT.COM described herein;
you will make such permissions available to XERBOT.COM upon request;
your User Generated Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
if you are a direct competitor of an author or another posting user, or otherwise have an interest adverse to the author or another posting user, you will fully disclose the interest;
you will not stalk, threaten or harass authors or other users or infringe upon, invade or attempt to infringe upon or invade their privacy; and
you will not post any information or material which may constitute or encourage conduct that is a criminal offense, tort, or civil wrong or otherwise violates any applicable law. You agree to keep all records necessary to establish that your User Generated Content does not violate any of the foregoing representations and warranties and to make such records available upon the reasonable request of XERBOT.COM. You acknowledge that the Site does not have any “digital rights management” or other security technology features to restrict someone who receives Content from copying and redistributing it.
To post User Generated Content on the Site, you must first submit certain information to enable us to verify your identity. You agree to provide accurate current and complete information in this respect. You agree that we can rely upon the contact and other information that is supplied to us and that we will rely upon such information.
When you submit ideas, suggestions, or proposals (collectively, “Ideas”) to us, you represent, warrant, and agree that: (i) your Ideas do not include confidential or proprietary information, you have all necessary rights to submit them to us and that they do not and will not infringe or violate any third party rights of any kind; (ii) if we so choose, we may use and disclose your Ideas in any way; and (iii) we have no obligation to pay or reimburse you for your Ideas or our use of your Ideas. You also acknowledge that (x) we may have already created, or be in the process of creating, content that may be substantially similar to your Ideas or work samples at the time you submit those ideas or samples to us, and (y) elements of your Ideas and work samples may not be subject to protection under copyright law.
5. OWNERSHIP OF RIGHTS FOR USER GENERATED CONTENT; LICENSE RIGHTS
You retain ownership of your copyrights and other intellectual property and proprietary rights in any User Generated Content you post to the Site, subject to the non-exclusive rights that you grant to us as described in these Terms. These Terms do not prevent you from granting similar rights to others.
Subject to your right to terminate your license to us as described below in this Section 5, you hereby grant XERBOT.COM a worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital transmission), and create derivative works of the User Generated Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such User Generated Content under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms. You agree that we may (but are not obligated to) display your User Generated Content, and your name along with your User Generated Content.
You acknowledge that the posting of your User Generated Content for any period of time is sufficient consideration for the license granted herein to XERBOT.COM.
You may request that we remove or modify User Generated Content that you previously posted on the Site if doing so would not interfere with other users’ ability to enjoy the Site. For example, a request to remove your comments or posts from a long string of interactive posts could render the entire thread unintelligible and eliminate the ability of the other users of the Site to read and enjoy that thread. In these situations, we may anonymize your User Generated Content so that the threaded conversation remains intact. Our removal of any of your User Generated Content will automatically terminate our license to such User Generated Content. But if prior to such removal or modification, XERBOT.COM has created, or developed specific plans to create, any electronic or printed materials containing such User Generated Content (e.g., in advertising, promotion or otherwise), then you agree that XERBOT.COM may continue to exploit materials containing such User Generated Content after you have removed or modified that User Generated Content. However, six (6) months after you have removed or modified that User Generated Content, you may send us written notice to cease displaying such materials, in which event we will use commercially reasonable efforts to cease displaying such materials within thirty (30) days of our receipt of such notice. Your written notice to us must be sent to:
and contain the following information:
your name, address, telephone number, and email address;
your electronic or physical signature;
identification of the specific User Generated Content;
identification of the materials containing the User Generated Content in question, including the title and the URL where it may be viewed;
a statement that you would like XERBOT.COM to cease using such materials containing such User Generated Content; and
your certification that you own or have the exclusive rights to such User Generated Content.
6. MONITORING OF USER GENERATED CONTENT
Although we strive to maintain high standards for this Site, we are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Site. Notwithstanding the foregoing, we reserve the right to modify or remove any User Generated Content at any time. Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of XERBOT.COM. XERBOT.COM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized XERBOT.COM employees acting in their official capacities.
7. PROTECTION OF SITE CONTENT
Our Site is protected by intellectual property laws and you agree to respect them. XERBOT.COM grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights XERBOT.COM has in the content on the Site, to privately display and perform the Site on your computer for your own personal, noncommercial purposes. XERBOT.COM reserves all other rights in the content on the Site, on its own behalf and the behalf of its licensors (including contributors), and XERBOT.COM does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any content on the Site without prior written consent from XERBOT.COM or the third-party owner of the rights in that User Generated Content (if any).
9. TERMINATION OR CANCELLATION
10. DEALINGS WITH MERCHANTS; LINKS
12. DISCLAIMER OF WARRANTIES
Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Site may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer; XERBOT.COM does not warrant the successful operation of the Site on your computer, and we are not liable for any such problems that result from your use of the Site. MOREOVER, THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM XERBOT.COM, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE CONTENT. THE SITE IS PROVIDED BY XERBOT.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XERBOT.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. XERBOT.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XERBOT.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF CONTENT AND OTHER MATERIAL, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. Without limiting any of the foregoing, XERBOT.COM makes the following specific disclaimers for the following categories of information:
INVESTMENT & FINANCIAL INFORMATION: The content located on the Site should not be interpreted as financial or investment advice nor should it be interpreted as creating any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein and you should conduct your own independent research and consult with your personal investment advisor before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take. Neither XERBOT.COM, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your financial/investment decisions based upon, or the results obtained from, the content on the Site.
MEDICAL & HEALTH INFORMATION: The content located on the Site should not be interpreted as medical or health advice. The content should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical advisor relationship. You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments. Neither XERBOT.COM, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your medical, health, dietary or nutritional decisions based upon, or the results obtained from, the content on the Site.
LEGAL INFORMATION: The content located on the Site should not be interpreted as legal advice nor should it be interpreted as creating any kind of attorney-client or legal advisor relationship. You should NOT rely upon the legal information or opinions provided and you should consult with your personal legal advisor; this Site is not a substitute for an in-person consultation with an attorney, as the applicability of the legal principles discussed at the Site may differ substantially in individual situations or in different states or countries. You are solely responsible for any legal decisions or actions you take or omissions you commit. Neither XERBOT.COM, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your legal decisions based upon, or the results obtained from, the content on the Site.
13. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER XERBOT.COM NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF XERBOT.COM AND ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US, IF ANY.
14. COPYRIGHT INFRINGEMENT
We reserve the right to remove any user content on the Site which allegedly infringes another person’s copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide our copyright agent with the following information in writing:
the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
identification of the copyrighted work that you claim has been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit XERBOT.COM to locate the material (for example, by providing a URL to the material);
your name, address, telephone number, and email 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 that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement can be reached at:
15. NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, XERBOT.COM will give you any notices by posting them on the Site. You authorize XERBOT.COM to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if XERBOT.COM decides, in its sole discretion, to do so. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site. XERBOT.COM may provide notice to any e-mail or other address that you provide during registration. You agree to keep your address current and that notice provided by XERBOT.COM to the address that you have most recently provided will constitute effective notice. We receive many emails and not all of our employees are trained to deal with every kind of communication. Therefore, with the exception of notices related to copyright infringement and removal of licensed material described in Sections 14 and 5 above, respectively, you agree to send us any notice by mailing it to our address for Legal Notices which is: XERBOT.COM Raul Carmona 659 casi Sucre, Asuncion, Paraguay Attn: Legal Department.
16. ADDITIONAL TERMS
Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site by certain persons or in certain countries may not be legal.
No Agency; No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
Jurisdiction; Choice of Law; Export Limitations. This Site is controlled by us and is directed to users worldwide. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the State of New York, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and XERBOT.COM agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in New York. You hereby consent to jurisdiction in a state or federal court sitting in New York, New York and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by New York or federal law.
Limitations on Actions. Any action concerning any dispute you may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
No Waiver. The failure of XERBOT.COM to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or XERBOT.COM’s right to act with respect to subsequent or similar breaches.
We suggest that you print out a copy of these Terms for your records.