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Terms of Use

Welcome to the official X-Spot web site located at www.X-Spot.com (“Site”), which is operated by X-Spot New Media, LLC (“XS”,” “we,” or “us”), a subsidiary of X-Spot, Inc. By clicking “I Agree” or by using the Site after having been afforded an opportunity to review the following terms and conditions concerning your use of the Site (“Terms”), you are indicating that you agree to follow and be bound by the Terms. These Terms were last revised on December 13, 2012.

  1. USE OF SITE CONTENT
    • o Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics, or other material contained on this Site or in commercially produced information presented to you through the Site by XS or XS’s third party licensors (“Content”) is protected by copyright, trademarks, service marks, patents, or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized herein or in writing by XS. These Terms do not transfer any right, title, or interest in the Site or the Content to you, and XS and its third party licensors retain all of its and their respective right, title, and interest to the Site and Content
    • o Except as provided in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of XS. Requests for such permission should be made to Xspotcomedylounge.com.

  2. USE OF SITE CONTENT
    • Stream, view, and print Content, but only if:
      1. the Content is used solely for personal, informational, or internal business purposes;
      2. the Content is not provided, sold, licensed, or leased (nor is access provided to the Content) for any fee or other consideration;
      3. all copyright, trademark, and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
      4. the Content is not modified or altered in any way; and
      5. 5. no graphics are used separately from accompanying text.
    • Link or hyper-link to the home page of the Site from any Qualified Site, but only if:
      1. you notify us by email at Xspotcomedylounge.com specifying the URL of each page from which you will be linking to our home page;
      2. you do not frame the Site or any portion of the Site;
      3. you do not deep link into the Site (i.e., you do not link into any page other than the home page) without our permission;
      4. the link or hyper-link to the Site is not used in a way that suggests that XS endorses you or your web site;
      5. the link is identified using a plain text rendering of the X-Spot name and not any trademark or logo of XS or X-Spot;
      6. the link or hyper-link to the Site is not used or presented in any way that disparages XS or X-Spot or tarnishes, blurs, or dilutes the quality of its or their names or trademarks or any associated goodwill;
      7. the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and
      8. you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason. “Qualified Site” means a web site that displays no Objectionable content, is not owned or controlled by a competitor to XS and the content of which is not competitive to the Site. “Objectionable” means as to any content, information in any medium or format, including without limitation text, data, graphics, audio, or video, that:
        • is libelous or defamatory, pornographic, sexually explicit, unlawful, or plagiarized;
        • a reasonable person would consider harassing, abusive, threatening, obscene, or excessively violent, or
        • constitutes a breach of any person’s privacy or publicity rights, hate speech, or an infringement of any third party’s intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality, or moral rights; or
        • violates or encourages other to violate any applicable law.

  3. YOU MAY NOT UNDER ANY CIRCUMSTANCE:
    • Send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising, solicitations, and similar email solicitations are expressly prohibited);
    • Delete, modify or attempt to change or alter any of the Content on the Site;
    • Use any device, software, or routine that interferes with the proper functioning of the Site or take any other action that interferes with other parties’ use of the Site;
    • Use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations;
    • Use any “robot”, “spider,” or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
    • Use any XS or X-Spot names or trademarks as metatags or hidden text.

  4. USE OF INTERACTIVE COMPONENTS OF SITE
    • The Site may contain message boards, blogs, forums, social media integrations, chat rooms, and/or other interactive functions (collectively, “Site Forums”). The functionality of the Site may allow you to:
      1. provide content (including, without limitation, text or photographs, video, or other graphics), e-mail communications or other information that is to be posted on or through the Site (collectively, as provided by any user “Forum Information”); and
      2. view and respond to Forum Information provided by other users of the Site. You acknowledge that
          • XS does not necessarily pre-screen Forum Information;
          • XS does not endorse or adopt (and has not necessarily reviewed) any Forum Information nor assumes any responsibility for any material therein; and
        XS shall have the right (but not the obligation) in its sole discretion to refuse or remove any Forum Information on the Site and to edit or delete any Objectionable material If you believe that XS has acted mistakenly with respect to certain Forum Information or other content, you may contact us at Xspotcomedylounge.com, in which case we may investigate the matter further. We reserve the right, however, to take no further action. You agree not to post any Forum Information that is Objectionable. In the event that you post or make accessible communications or other materials that we determine in our sole discretion are Objectionable, XS shall terminate your access to the Site. If you believe that Forum Information remains on the Site that violates your rights, your sole remedy shall be against the person responsible for posting or storing it, not against us. If you believe that Forum Information remains on the Site that infringes your copyrights, you must follow the procedure set forth in Section 16 below. In addition to the restrictions on disclosure of Personal Information as set forth in XS’s Privacy Policy, XS will not edit, delete, or disclose the contents of your personally identifiable information submitted in connection with your Forum Information or your use of the Site unless:
          1. you authorize XS to do so;
          2. you yourself disclose your identity or other personal information about yourself in a Site Forum or as part of Forum Information posted to an area of the Site accessible to other users; or
          3. if XS is required to do so by law or in the good faith belief that such action is necessary to: You acknowledge that
            1. conform with applicable laws or comply with legal process served on XS;
            2. protect and defend the rights or property of XS or another user; or
            3. enforce these Terms. The foregoing notwithstanding, in the event you submit personally identifiable information as part of your use of a Site Forum, including without limitation, your email address, you understand and agree that all such personally identifiable information so submitted may be disclosed within the Site Forums to other users. Personally identifiable information submitted by you as part of your use of a Site Forum, is explicitly excluded from the XS Privacy Policy. By submitting any content or Forum Information to the Site, including message boards, forums, contests, social media networks, and chat rooms, you grant us and our contractors and affiliates a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display (either publicly or by digital audio transmission) the content or Forum Information (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, subject to our Privacy Policy with respect to your Personal Information (as defined in the Privacy Policy). You also warrant that the holder of any rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

  5. PAYMENTS
    Certain subscription, pay per view and other fee-based services (“Pay Services”) offered through the Site may require the user to pay to XS fees for the Pay Services at the times and in the amounts specified on the Site. XS bills you through an online account (your “Billing Account”) for Pay Services. You agree to pay XS all charges at the prices then in effect for any Pay Services ordered by you or other persons (including your agents) using your Billing Account, and you authorize XS to charge your payment method (your “Payment Method”) for such Pay Services. You agree to make payment using your selected Payment Method. If XS does not receive payment from the provider of your Payment Method (the “Payment Method Provider”), you agree to pay all amounts due on your Billing Account upon demand. XS reserves the right to limit the selection of, and changes to, your Payment Method Provider.

    You must provide current, complete, and accurate information for your Billing Account in order to receive the Pay Services ordered. You must promptly update all information to keep your Billing Account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify XS if your payment method is canceled (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your password. IF YOU FAIL TO PROVIDE XS ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT XS MAY CONTINUE CHARGING YOU FOR ANY PAY SERVICE PROVIDED UNDER YOUR BILLING ACCOUNT, UNLESS YOU HAVE TERMINATED YOUR ACCOUNT FOR SUCH PAY SERVICE (CONFIRMED IN WRITING UPON REQUEST).

    Prices for all Pay Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise, excluding taxes based upon XS’s net income. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are charged to your Billing Account or Payment Method.
 XS expressly reserves the right, in its sole discretion, to change the pricing of all Pay Services, from time to time. If you and XS have agreed to a specific duration and price for your Pay Services, then any price change for that service will not apply to your continued use of Pay Services under that plan (provided that you do not change plans or otherwise interrupt your subscription) until the first day following the expiration of the specific term to which you and XS have agreed. For example, if you have signed up for a plan at a particular monthly price for 12 months, then any subsequent price increase for that plan will not apply to you until either your 12-month subscription expires or you choose to terminate your plan before the conclusion of the 12-month period, whichever is earlier.

    If the amount to be charged to your Billing Account varies from the amount you have preauthorized, whether as a result of your selection of a new plan, or a change in pricing of your current plan, you have the right to receive, and XS will provide, notice of the amount to be charged and the date of the charge prior the scheduled date of the transaction. In the event the change in the amount to be charged is attributable to a change in the pricing of your existing plan and you do not agree to such change, then you must cancel your plan and stop using the Pay Services prior to the effective date of such change. Your continued use of the Pay Services after the effective date of such change constitutes your acceptance of and agreement to such change. Any agreement you have with the Payment Method Provider will govern your use of that Payment Method.

    XS MAY SUBMIT ALL PERIODIC CHARGES (FOR EXAMPLE, ANNUALLY IN ADVANCE) FOR YOUR PAY SERVICE, ON SUCH ANNUAL OR OTHER PERIODIC BASIS WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE XS REASONABLY COULD ACT.

    Your continued use of the Pay Services on your Billing Account reaffirms that XS is authorized to charge your Payment Method. XS may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive XS’s right to seek payment directly from you.

    ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART, EVEN IF YOUR PAY SERVICE IS SUSPENDED, CANCELLED, OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT PAY SERVICE TERM.

    In the event of a charge back by your Payment Method Provider or other non-payment by you in connection with your payment of the applicable Pay Service or renewal fee, you acknowledge and agree that the Pay Service for which such fee has not been paid may be suspended, canceled, or terminated, in XS’s sole discretion. XS will reinstate any such Pay Service solely at its discretion, and subject to our receipt of the applicable Pay Service or renewal fee.

  6. MARKS
    Certain product, service, or company designations for companies other than XS may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where XS is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.

  7. MODIFICATIONS TO TERMS
    XS may change these Terms from time to time. Your continued use of this Site following the posting of any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.

  8. TERMINATION OF SITE/MODIFICATIONS TO SITE
    XS reserves the right to modify or terminate these Terms or your access to the Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, and 3-18 of these Terms shall survive any termination of these Terms or your right to access to the Site. You acknowledge and agree that XS will not be liable to you or any third party in the event that XS exercises its right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms.

  9. PRIVACY; PASSWORDS
    XS will treat any information it collects from you in accordance with its Privacy Policy. Certain areas of the Site may require a password, and may require the user to register and provide certain data to XS, and with respect to purchases of XS products via the store, to XS’s contractors. XS may refuse to offer a password to any person and may change its criteria for access to the password-protected areas of the Site at any time, in its sole discretion. In consideration of use of these portions of the Site, you represent and warrant that, in registering and providing such data to XS:
    • the information about yourself is true, accurate, current, and complete as required by various XS registration forms (“Registration Information”); and
    • you will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete If you provide any information that is untrue, inaccurate, not current, or incomplete, or XS has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, XS has the right to suspend or terminate your account and refuse any and all current or future use of the Site. All Registration Information will be treated in accordance with XS’s Privacy Policy. You are responsible for maintaining the confidentiality of your passwords, and are fully responsible for all activities that occur under your passwords, whether or not expressly authorized by you.

  10. OTHER SITES, CONTENT, PRODUCTS, AND SERVICES
    The Site may provide links to web sites and access to content, products, and services of third parties, including without limitation, XS’s affiliates, advertisers, and strategic partners and other entities with which our connection consists of only a hyperlink (“Other Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Other Sites before you use them. XS is not responsible for
    • the availability of, and content provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by XS, or vice versa;
    • third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); or
    • any loss or damage of any sort you may incur from dealing with any third party.

  11. DISCLAIMER
    THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. XS MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT:
    • THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
    • THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE, OR APPLICABLE TO YOUR CIRCUMSTANCES;
    • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
    • OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. XS may provide you with access via the Site to live or taped performances of comedians and other performers and/or to Forum Information provided by other users of the Site. We do not control the content or subject matter of the performances or Forum Information that are made available through our Site. You may find the performances or Forum Information to be offensive, harmful, inaccurate, or deceptive. Any opinion, idea, or view expressed within the performances or Forum Information is the responsibility of the applicable author and XS does not endorse any such opinion, idea, or view. By using this Site, you agree to accept such risks and XS is not responsible for the content or subject matter of the performances or Forum Information.

  12. LIMITATION OF LIABILITY
    IN NO EVENT SHALL XS OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION, IN CONTRACT, OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF SUCH PARTY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES, OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

  13. INDEMNITY
    You agree to indemnify, defend, and hold harmless XS, its affiliates, shareholders, directors, officers, employees, contractors, and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, arising out of, or in any way connected with
    • your use of or access to the Site or the Content or your linking to or emailing the Site,
    • the violation of these Terms by you,
    • the infringement by you, or any other person using your passwords or account, of any intellectual property or other right of any person or entity, or
    • your submission of any material to XS or the Site or from any person’s use of any account or password you maintain with any portion of the Site, regardless of whether such use is authorized by you. In the event that you have a dispute with one or more users, you release XS (and our officers, directors, agents, contractors, affiliates, parents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) 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.

  14. DISPUTE RESOLUTION
    Content or this Site or your access to or links to this Site, shall be resolved by arbitration before three neutral arbitrators administered by the American Arbitration Association in New York City, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Both parties hereby consent
    • to the non-exclusive jurisdiction of the State and Federal Courts located within New York City for any action to compel arbitration,
      1. to enforce the award of the arbitrators, or
      2. at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies and to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers

  15. GENERAL
    If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms will remain in effect. XS’s failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of New York without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. XS may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of XS. These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by XS on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures’ or partners for any purpose.

  16. COPYRIGHT
    We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Site that infringe the rights of copyright holders. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    • Information reasonably sufficient to permit us to contact the complaining party;
    • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      X-Spot
      4666 Broad Street.
      Sumter, South Carolina 29154
      Attn: X-Spot Copyright Infringement

  17. ACKNOWLEDGMENT
    You acknowledge
    • that you have read and understood these Terms; and
    • that these Terms have the same force and effect as a signed agreement.

  18. Contact Information
    If you have any questions regarding these Terms or the Site, please contact XS at Xspotcomedylounge.com.

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