Terms and Conditions for Use of this Website

1. Acceptance of terms

X-StreamPublishing, LLC ("X-StreamPublishing"), makes this Website (the "Site"), including all information, documents, communications, files, text, graphics, sounds, software, and all products available through the Site (collectively, the "Learning Materials") and all services provided by X-StreamPublishing and third parties through the Site (collectively, the "Services"), available for your use and/or purchase subject to the Terms and Conditions set forth in this document and any changes to this document that X-StreamPublishing may publish from time to time (collectively, the "Terms of Use").

By accessing or using this Site in any way, including, and without limitation, use of any of the Services, downloading of any Learning Materials, or merely browsing the Site, you agree to and are bound by these Terms of Use.

X-StreamPublishing reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Learning Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Learning Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

2. Defined Terms

All user-supplied information, materials, files, communications, and documents are referred to collectively as "User-Content."

"X-StreamPublishing-Content" means all Learning Materials and Services provided by X-StreamPublishing, LLC.

User-Content, and X-StreamPublishing-Content may have different restrictions and conditions associated with them.

3. Intellectual property; limited license to users

The Learning Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, international treaties, and/or other intellectual property laws, and any unauthorized use of the Learning Materials or Services at this Site may violate such laws and/or the Terms of Use. Except as expressly provided herein, X-StreamPublishing and its third party contractors do not grant any express or implied rights to use the Learning Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on this Site, its Learning Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or any other data gathering and extraction methods in connection with this Site.

4. Use of Services

When using Services on this Site that are offered by X-StreamPublishing, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use. In addition to the Learning Materials and Services offered by X-StreamPublishing, this Site also makes available materials, information, and services provided by third parties (collectively, the "Third-Party Services"). The Third-Party Services are governed by separate license agreements that accompany such services. X-StreamPublishing offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between the Third-Party Services and the Learning Materials and Services offered by X-StreamPublishing. You agree that you will not hold X-StreamPublishing responsible or liable with respect to the Third-Party Services or seek to do so.

5. Use of Software

The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of X-StreamPublishing and/or its third party contractors. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Such terms are available for review and are incorporated herein by this reference. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt in any manner whatsoever to discover the source code of any software available on the Site.

6. Use of X-StreamPublishing-Content and User-Content

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the X-StreamPublishing-Content and User-Content available on this Site subject to the following conditions: The X-StreamPublishing-Content and User-Content may be used solely for personal, information, and internal purpose. The X-StreamPublishing-Content and User-Content may not be modified or altered in any way. The X-StreamPublishing-Content and User-Content on the Site may not be distributed or sold, rented, loaned, offered, given, leased, or licensed to others. You may not remove any copyright or other proprietary notices contained in the X-StreamPublishing-Content and User-Content. X-StreamPublishing reserves the right to revoke the authorization to view, download, and print the X-StreamPublishing-Content and User-Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from X-StreamPublishing. The rights granted to you constitute a license and not a transfer of title.

7. Trademark information

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of X-StreamPublishing, LLC or other third parties. You are not permitted to use the Marks without the prior written consent of X-StreamPublishing, LLC or such third party that may own the Marks. X-StreamPublishing and the X-StreamPublishing logo are service marks of X-StreamPublishing, LLC.

8. License to X-StreamPublishing for User Content

Certain Services offered through this Site accommodate or require User-Content. Depending upon the nature of the Service, by submitting User-Content to this Site, you grant X-StreamPublishing one of the following types of licenses:

8.1. For User-Content that is the result of your creative efforts and which is intended to be displayed on the Site and is not made a part of an "Author Services Agreement", such as examples of work you have done using X-StreamPublishing products, you grant X-StreamPublishing a worldwide, royalty-free, exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User-Content. You also grant X-StreamPublishing the right to distribute and publicly display and perform such User-Content for the purpose for which such User-Content was submitted to the Site. This license will be in effect until such User-Content is removed from the Site. If you submit User-Content to the X-StreamPublishing editorial staff, you acknowledge that such content may be modified and annotated, and X-StreamPublishing may display the User-Content together with such modifications and annotations. You acknowledge and agree that any User-Content you submit to X-StreamPublishing, such as actions or extensions, may be downloaded, modified, reproduced, and distributed by users of this Site.

8.2. For User-Content such as comments to the X-StreamPublishing User to User Forums, or product suggestions, you grant X-StreamPublishing and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User-Content, and you also agree that X-StreamPublishing is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you except as provided for in a properly executed "Author Services Agreement". We will not release your name or otherwise publicize the fact that you submitted such User-Content to us unless:

1. you grant us permission to do so;
2. we first notify you that the User-Content you submit to a particular part of the Site will be published or otherwise used with your name on it;
3. we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or
4. we believe it necessary in order to protect the rights of X- StreamPublishing or others.

9. Prohibited communications

You may only submit User-Content to the Site that is:

1. owned by you,
2. submitted with the express permission of the owner or within the scope of the license to such content, or
3. in the public domain.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

10. User conduct

In using this Site, including all Services and Learning Materials available through it, you agree:

1. not to disrupt or interfere with any other user's enjoyments of the Site or affiliated or linked sites;
2. not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
3. not to create a false identity;
4. not to use or attempt to use another's account, password, service, or system without prior written authorization from X-StreamPublishing;
5. not to access or attempt to access any Site content which you are not authorized to access;
6. not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Learning Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

11. Managing content and communications

Although it is not our intention to do so, X-StreamPublishing reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability.

X-StreamPublishing may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.

To the maximum extent permitted by law, X-StreamPublishing shall have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity or otherwise. X-StreamPublishing also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Content.

12. Use and protection of account number, Password and User ID

You are responsible for maintaining the confidentiality of your account number, and/or account name, and/or password and any applicable user identification. You are responsible for any and all damages resulting from all uses of your account number, account name, password and/or user identification, whether actually or expressly authorized by you.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND X-STREAMPUBLISHING, LLC OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, X-STREAMPUBLISHING MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFETS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHINAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. X-STREAMPUBLISHING MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES, DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND X-STREAMPUBLISHING MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) X-STREAMPUBLISHING DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) X-STREAMPUBLISHING MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) X-STREAMPUBLISHING SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. X-STREAMPUBLISHING ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR LEARNING MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM X-STREAMPUBLISHING OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) CALENDAR DAYS.

13. International users

This Site can be accessed from countries around the world and may contain references to X-StreamPublishing products, services, and programs that are not available in your country. These references do no imply that X-StreamPublishing intends to announce such products, services, or programs in your country.

The Site is controlled, operated, and administered by X-StreamPublishing from its offices within the United States of America. X-StreamPublishing makes no representation that the Site, or the Services or Learning Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Learning Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local, in-country laws. See the section on export control laws, below, for further information.

14. Personal information and privacy

To learn about how X-StreamPublishing protects your personal information, such as your name and address, refer to the X-StreamPublishing Online Privacy Policy. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. With the exception of certain types of User-Content, any non-personal information or material sent to X-StreamPublishing will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of X-StreamPublishing or others, or as stated in our Privacy Policy. Please be aware that your browser must be enabled to accept cookies in order for you to use certain aspects of the Site or to purchase from the X-StreamPublishing online store.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL X-STREAMPUBLISHING, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR NONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT X-STREAMPUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THORUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR IMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

15. X-StreamPublishing User-to-User Forums

In addition to these Terms of Use, users of the X-StreamPublishing User-to-User Forums must agree to a separate legal agreement located with the Forums registration area of the Site. Your access to the User-to-User Forums will be denied for violation of either the Terms of Use or the agreement located within the Forums registration area of the Site. In particular, you should be familiar with the Section titled "PROHIBITED COMMUNICATIONS" in that agreement and conduct your activities accordingly.

16. Notification of copyright infringement

X-StreamPublishing will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide X-StreamPublishing a Notice containing the following elements:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
2. a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
3. a description of where the material that you claim is infringing is located on the Site;
4. information sufficient to permit X-StreamPublishing to contact you, such as your physical address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the use of the material identified in your Notice is not authorized by the copyright owner, its agent, or the law;
6. a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement can be sent to the following:

By mail:

Chief Operating Officer
X-StreamPublishing, LLC
2533 North Carson Street, Suite 5767
Carson City, NV 89706-0147

By electronic mail: Legal@X-StreamPublishing.com

THE NOTICE OF COPYRIGHT INFRINGMENT SHOULD BE SENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE.

17. Export control laws; notice to U.S. government users

The export and re-export of X-StreamPublishing software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, X-StreamPublishing software may not be distributed to person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading an X-StreamPublishing software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All X-StreamPublishing products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R.§2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R.§12.212 or 48 C.F.R §227,7202, as applicable. Consistent with 48 C.F.R.§12.212 or 48 C.F.R.§§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

18. Indemnity and liability

You agree to indemnify and hold X-StreamPublishing , and its subsidiaries, affiliates, officers, managers, members, agents, or other partners, and employees, harmless from any claim or demands, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content or computer viruses), your use of the Site, your connections to the Site, your violation of the Terms of Use or your violation of any rights of another person or entity.

19. Governing law and jurisdiction

This Site (excluding linked sites) is controlled by X-StreamPublishing from its offices within the State of Nevada, United States of America. By accessing this Site, you and X-StreamPublishing agree that all matters relating to your access to, or use of, this Site Shall be governed by the statutes and laws of the State of Nevada, without regard to the conflicts of law principles thereof. You and X-StreamPublishing also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Carson County and the United States District Court for the State of Nevada with respect to such matters.

20. Language

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

21. General Provisions

The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between X-StreamPublishing and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by X-StreamPublishing to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.