The Orchid Source - Orchid Forum

Compliance with Law

OSF Members will use the services offered by Xfactor Multimedia Inc in a manner consistent with all applicable local, state and federal laws and regulations.

Prohibition of Publication of Certain Material

OSF Members shall not knowingly or unknowingly submit to Xfactor Multimedia Inc for publication any of the following material (including pictures, links, or any other content):

(a) Any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;

(b) Any material that is libelous or slanderous;

(c) Any material which is or contains anything obscene or pornographic; or

(d) Distribution lists to be used via unsolicited electronic mail or other mass electronic mailings. Spam or Spam software of any kind will not be tolerated. OSF Members guilty of Spaming or utilizing mass mailing on our network will have their service discontinued. Due to the public nature of the Internet, all material submitted by OSF Members for publication will be considered publicly accessible. Xfactor Multimedia Inc does not screen in advance OSF Members material submitted to Xfactor Multimedia Inc for publication. Xfactor Multimedia Inc publication of material submitted by OSF Members does not create any express or implied approval by Xfactor Multimedia Inc of such material, nor does it indicate that such material complies with the terms of this Agreement.

DISCLAIMER OF WARRANTIES

Xfactor Multimedia Inc, SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.

Xfactor Multimedia Inc SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Xfactor Multimedia Inc BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF Xfactor Multimedia Inc HAS BEEN ADVISED BY OSF Members OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF Xfactor Multimedia Inc, SERVICE TO OSF Members IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, Xfactor Multimedia Inc, SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY OSF Members TO Xfactor Multimedia Inc FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.

Limitation/Disclaimer of Liability

Xfactor Multimedia Inc is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.

Xfactor Multimedia Inc does not represent or warrant to OSF Members that OSF Members will receive continual and uninterrupted service during the term of this Agreement.

In no event shall Xfactor Multimedia Inc be liable to OSF Members for any damages resulting from or related to any failure or delay of Xfactor Multimedia Inc to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Xfactor Multimedia Inc control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.

Indemnity

OSF Members agrees to defend, indemnify and hold Xfactor Multimedia Inc harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by Xfactor Multimedia Inc to OSF Members under this Agreement, including without limitation claims made by third parties (including customers of OSF Members) related to any false advertising claims, liability claims for products or services sold by OSF Members, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by OSF Members for publication by Xfactor Multimedia Inc.