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Welcome to Xtava, thank you for signing up to become a “Member” of Xtava (for purposes of this Agreement, “You”, “Yourself” or “Your” means the natural person who registers for the Service, wishes to become a Member of Xtava, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Xtava). All members must be natural persons and not corporations, companies, partnerships, or other entity types. IF YOU DO NOT AGREE TO THIS AGREEMENT YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
1. Authorized Use of Site. The Xtava Website is provided for your personal, household and non-commercial use and for informational purposes only. Any other use of the Xtava requires the prior written consent of Xtava. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Xtava Website. Further, you may not use any such automated means to manipulate the Xtava Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Xtava Website or any other user’s use of the Xtava Website, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing” the Xtava Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, transfer information, or access to the Xtava Website to any third party without our prior written consent.
2. Registration and Passwords. In order to access certain services on the Xtava Website, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true and legal identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. If Xtava determines, upon its sole discretion at any time that you have been untruthful, used aliases, multiple accounts, and/or other fraudulent measures to access the Xtava website and/or promotional content, Xtava has the right to terminate your account and remove you from any reward program.
3. Xtava and Client Content. The contents, advertisements, information and other materials of Xtava and the Xtava Website, and of all other websites under Xtava’s control, whether partial or otherwise, such as text, graphics, intellectual property, images, logos, trademarks, copyrighted material, button icons, software and any other content (collectively, “Xtava Content”) and the compilation (meaning the collection, arrangement and assembly) of all Xtava Content, are protected under copyright, trademark and other laws. As between You and Xtava, all Xtava Content is Xtava’s exclusive property. Unauthorized use of Xtava Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in Xtava Content on any permitted copy You make of Xtava Content. You shall not copy or adapt the code that Xtava creates to generate any Xtava Content or the pages making up any Xtava Site (defined below), which is also protected by Xtava’s copyright. You may not remove any watermarks or other marks of ownership from any Xtava Content nor may you use, manipulate, entirety or in part any Xtava Content.
The contents, advertisements, information and other materials of any Xtava client (“Client”) or Client’s Website, and of all other websites under Client’s control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “Client Content”) and the compilation (meaning the collection, arrangement and assembly) of all Client Content, are protected by copyright, trademark and other laws. As between You and Client, all Client Content is Client’s exclusive property. Unauthorized use of Client Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in Client Content on any permitted copy You make of Client Content.
You may not sell or modify Xtava Content or Client Content or reproduce, display, publicly perform, distribute, or otherwise use Xtava Content or Client Content in any way for any public or commercial purpose, unless previously approved in writing by Xtava or Client (as applicable). The use of Xtava Content or Client Content on any other website for any purpose is prohibited. For sake of clarity, you are not permitted to use any Xtava Content or Client Content unless you are given express permission to do so by Xtava or Client.
By using the Xtava Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Xtava Website. All rights not granted under this Agreement are reserved by Xtava.
4. Rights to Content Posted by Members. Unless otherwise specified, You may only post Content to the Site if you are thirteen (13) years of age or older, provided that should you be less than eighteen (18) years old, your parents or legal guardian have agreed to the terms of this Agreement on your behalf. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, You must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Xtava. You may not post or distribute Content that is illegal or that violates this Agreement. By posting or distributing Content to the Site, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Site and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
By publishing, displaying, or uploading any text, links, photos, video, messages, or other data or information (personal or otherwise) (collectively “Submitted Content”) on or to the Xtava Website (including on or to Your profile), You automatically grant, and You represent and warrant that You have the right to grant to Xtava an irrevocable, perpetual, non-exclusive, fully paid and royalty-free (meaning that Xtava is not required to pay You for the use of the Service or the Submitted Content You post) worldwide license to use, copy, perform, display and distribute such Submitted Content and to prepare derivative works of, or incorporate into other works, such Submitted Content, and to grant and authorize sublicenses of the foregoing. You further grant to Xtava the authority to publicly post Your Submitted Content on or to the Xtava Website, and You represent and warrant that the public posting and use of Your Submitted Content by Xtava will not infringe or violate Your rights of those of any third party.
5. Eligibility. You must be 13 years of age or older to join the Service or visit or use the Xtava Website in any manner. If you are over 13 years of age and under 18 years of age, you must have permission from your parent or legal guardian to join the Service and accept these Terms. Xtava has the right, in its sole discretion, to request parental/legal guardian consent forms at any time from any minors who are under 18 years of age. Minors who are under 18 years of age (but over 13 years of age) may be prohibited from participating in certain activities or events and parental/legal guardian consent may be required in order for minors to participate in other activities or events. By visiting the Xtava Website and accepting the terms of this Agreement, You represent and warrant to Xtava that You are 13 years of age or older (if over 13 but under 18 that you have permission from parent or legal guardian to visit the Xtava Website and accept the terms of this Agreement), that You have the right, authority and capacity to agree to and abide by the terms of this Agreement, and that You will use Xtava and the Xtava Website solely for Your personal, noncommercial use, in a manner consistent with any and all applicable laws and regulations.
6. Security Rules. You shall not violate or attempt to violate the security of the Xtava Website, and any other such websites, which are sometimes collectively referred to as a “Xtava Site,” and collectively referred to as the “Xtava Sites,” including without limitation, (a) accessing data not intended for Member or logging into a server (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software, or routine to interfere or attempt to interfere with the proper working of any Xtava Site or any activity being conducted on any Xtava Site, (c) attempting to interfere with the availability of any Xtava Site to any representative, host or network, including, without limitation, via means of submitting a virus to any Xtava Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” any Xtava Site, (d) utilizing any Xtava Site for the advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) using a password or access code not issued to the Member. Violations of system or network security may result in civil or criminal liability. Xtava will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in identifying, investigating and/or prosecuting Members who are involved in such violations.
7. Term and Termination. This Agreement will remain in full force and effect while You use the Xtava Website and/or are a Member. You may terminate Your membership at any time, for any reason by following the instructions on the “Preferences” page of the Xtava Website. Even after Your membership is terminated, this Agreement will remain in full force and effect.
Xtava may terminate Your membership for any reason, at any time. Xtava may, in its sole discretion, terminate or suspend any Member’s access to all or part of the Service including the cancellation of some or all of the Member’s accumulated “Xtava Rewards” (defined below) for any or no reason, including, without limitation, breach of this Agreement, or taking actions that are inconsistent with the intent of this Agreement. Xtava shall be the sole determiner in cases of suspected abuse, fraud, or breach of this Agreement or intent of this Agreement. If Xtava terminates Your membership in the Service because You have breached this Agreement or taken actions that are inconsistent with the intent of this Agreement, You will not be entitled to any previously accumulated points (“Xtava Points”) nor will You be entitled to receive products to review or previous reviews and opinions on products (“Xtava Review”).
Xtava reserves the right to suspend and/or cancel your membership in this Service or any account you may have, permanently expel you from the Service and/or put a “hold” on, not credit, revoke and/or delete Xtava Review from your Account, if Xtava determines, in its sole and absolute discretion, that you: (a) abused the Service’s privileges; (b) breached this Agreement; (c) made a misrepresentation, including without limitation, submitting false or fictitious Personal Information; (d) purchased merchandise that will be used for resale or commercial use; and/or (e) obtained Xtava Review as a result of any fraudulent, dishonest, misleading or illegal act, or were otherwise improperly credited Xtava Review.
Xtava reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to, cancelation of Your account, profile, Submitted Content from the Xtava Website, and/or some or all of Your accumulated Xtava Points, and the immediate termination of Xtava Services and the services of other Xtava Sites to You, upon any breach by You of the terms of this Agreement or if the Xtava is unable to verify or authenticate any information You submit to Xtava or any other Xtava Site. Any decision Xtava makes relating to cancellation, termination or suspension of any Member’s account and membership (including the cancellation of Xtava Points) shall be final and binding.
Xtava may also terminate any Member’s account in its sole discretion if a Member has been inactive for a period of eighteen (18) months. A Member will be defined as inactive based upon Member’s failure to login to the Site. When a Member’s account has been terminated, all Xtava Points earned shall be forfeited.
You may terminate your membership in the Service at any time and effective immediately. Xtava will not be liable to you or any third party for termination of the Service or Site. You may terminate your membership by contacting us or by using the “terminate membership” function if available. All of your rewards, badges, points accumulated will be forfeited upon termination.
8. Obtaining Review Product. Xtava may at its discretion provide for Your personal, household, and non-commercial use a debit card, account number, billing account, and/or prepaid cash card to facilitate Your obtaining and receiving of products to review. This debit card, account number, billing account, and/or prepaid cash card is NOT a form of payment for reviewing products. UNDER NO CIRCUMSTANCES SHOULD YOU CONSIDER ANY MONIES ON ANY DEBIT CARD AND/OR PREPAID CASH CARD PAYMENT, SALARIES, GIFTS, OR ANY OTHER FORM OF COMPENSATION. RECEIPT OF A DEBIT CARD AND/OR PREPAID CASH CARD DOES NOT CREATE ANY EMPLOYMENT RELATIONSHIP. This debit and/or prepaid cash card is solely provided to You to facilitate obtaining and acquiring products to review from various platforms. It is Your responsibility to safeguard the card and/or account numbers at all times. You are not allowed to use any debit card, account number, billing account, and/or prepaid cash card from Xtava for unauthorized purposes including but not limited to personal expenses, unauthorized product acquisitions, business expenses, and/or other expenses. You are requested to return any and all Xtava issued debit cards, account numbers, billing account, and/or prepaid cash cards immediately, but not later than 48 hours after termination of your Xtava membership.
10. Copyrights and Trademarks. All materials included on the Xtava Sites including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the intellectual property of Xtava or its clients, unless otherwise noted or attributed. Xtava, Xtava R, and the Xtava logo are trademarks and service marks of Xtava LLC. Text excerpts, diagrams, logos or other information may be quoted within the content of the Xtava Sites, and the respective copyright holders retain their rights to this material. You may download, view, email, copy and print documents and graphics incorporated in the documents from the Xtava Sites subject to the following: (1) the documents may be used solely for involvement in campaigns or personal, informational, non-commercial purposes; and (2) the documents may not be modified or altered in any way. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative works of any information from the Xtava Sites in whole or in part without the prior written permission of Xtava.
11. Xtava’s Liability. Xtava is only a venue and Xtava does not screen or censor the profiles or Submitted Content of Members. We generally do not control the Submitted Content or information provided by Members that is made available through Xtava. As a result, the Xtava has no control over the truth or accuracy of the information submitted by Members. Xtava makes no representations about the accuracy, reliability, completeness, or timeliness of any profile or Submitted Content of Members. In addition, note that there are risks, including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Members with whom You come in contact through Xtava. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using Xtava and/or the Xtava Sites.
Because Member authentication on the Internet is difficult, Xtava cannot and does not confirm that each Member is who they claim to be. Because we do not and cannot be involved in Member-to-Member dealings or control the behavior of participants on any Xtava Site, in the event that You have a dispute with one or more Members, You release the Xtava (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You are entirely responsible for maintaining the confidentiality of Your password and account information. Furthermore, You are entirely responsible for any and all activities that occur under Your account.
12. Disclaimer of Consequential Damages. IN NO EVENT SHALL Xtava, ITS CLIENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, SUPPLIERS, AFFILIATES, PARENT COMPANIES, OR ANY THIRD PARTIES MENTIONED ON ANY Xtava SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY Xtava SITE AND Xtava CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Xtava IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Limitation of Liability. Xtava, its Clients, and their respective parent companies, subsidiaries, affiliates, directors, officers, LLC members, managers, employees, and agents shall not be liable for any damages, special, consequential, or otherwise, arising out of, or in any way connected with Your use of the Xtava Service or participation in its Programs, the use of information provided by You under the Programs, or the merchandise or services obtained by You through the redemption of Xtava Points under the Service.
Xtava’s MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY Xtava SITE OR YOUR USE OF Xtava, OR THE Xtava CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED (I) TEN DOLLARS ($10). SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, AND AS SUCH THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, Xtava, ITS CLIENTS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, LLC MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. FURTHER, UNDER NO CIRCUMSTANCES SHALL Xtava BE LIABLE FOR ANY ACTIONS WHATSOEVER BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE OR INVOLVEMENT IN A PROGRAM OR TASK. MEMBERS ARE NOT EMPLOYEES OF Xtava, AND Xtava, WHILE CREATING, TRACKING AND MANAGING THE NETWORK IN WHICH Xtava’S CLIENTS AND MEMBERS ARE UNITED, SOLELY FACILITATES THE ENGAGEMENT OF MEMBERS BY ITS CLIENTS AND AS SUCH DOES NOT AND CANNOT CONTROL, MONITOR, SUPERVISE OR REGULATE THE ACTIONS OF MEMBERS.
14. Confidentiality. You are responsible for maintaining the confidentiality and all uses of Your account, and password whether or not authorized by You. You agree to immediately notify the Xtava of any unauthorized use of Your account, and password. Further, You acknowledge that during Your engagement with Xtava, You will have access to and become acquainted with various trade secrets, data, inventions, innovations, processes, information, records and specifications (“Confidential Information”) owned or licensed by Xtava and/or used by Xtava in connection with the operation of its business including, without limitation, Xtava’s business and product processes, methods, customer lists, accounts and procedures. Further, You acknowledge that during Your engagement with Xtava, You will have access to and become acquainted with Confidential Information owned or licensed by clients of Xtava. You agree that You will not disclose any of the aforesaid Confidential Information, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of Your engagement with Xtava. All Xtava Content, and all similar items relating to the business of Xtava, shall remain the exclusive property of Xtava. You shall not retain any copies of the foregoing without Xtava’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by Xtava, You shall immediately deliver to Xtava any and all such files, records, documents, specifications, information, and other items in Your possession or under Your control.
15. Member Disputes. You are solely responsible for Your interactions with other Xtava Members. Xtava reserves the right, but has no obligation, to monitor disputes between You and other Members.
17. Right To Be Removed From Programs. Xtava reserves the right to remove a Member from any campaign, program, task, activity, action, poll, survey, contest, sweepstakes, or the like, coordinated by Xtava (each a “Program”) at any time for any reason. If You are removed from a Program, You will be notified by a Xtava representative.
18. Contact with Members. Xtava has the right, but not the obligation, to periodically contact Members with information, updates, and special offers via email. If there are any inaccuracies in such correspondences, Xtava will not be held responsible.
20. Right to Offer Programs to Select Members. Programs will be offered to Members based on various demographic and psychographic parameters, as well as previous performance and/or certain scores determine by Xtava. If You qualify for a Program, You, as a Member, will have the ability to join the Program by selecting it from Your Home Page on the Xtava Website and/or mobile/email notifications sent to You, with following the instructions provided.
21. Indemnification. You agree to indemnify, hold harmless and defend Xtava, its Clients, parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, and their respective successors and assigns against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, debts, expenses, judgments, losses or other liabilities of whatever kind or nature as they are incurred or threatened (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees), arising from or out of or in connection with the following, without limitation:
a) A breach by You of this Agreement or any obligation or covenant in this Agreement, including Your representations and warranties set forth above;
b) A violation of any law, rule, regulation, or authority by You in connection with the performance of this Agreement, Your use of the Service or Your involvement in a Program;
c) Any negligent, reckless or intentional acts or omissions committed by You in connection with the entry into or performance of this Agreement, Your use of the Service or Your involvement in a Program;
d) A claim against You that the Service or a Program infringes the patent, copyright, trademark, trade secret or other intellectual property rights of any third party; or
e) A claim of libel, false advertisement, slander, defamation, copyright infringement, infringement of moral rights, trademark infringement, false designation of origin, disparagement, violation of privacy, publicity, identity or other proprietary rights, violation of patent or shop rights, piracy or plagiarism that arises in connection with Your performance under this Agreement, Your use of the Service or Your involvement in a Program.
f) Further, Xtava shall provide You with: (a) prompt written notice of such claim or action; (b) sole control and authority over the defense or settlement of such claim or action (except that You shall not enter into any settlement that materially adversely affects Xtava’s rights or interests without Xtava’s prior approval); and (c) proper and full information and reasonable assistance, provided at Your sole expense, in connection with the defense or settlement of any such claim or action. Notwithstanding the foregoing, Xtava shall have the right, in its sole discretion, to participate in the defense at its own expense with a counsel of its choosing.
22. Comments, Complaints and Questions. We welcome Your feedback about the Xtava Website. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Xtava Website shall be and remain the exclusive property of Xtava, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to You. Should You have any questions or complaints regarding these terms and conditions, please feel free to contact us.
23. Legal Compliance and Applicable Law. You agree to comply with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to Your use of the Xtava Website, and not to use the Xtava Website site for any purpose that is contrary to any such laws, rules, regulations or orders. All matters relating to Your access to, and use of, the Xtava Website or any services provided by Xtava shall be governed by U.S. federal law or the laws of The State of New York. Any legal action or proceeding relating to Your access to, or use of, the Xtava Website shall be instituted in a state or federal court in New York. You and Xtava agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
24. Xtava’s Code of Conduct. Xtava requires that all Members abide by the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) (“FTC Endorsement Guides”) and Standards of Conduct set forth by the Word of Mouth Marketing Association (http://womma.org/ethics/code/).
a. FTC Endorsement Guides: Xtava believes in full transparency and in full, fair and effective disclosures of material facts relating to your relationship with Xtava and its clients. Per the FTC’s Endorsement Guides, if you are receiving free products, services, payment or other in-kind compensation in exchange for your participation in this Service or in return for promoting a client or its products/services, you must disclose your connection to Xtava and/or its Client. This disclosure should appear in close proximity to any statements you make about Sponsor’s products or services or the Sponsor in general.
b. WOMMA Standards of Conduct: (as a Member, you are considered a representative for purposes of the section b.)
Standard 1 – Disclosure of identity: A WOMMA-member shall require their representatives to make meaningful disclosures of their relationships or identities with consumers in relation to the marketing initiatives that could influence a consumer’s purchasing decisions.
Standard 2 – Disclosure of consideration or compensation received: A WOMMA-member shall require their representatives to disclose meaningfully and prominently all forms of consideration or compensation they received from the WOMMA-member, a marketer or sponsor of the product or service. In other words, WOMMA-members shall not engage in marketing practices where the marketer/sponsor or its representatives provides goods, services, or compensation to the consumer (or communicator) as consideration for recommendations, reviews, or endorsements, unless full, meaningful, and prominent disclosure is provided.
Standard 3 – Disclosure of relationship: A WOMMA-member shall require their representatives involved in a word of mouth initiative to disclose the material aspects of their commercial relationship with a marketer, including the specific type of any remuneration or consideration received.
Standard 4 – Compliance with FTC Guides: A WOMMA-member shall comply with the Guides Concerning Use of Endorsements and Testimonials in Advertising promulgated by the Federal Trade Commission. See 16 C.F.R. §§ 255.0–255.5.
Standard 5 – Genuine honesty in communication: A WOMMA-member shall not tell their representatives what to ultimately state in their communications about a particular product or service, so as to enable the consumer to reflect his or her honest opinions, findings, beliefs, or experiences.
Standard 6 – Respect for venue: A WOMMA-member shall respect the rights of any online or offline communications venue (such as a web site, blog, discussion forum, traditional media, and live setting) to create and enforce its own rules as it sees fit.
Standard 7 – Marketing with children and adolescents: A WOMMA-member shall not include children under the age of 13 in any of its word-of-mouth marketing programs or campaigns; and shall comply with all applicable laws dealing with minors and marketing, including the Children’s Online Privacy Protection Act (“COPPA”). See 16 C.F.R. § 312.
Standard 8 – Compliance with media-specific rules: A WOMMA-member shall comply with existing media-specific rules regarding marketing to children.
25. Prohibited Actions Xtava expects all of its users to be respectful of other people. The following is a partial list of the kinds of conduct that are illegal or prohibited on the Xtava Website and the Service. In addition to the requirements set forth in Section 26 above, below is a partial list of the kind of actions that are illegal or prohibited by Xtava in connection with Your service as a Xtava Member. Engaging in any of these actions by You while serving as a Member of Xtava and in connection with Your service as a Member may, in the sole and absolute discretion of Xtava, result in termination of Your membership with Xtava and Your status as a Member. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against any Member who violates this provision. Prohibited Actions include, but are not limited to, any action which:
a) incites, advocates, or expresses pornography, nudity, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence;
b) misrepresents the source of anything you post, including impersonation of another individual or entity;
c) provides or create links to external sites that violate the Xtava Terms of Service or Code of Conduct;
d) is intended to harm or exploit minors in any way;
e) is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years old), including, but not limited to: name, email address, home address, phone number, or the name of their school;
f) invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent;
g) is illegal or violates any local and national laws that apply to your location; including but not limited to child pornography, illegal drugs, copyright material and intellectual property not belonging to you;
h) is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage any one else to do so;
i) intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming;
j) attempts to impersonate a Xtava employee, agent, manager, host, another user, or any other person though any means;
k) infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
l) is inaccurate, false or misleading in any way;
m) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
n) contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Xtava is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Xtava will make all determinations as to what Content is appropriate in its sole discretion. Xtava may edit or remove any Content at any time with or without notice.
26. Notices and Legal Disclaimer. The Xtava Website may contain other proprietary notices and copyrigTerms and Conditions for Xtava