Xianz Terms of Service
The goal of Xianz.com is to provide an interesting, stimulating, and fun place for Christians and other Internet users. In keeping with this goal, you, as a user of Xianz.com Services, including Chat and Message Boards, must agree to abide by these Terms and Conditions. By accessing Chat or Message Boards with a Username and Password, you agree to accept these Terms and Conditions. You agree that any Username and Password you choose or are assigned is not transferable and can only be used by you. If you violate any of the Terms and Conditions, your access to the Chat, Message Board area and/or other Xianz.com Services may be suspended or terminated without notice. This suspension or termination is at the sole discretion of Xianz.com or their designated Monitor, Moderator or party assigned to supervise Chat and Message Board areas.
Xianz reserves the right to revise our Terms of Conduct (TOC) at any time, at our sole discretion and without prior notice. Any such revisions will be posted and made available from the main Xianz.com Chat page and other TOC areas on Xianz. You agree that you will periodically review TOC to be aware of any such revisions. If any revision is unacceptable to you, you agree to stop using Xianz.com Services, including Message Boards and Chat. You may request removal of your Username and Password by deleting your ID in your profile settings. Your continued use of Xianz.com Services following notice of any such revision (s) shall be conclusively deemed as acceptance of all such revisions.
Xianz attempts to create a safe and fun environment for all individuals, by taking measures to prevent and end offensive behavior. However, Xianz.com can not and does not monitor chat rooms at all times, and makes no guarantee on your experience with this service. Because Xianz.com can not, at this time, guarantee that Xianz.com chat is free of all offensive behavior, we encourage users under the age of 18 to use Xianz.com chat only with adult supervision. While our sincere goal is to create a chat environment that is both comfortable and safe for Christian Internet users, we ask that you use Xianz.com Chat with wisdom and caution, and that you make use of available Xianz.com tools and information to respond to users, and report any violations of Terms of Conduct (TOC).
By accepting the Terms of Conduct below, you acknowledge that you have thoroughly reviewed and agree to adhere to all Terms while using all Xianz.com Services including, but not limited to, Chat and Message Boards.
Any conduct that, at Xianz.com discretion, restricts or inhibits any other user from using or enjoying Xianz.com Services will not be permitted and may result in termination of your account.
You agree that you will not use Xianz.com Services to post, transmit messages (including but not limited to text, graphic, audio and video files or links to the previous) in any of the following ways:
1. You will not use Xianz.com Services for any unlawful purpose. You agree that you will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law. Violations in this area will result in immediate termination from service, and reporting of your conduct to the appropriate authorities.
2. You will not post foul, vulgar, obscene or sexually explicit language, obscenities, racial epithets, hateful or derogatory words or phrases in any variation. Using such content or language undermines the goals of a Christian community-oriented service, and is not allowed. Please use your best judgment and be respectful of others. If you use such language, even if masked by symbols or other characters, you may either receive a warning by a Monitor, or have your access to both Chat and Message Boards terminated. A warning indicates that your posts are not in keeping with Xianz.com TOC. If you receive such a warning, you agree to read the Xianz.com Terms of Conduct again.
3. You will not harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another user or users of Xianz.com Services or other persons or entities. You may express your disagreement with someone's point-of-view, but personal attacks, or attacks based on another person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, are prohibited. A violation in this area may result in a warning or immediate termination from service. If you receive such a warning, you agree to read the Xianz.com Terms of Conduct again.
4. You will not distribute, promote, transmit or advertise any harmful, hateful, harassing, defamatory or potentially libelous, vulgar, obscene, sexually explicit or sexually solicitous, illegal, racial or otherwise objectionable content, in forms including but not limited to, text, graphics, audio, and video files or providing web links to sites which display or promote the same. Such content undermines the goals of a Christian community- oriented service, and is not allowed. If you post such content, you may face immediate termination from service.
5. You will not disrupt the normal flow of dialogue, post or transmit messages that are not directly related to the specific topics or the "thread" of the messages posted on that board, or otherwise act in a manner that negatively affects other Users, individuals or entities.
6. You will not impersonate any person, including but not limited to a Xianz.com or Xianz.com Official Operator, Message Board Moderator, Chat Monitor or Host, or communicate under a false name or a name that you are not entitled or authorized to use. Users must avoid the portrayal of Xianz.com or Xianz.com personnel or other persons in all forms of online communication, including, but not limited to, Xianz.com User Names, Xianz.com User Profiles, and message postings in either Chat or Message Boards. A violation in this area may result in immediate termination from service.
7. You will not lie or misrepresent age, gender or e-mail addresses using Xianz.com Services, including, but not limited to your User Profile or postings in Chat Rooms or Message Boards. Because of the sensitive nature of the subjects discussed in both Message Boards and Chat rooms, it is necessary to ensure that individuals do not assume identities other than their own. It is allowable and acceptable for Users not to provide their e-mail address to others, as well as to assume a "gender neutral" position on a message board or in a Chat room by not identifying your age or sex. Direct misrepresentation of your e-mail address, age or gender may result in a warning or immediate termination from service. A warning indicates your conduct is not in keeping with Xianz.com Terms of Conduct. If you receive such a warning, you agree to read the Xianz.com TOC again.
8. You will not post, transmit or distribute disruptive content, including but not limited to, chain letters, pyramid schemes, unnecessarily long messages, unnecessary, repetitive posts, meaningless text, offensive declarations or exhortations, "repetitious screaming" or other disruptive content. This material places an unnecessary load on our system and is considered a nuisance by many Users. Certain chain letters and pyramid schemes are illegal. Letters or messages that offer a product or service based on the structure of a chain letter are also of questionable legality. All such messages are prohibited on all Xianz.com Services.
9. You will not attempt to "crack," "hack," "bomb," manipulate or otherwise disrupt Xianz.com servers, Xianz.com Services or software, or any Xianz.com Live Event in any way. Such behavior is viewed as a serious and immediate effort to undermine and inflict harm to Xianz. Violation of this policy will result in immediate termination from service and potential legal action against the offending party.
10. You will not post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by Xianz.com for such purposes. You will not post information to Users, individuals or entities that promotes, arranges or solicits business or business dealings, including but not limited to, multilevel marketing programs, "get rich quick" schemes, trading, buying or selling of goods, except in areas designated by Xianz.com for such purposes. Xianz.com does not endorse, warrant or guarantee any product or service offered through Xianz.com Services and will not be a party to or in anyway monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or environment, you should use caution and your best judgment at all times. Blind opportunity ads and "get rich quick" schemes should be approached with ample skepticism. Xianz.com cannot mediate disputes and will not assume responsibility for any outcome.
11. Member Disputes. Interaction between Xianz members is your sole responsibility. Xianz, Inc. reserves the right, but has no obligation, to monitor disputes between you and any other Members.
12. Disclaimers. Xianz is not responsible for any inaccurate or incorrect Content posted on the Web site or in connection with the Service; whether caused by users of the members or users of the Web site, or by any of the equipment or programming utilized or is associated in the Service. Xianz assumes no responsibility for any interruption, omission, error, delay in operation, deletion, defect, communications line failure, destruction, theft or unauthorized access to, or alteration of any user or Members communications. Xianz is not responsible for the conduct, whether online or offline, of any user of the Xianz Web site or Member of the Service. The Web site and the Service are provided "AS-IS" and Xianz expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Xianz is not responsible for any technical malfunctions or problems of any telephone network or lines, computer online systems, computer equipment, servers or providers, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including damage or injury to users and/or Xianz Members or to anyone's computer related to or resulting from downloading material or participating in connection with the Web and/or in connection with the Xianz Service. Under no circumstances will Xianz be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Xianz Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. Xianz cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may not be available temporarily from time to time for maintenance purposes or other reasons. No advice or information, whether written or oral, obtained by Xianz users or through or from the service itself shall create any warranty not expressly stated herein.
13. Email and Newsletters. From time to time, based upon your Xianz membership and specified interests, we will be sending out email and advertisements to your email. We will not sell or rent your email address to any other companies.
14. Copyright Policy. You may not post, reproduce, or distribute in any way any copyrighted material, trademarks, or other proprietary information of Xianz without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Xianz Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
15. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Xianz be liable to you or any third person for any exemplary, indirect, consequential, incidental, special or punitive damages, including also any lost profits arising from your use of the Xianz Web site or the Services, even if Xianz has been advised of the possibility of such form of damages. Notwithstanding anything to the contrary contained herein, Xianz's liability to you for whatsoever cause, and regardless of the form of the action, will at all times be limited to the amount that is paid, if any, by you as a member to Xianz for the Service during the term of the membership.
16. Indemnity. You agree to hold and indemnify Xianz, affiliates, its subsidiaries, agents, officers, and other partners and employees, harmless from any loss, claim, liability, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Xianz Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
17. No Agency. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture, relationship between Xianz and any User of the Xianz Service.
18. Other. This Agreement, accepted upon use of the Xianz Web site and further affirmed by becoming a registered Member of the Service, contains the entire agreement between you and Xianz regarding the use of the Web site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Failure of Xianz to enforce or exercise any right or provision of these stated Terms of Service shall not constitute a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Please contact us with questions you may have regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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