Terms of Service
These Terms of Service (the "Terms of Service") apply to our the sites, RSS feeds, newsletters, applications, application programming interfaces (APIs), and services (herein, "Services") that are operated by or controlled by iXite including but not limited to iMagazine.com, and iJournal.com (collectively, "iXite Network," "we," "us," or "our"). iXite is an independent media company owned by the Investeur LLC.
Users who visit our Services merely wishing to view content do not need to register and become members. However, any use of our Services (which includes but is not limited to simply viewing our Services' content) constitutes your acknowledgment and acceptance of these Terms of Service, which takes effect the moment you first use our Services.
We reserve the right at any time to change the terms, conditions, and notices under which the Services are offered, including but not limited to these Terms of Service, by posting such changes online. It is your responsibility to refer to and comply with these updated Terms of Service upon accessing our Services. Your continued use of our Services after changes are posted constitutes your acceptance of these Terms of Service as modified.
If these Terms of Service are not accepted in full, you do not have permission to access the contents of our Services and you should cease using our Services immediately.
If there is any conflict between these Terms of Service and any rules and/or specific Terms of Service appearing elsewhere on our Services or on the Services(s) of any third-party providers relating to specific material, then the latter shall prevail, but only as to the specific material to which they relate.
Overview of our Services
Sites and Browser-based User Experiences
iXite operates a range of Internet-based sites and browser-based user experiences, including, without limitation, iXite.com, iMagazine.com, iJournal.com, and all the iXite network of websites including publ, our RSS feeds, our newsletters, and our APIs.
Digital Subscription Services and Products
The term "digital product" refers to paid digital products available from iXite including iXite news magazine, travel, entertainment, gaming, web services, communication, shopping, software, music, video and podcast websites, Applications.
We may offer software applications to help you gain access to our Services. In such circumstances, we grant you a personal, non-exclusive, non-transferable, limited license to install such software applications solely on the devices you will use to access the Services. You agree that we may provide you from time to time with automatic upgrades of these applications, which you will accept for installation. Please note that certain retail application stores that offer our applications may have separate sales terms that will be binding on you if you elect to download our applications from such merchants. Your use of the software must comply with all applicable import and export control laws and regulations of the United States and other countries.
Accessing our Services
Membership and Registration
If you become a member of our Services, you agree to accept responsibility for all activities that occur under your account or password, and agree that you will not sell, transfer, or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access our Services using your name in whole or in part.
You must notify iXite immediately of any breach of security or unauthorized use of your account. Although iXite will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of iXite or others due to such unauthorized use.
You agree not to use the Services to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, 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; (e) stalk, harass, or harm another individual, including revealing the real name of any fellow user who has chosen to use an alias on the Services; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (g) use any "robot," "spider," "rover," "scraper," or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy, or distribute any data from the Services, our network or databases; or (h) interfere with or disrupt the Services or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
Notwithstanding the foregoing, iXite grants the operators of public search engines permission to use spiders to copy materials from our Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. iXite reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their User Submitted Media.
Who May Use The Services:
Age Requirement. You must be at least 13 years old to use the Services. If you are at least 13 but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Services. Please have him or her read these Terms of Service with you.
Notice to Parents and Guardians. By granting your child permission to use the Services, you agree to these Terms of Service on behalf of your child. You are responsible for monitoring and supervising your child's use of the Services. If your child is using the Services and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.
Warning. Even if you are old enough to use the Services and/or have your parent's or guardian's permission, some of the content available within the Services may not be appropriate for you. Some content may contain mature subject matter. If you are under 18, do not view such content.
We reserve the right at any time to charge fees for access to the Services or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access to any Services unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
Communications Between iXite and Members
If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third-party vendors to provide you with information about products and services.
iXite reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
iXite may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
Your use of the Services is subject to your ongoing compliance with these Terms of Service. You acknowledge and agree that iXite may terminate and/or suspend your access to any portion of the Services for any reason, including your failure to comply with these Terms of Service or any other guidelines and rules published by iXite. Any such termination or suspension shall be in iXite's sole discretion and may occur without prior notice, or any notice. iXite further reserves the right to terminate or suspend any user's access to iXite or to any portion of the Services for any conduct that iXite in its sole discretion, believes is or may be directly or indirectly harmful to other users, to iXite or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. iXite further reserves the right to terminate or suspend any user's access to the Services for any reason or for no reason at all, at iXite's sole discretion, without prior notice.
Using Our Services
You understand that when using the Services, you will be exposed to content provided by third parties not under iXite's control ("User Submitted Media") from a variety of sources, and that iXite is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submitted Media. You further understand and acknowledge that you may be exposed to User Submitted Media that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iXite's with respect thereto, and agree to indemnify and hold iXite its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of our Services.
Copyright; Restrictions on Use
The content on the Services (the "Content"), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non-sublicensable, and non-exclusive right to access and use the Services in the manner permitted by these Terms.
Permission to use iXite material is granted on a case-by-case basis. Please see the reprints and permissions page for more information.
You may not copy, make derivative works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from our network or systems. You may not sell, sublicense, or redistribute our software applications or incorporate them (or any portion of them) into another product. You may not reverse-engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the Services or our networks. You may not modify, adapt, or create derivative works from the software or remove proprietary notices in the software.
Copyright Infringement and Trademark Rights
We respect the intellectual property rights of others. Accordingly, we have a policy of removing User Submissions that violate copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.
8345 NW 66th St. Miami, FL 33166
ixite [at] ixite.com
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.
If you believe that your trademark is being used somewhere on the Services in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.
We may provide links to other sites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other sites or resource or its contents. YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER SITE OR INTERNET RESOURCE.
No Investment Advice
The content found on our Services is not:
providing investment, tax, or legal advice, and no iXite content in the Service amounts to investment advice under Financial Services laws.
recommending any financial instrument, investment, or product, including those discussed on the Service.
No iXite content on our Services should be used or regarded as an offer or solicitation of an offer from us to buy or sell securities.
You acknowledge that neither iXite nor iXite's staff will give investment advice as part of the Service and that you must not ask them to do so.
iXite Services do not provide investment advice or recommendations to buy or sell securities. Any correspondence offering trading advice should be treated as false and reported through the feedback link at the bottom of this page.
About our User Submitted Media
We own all rights, title, and interests in any compilation, collective work, or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature on the Services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty-free, perpetual right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works from, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this Section will survive the termination of these Terms.
All content and materials provided on the Services are intended for general information, general discussion, education, and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. THE CONTENT IS PROVIDED "AS IS," AND YOUR USE OR RELIANCE ON SUCH MATERIALS IS SOLELY AT YOUR OWN RISK.
Code of Conduct
In using the Services, you must behave in a civil and respectful manner at all times. Further, you agree to all of the following:
You acknowledge that the service is for personal use only. You agree that you will not use the Service for any commercial purposes.
You are responsible for all activity that occurs under your Username.
You are solely responsible for your conduct and any Content (defined below) that you submit, post, and display on the Service, or that you allow others to submit, post, and/or display on the Service under
You must not harass, threaten, impersonate, or intimidate other iXite members.
You must not upload, post, e-mail, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
You must not upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, affiliate links, or any other form of solicitation.
You must not transmit any worms, viruses, or any code of a destructive nature.
You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
You must not use the Service for any illegal or unauthorized purpose. If you are an international member, you agree to comply with all local laws regarding online conduct and acceptable Content.
You must not create multiple member accounts with the intention of artificially inflating ratings or exploiting other features in the Service.
You agree that you will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant iXite all of the license grants granted herein.
You agree that you shall be solely responsible for your own Content and the consequences of posting or publishing it.
iXite reserves the right, at its sole and absolute discretion, to reject, refuse to post, or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of iXite at any time, for any or no reason, without prior notice or warning, and without liability.
iXite has the right, but not the obligation, to monitor all conduct on and content submitted to the Services.
iXite reserves the right to remove any materials and/or terminate your access to any or all of the services offered by Services at any time without notice for any reason whatsoever.
Content that violates any applicable laws or regulations not specifically referenced herein.
Additional Information about our Terms of Service
Please note that the information, software, products, and services included in, or available through, the Services website are continually being updated and upgraded. iXite does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, OUR SERVICES ARE PROVIDED AS IS WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. iXite EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
The information and other materials included on our Services may contain inaccuracies and typographical errors. iXite does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through our Services (including, without limitation, the information provided through the use of any software or any user-generated content). You acknowledge that any reliance on any such statement or information shall be at your sole risk. iXite reserves the right, at its sole discretion, to correct any errors or omissions in any part of our Services and to make changes to our Services and to the materials, products, programs, services, or prices described in our Services at any time without notice.
MIT does not warrant that the functions contained in our Services will be uninterrupted or error free, that defects will be corrected, or that our Services or the server that makes it available are free of viruses or bugs. iXite does not represent the full functionality, accuracy, or reliability of any material. iXite may terminate, change, suspend or discontinue any aspect of our Services, including the availability of any features of our Services, at any time without notice or liability.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL iXite AND/OR ITS EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES WEBSITE, THE DELAY OR INABILITY TO USE THE SERVICES WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SERVICES OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Services website, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Services website and services provided therein.
Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.
Disputes arising from these Terms of Service or your use of the Services website shall be exclusively subject to the jurisdiction of the courts of Massachusetts. Any cause of action you may have with respect to your use of our Services must be commenced within one (1) year after the claim or cause of action arises.
iXite makes no representation that materials on our Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is strictly prohibited. If you access our Services from a location outside of the United States, you are responsible for compliance with all local laws.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Modifications to Terms
We may, in our sole and absolute discretion, change these Terms from time to time. We will post notice of such changes on the Services. If you object to any such changes, your sole recourse shall be to stop using the Services. Your continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications to the Services
We reserve the right to modify or discontinue all or any aspect of the Services with or without notice to you. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD iXite EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE SERVICES.
These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that we makes available through the Services and any additional terms to which you agree when using particular elements of the Services (e.g., terms specific to a site within the iXite Network or relating to the payment of fees for certain Services content or services), constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. In the event of any conflict between these Terms and terms of a specific Service, these Terms shall govern.
Last updated: June 15th, 2013