iXLd Media Inc, AS A CONVENIENCE TO YOU GRANTS YOU ACCESS TO ITS WEBSITES, ACCESSIBLE VIA nicolacrosby.com (THE “SITE”) CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THESE “TERMS OF USE”). FOR THE PURPOSES OF THESE TERMS OF USE, “CONTENT” MEANS, COLLECTIVELY, ANY TEXT, IMAGES, SOFTWARE, SOURCE CODE, APPLICATIONS, SPECIFICATIONS, AUDIO FILES, ARTICLES, AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH nicolacrosby.com THAT ARE NOT SUBMISSIONS (AS DEFINED BELOW).

Acceptance of Terms.

PLEASE READ THESE TERMS OF USE AND iXLd Media Inc’S PRIVACY POLICY CAREFULLY. BY USING nicolacrosby.com, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY . IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT nicolacrosby.com IMMEDIATELY AND DISCONTINUE ANY USE OF ANY CONTENT YOUR USE OF nicolacrosby.com SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. iXLd Media Inc CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON nicolacrosby.com AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING nicolacrosby.com. IF YOU DO NOT CEASE USING nicolacrosby.com, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

You are also subject to the iXLd Media Inc Privacy Policy.

These Terms of Use are effective as of January 1, 2009.

Use and Restrictions.

nicolacrosby.com is provided solely as a convenience to you for non-commercial use. You may use nicolacrosby.com only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that iXLd Media Inc, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of nicolacrosby.com. You further agree that you will not: (a) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (b) other than for your use of nicolacrosby.com as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which nicolacrosby.com is hosted or modify or alter nicolacrosby.com in any way; or (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via nicolacrosby.com.

Submissions

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos and other content or material that you submit, upload, post or otherwise make available on or through nicolacrosby.com (each a “Submission”) and through the services available in connection with nicolacrosby.com, and that you, and not iXLd Media Inc, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the iXLd Media Inc Privacy Policy, you agree that any Submission provided by you in connection with nicolacrosby.com is provided on a non-proprietary and non-confidential basis. You agree that iXLd Media Inc is free to use a Submission for the purpose of providing you with the associated services and you grant iXLd Media Inc a sublicensable, perpetual, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. Additionally, iXLd Media Inc agrees to use all of your Submissions in accordance with iXLd Media Inc’s Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

You further agree that you will not upload, post or otherwise make available on nicolacrosby.com any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through nicolacrosby.com or otherwise have the right to grant the licenses to iXLd Media Inc set forth in this section, and (ii) the posting of your Submissions on or through nicolacrosby.com does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through nicolacrosby.com.

When submitting Submissions to or otherwise using nicolacrosby.com and/or the services, you agree not to, without limitation:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access nicolacrosby.com.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions, goals, profiles or comments posted by others on nicolacrosby.com.

This list of prohibitions provides examples and is not complete or exclusive. iXLd Media Inc reserves the right to (a) terminate your access to your account, your ability to post to nicolacrosby.com (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that iXLd Media Inc determines is inappropriate or disruptive to nicolacrosby.com or to any other user of nicolacrosby.com and/or services. iXLd Media Inc may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at iXLd Media Inc’s discretion, iXLd Media Inc will cooperate with law enforcement agencies in any investigation of alleged illegal activity on nicolacrosby.com or on the Internet.

Feedback

If you submit any feedback or ideas about our products and services to nicolacrosby.com, you hereby assign and agree to assign to iXLd Media Inc all right, title and interest in and to such feedback.

Modifications

Any Content offered or posted on nicolacrosby.com is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, iXLd Media Inc reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through nicolacrosby.com, at any time and from time to time.

Links to Third Party Websites

nicolacrosby.com may contain links to websites and other resources operated by third parties other than iXLd Media Inc. Such links are provided solely as a convenience to you. iXLd Media Inc does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on nicolacrosby.com does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

Warranties and Disclaimer

nicolacrosby.com, SUBMISSIONS AND ANY CONTENT PROVIDED VIA nicolacrosby.com, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, iXLd Media Inc DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO nicolacrosby.com, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, iXLd Media Inc DOES NOT REPRESENT OR WARRANT THAT nicolacrosby.com, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA nicolacrosby.com IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF nicolacrosby.com, YOU WARRANT TO iXLd Media Inc THAT YOU WILL NOT USE nicolacrosby.com FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

Limitation of Liability

iXLd Media Inc AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF nicolacrosby.com, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Copyright and Trademark Infringements

iXLd Media Inc respects the intellectual property rights of others, and we ask you to do the same. iXLd Media Inc may, in appropriate circumstances and at our discretion, terminate service and/or access to nicolacrosby.com for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please submit a notification to us with the following information.

  • (a) A physical or electronic signature of a copyright owner or an authorized agent of anyone who holds proprietary rights to the material that has been infringed;
  • (b) Specific identification of the material claimed to have been infringed;
  • (c) Specific identification of the material that is claimed to be infringing;
  • (d) A statement that you believe the use of material in the way that you have deemed unlawful, is not authorized by the copyright owner or its agent;
  • (e) A statement that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right, under penalty of perjury; and
  • (f) Contact information, such as your physical mailing address, telephone number and an electronic mail address, so that iXLd Media Inc can contact you.

Such information must be sent to our copyright agent through our contact form at the Contact page.

Governing Law

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with nicolacrosby.com and/or the Content must and will be venued exclusively in Vancouver, BC, Canada. These Terms of Use and the relationship between you and iXLd Media Inc will be governed by the laws of the Vancouver, BC, Canada without giving effect to principles of conflict of laws of any jurisdiction

© 2009 iXLd Media Inc. All Rights Reserved