The X & Y Communications LLC (including all associated Web properties) Web Site (the "Site") is an online information service provided by X & Y Communications LLC ("X & Y Communications LLC (including all associated Web properties)") (collectively "Service"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. X & Y Communications LLC (including all associated Web properties) MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are X & Y Communications LLC (including all associated Web properties), its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to X & Y Communications LLC (including all associated Web properties) a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to X & Y Communications LLC (including all associated Web properties) by all means and in any media now known or hereafter developed. You also grant to X & Y Communications LLC (including all associated Web properties) the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against X & Y Communications LLC (including all associated Web properties) for any alleged or actual infringement or misappropriation of any proprietary right in your communications to X & Y Communications LLC (including all associated Web properties).
Publications, products, content, logos, titles, services and/or trademarks and service marks referenced herein or on the Site (including but not limited to "Scot and Emily McKay", "Scot McKay", "Emily McKay", "Scot and Emily", "X & Y Communications", "Edumckaytion", "Sticking Points Solved", "Wing It World", "Wing It Worldwide", "Winging It Worldwide", "Doggie Bloggies", "Unchained Office", "The Un-Chain Letter", "Unchaination", "Most Valuable Player", "Women Made Easy", "Female Persuasion", "The Big 4 Man Challenge", "The Big Four Man Challenge", "Massage Your Date", "Trace Loft", "Code Of The Natural", "Code To Catch Him", "The Walking Code", "Twiduction", "Ms. Mommy Biz", "Millionaire Internet Marketers Of San Antonio", "MIMOSA", "Internet Marketing Made Easy", "Date To Order", "My Dog Food Tips", "Deserve What You Want", "Never, Ever Settle", "The Chick Whisperer", "DatingCast", "Online Dating Profile Rating", "X & Y On The Fly", "Wildly Successful Dating Life", "The Engineer's Guide To Being Cooler Than The Sales Guy", "Virtuosity", "Online Dating Domination", "Online Dating Domination 2.0", "Behind Closed Doors", "What Works With Women", "Ten-Plus", "Keys To Bliss", "The Leading Man", "The Master Plan", "Chick Whispering", "The Happy Couple's Hangout", "My Dog Corner", "Attraction Makeover", "The Man's Approach", "The Difference", "Click With Him", "Like Rabbits", "Women Made Easy", "The Travel Dorks", "Cook For Your Date", "Stop Chasing, Start Choosing", "For Mature Audiences Only" and "Power Sessions For Men") are the exclusive copyrighted property of X & Y Communications LLC (including all associated Web properties). Any unauthorized representation constitutes illegal misusage of copyrighted property of X & Y Communications LLC (including all associated Web properties). Other product and company names and/or associated branding mentioned or featured in the Site; including but not limited to ABC, NBC, CBS, FOX, BBC, MTV, The Morning Show With Mike And Juliet, The Wall Street Journal, Double Your Dating, Men's Health, Lovetropolis and Match.com; may be the trademarks of their respective owners. Individuals shown, cited and/or mentioned within the Site are not directly affiliated with the Service unless specifically described as such.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by X & Y Communications LLC (including all associated Web properties), X & Y Communications LLC (including all associated Web properties)does not operate, control or endorse any information, products or services on the Internet in any way. Except for X & Y Communications LLC (including all associated Web properties)- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with X & Y Communications LLC (including all associated Web properties) a. You understand that any and all links from The Site to third-party websites may be affiliate links. Any purchases made from them may directly result in financial or other unspecified benecial gain to X & Y Communications and/or its employees. b. You also understand that X & Y Communications LLC (including all associated Web properties) cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. X & Y Communications LLC (including all associated Web properties) PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND X & Y Communications LLC (including all associated Web properties) SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. X & Y Communications LLC (including all associated Web properties) DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. X & Y Communications LLC (including all associated Web properties) HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL X & Y Communications LLC (including all associated Web properties) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF X & Y Communications LLC (including all associated Web properties) OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, X & Y Communications LLC (including all associated Web properties) LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
X & Y Communications LLC (including all associated Web properties) makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-X & Y Communications LLC (including all associated Web properties) web site, please understand that it is independent from X & Y Communications LLC (including all associated Web properties), and that X & Y Communications LLC (including all associated Web properties) has no control over the content on that web site. In addition, a link to a X & Y Communications LLC (including all associated Web properties) web site does not mean that X & Y Communications LLC (including all associated Web properties) endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless X & Y Communications LLC (including all associated Web properties), its officers, directors, employees, agents, affiliates, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of X & Y Communications LLC (including all associated Web properties) and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between X & Y Communications LLC (including all associated Web properties) and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. X & Y Communications LLC (including all associated Web properties)'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. X & Y Communications LLC (including all associated Web properties) may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
"Personally Identifiable Information"
This refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, IP address, phone number, fax number, email address, financial profiles, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.
What Personally Identifiable Information is collected?
We may collect basic user profile information from all of our Visitors, along with personal information they choose to provide, e-mail addresses and e-mail content sent to us. We may collect the following additional information from our Authorized Customers: the names, addresses, phone numbers and email addresses of Authorized Customers, the nature and size of the business, and any other personal information they choose to disclose. If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
What organizations are collecting the information?
In addition to our direct collection of information, our third party service vendors (such as credit card companies, banks, payment gateways, e-mail service providers, affiliate networks) who may provide such services as credit, content delivery or affiliate marketing services may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.
How does the Site use Personally Identifiable Information?
We use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site. We may email Visitors and Authorized Customers about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide requested information.
With whom may the information may be shared?
Personally Identifiable Information about Authorized Customers may be shared with other Authorized Customers who wish to evaluate potential transactions with other Authorized Customers. We may share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies, third party vendors and/or any future ownership parties to whom either partial or full ownership of X & Y Communications is transferred. We also offer the opportunity to "opt out" of receiving information or being contacted by us or by any agency acting on our behalf.
How is Personally Identifiable Information stored?
Personally Identifiable Information collected by X & Y Communications LLC (and all associated Web properties) is securely stored and is not accessible to third parties or employees of X & Y Communications LLC (and all associated Web properties) except for use as indicated above. Please note that your information will be stored and processed on our computers in the United States. The laws on holding personal data in the United States may be less stringent than the laws of your Country of residence or citizenship. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
What choices are available to Visitors regarding collection, use and distribution of the information?
Visitors and Authorized Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by contacting us at firstname.lastname@example.org
What are cookies?
Are cookies used on the Site?
What is retargeting?
The Site uses dynamic ad retargeting strategies. The main goal of retargeting ads is to re-engage site visitors after they have left the site. Dynamic retargeting ads are generated based on the actual products or offers viewed on the advertiserís site. For example if youíve visited a retailerís website and viewed a specific product, you might be presented a banner ad containing that product. Rather than showing the same ad to every visitor, the retargeting platform will select the most relevant ad copy based on the userís activity on the site. When an advertiser places our tag on a website, the tag embeds a third party cookie on the browser of users visiting the site. It is important to note that the cookie itself does not contain any personal identifying information. Retargeting ads intelligently match the right offering to each visitor based on his previous activities on the site.
How can I remove myself from being retargeted?
Users that donít want to see personalized ads should simply email email@example.com
Surveys and contests
From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information and demographic information. Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site, as well as assessing and attempting to meet the needs of users.
Minor children are not eligible to use our services unsupervised and we ask that children (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with permission and guidance from your parents or guardians.
How does X & Y Communications LLC (and all associated Web properties) use login information?
X & Y Communications LLC (and all associated Web properties) uses login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user's movement and use, and gather broad demographic information.
What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?
X & Y Communications LLC (and all associated Web properties) has entered into and will continue to enter into partnerships and other affiliations with a number of vendors.
Disclosure of Personally Identifiable Information
We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers.
How does the Site keep Personally Identifiable Information secure?
All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.
How can Visitors correct any inaccuracies in Personally Identifiable Information?
Visitors and Authorized Customers may contact us to update Personally Identifiable Information about them or to correct any inaccuracies by emailing us at firstname.lastname@example.org
Can a Visitor delete or deactivate Personally Identifiable Information collected by the Site?
We provide Visitors and Authorized Customers with a mechanism to delete/deactivate Personally Identifiable Information from the Site's database by contacting email@example.com. However, because of backups and records of deletions, it may be impossible to delete a Visitor's entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.
Merger, acquisition or other change in ownership
In the event that The Site (or a substantial portion of its assets) is acquired, your information would be considered part of those assets, and may be part of those assets that are transferred.
This web site contains links to other web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.