What is Xross?
Xross is a new kind of
social network that provides limitless learning and networking opportunities
within a member field of talents, interests, hobbies and skills. Members
offer to teach the skills they have in exchange of learning other skills. With Xross,
hiring processes become more interactive; it is easier for talent, and
skill-seeking companies to find candidates with the right skills and
personalities while at the same time candidates can quickly learn more about
potential job opportunities.
Summary
These Terms of
Service govern your use of, and access to, the website located at www.xross.org (the Website). These
Terms of Service set out, in part:
· Accepting the Terms of
Service;
· Breaches of Terms of
Service;
· Signing up for certain
features;
· Additional Terms and
Conditions;
· Content;
· Acceptable use of this
website;
· Screening and
Responsibility for Content and Monitoring;
· Disclaimer Regarding Third
Party Content and Linked Websites;
· Intellectual Property
Infringement;
· Changes to these Terms of
Service;
· Other;
Note that you
are responsible for all conduct under your username on this Website. By
using this Website, you are agreeing to comply with all applicable laws, to
respect the privacy, rights and security of others, and to grant to us a right
and license in, and to, the content you post to this Website.
Please review
these full Terms of Service carefully. Your account may be restricted,
suspended or terminated if you violate these Terms of Service.
Accepting the
Terms of Service
Xross, its
affiliates and their successor and assigns (collectively referred to
as we us or our) make this Website available to you subject
to these Terms of Service. These Terms include Xross s Privacy Policy,
which is incorporated into these Terms by reference. Our Privacy Policy
governs the use o personal information on this Website and you agree to be
bound by this policy by accessing or using this Website.
The word you in
these Terms of Service means the individual accessing this Website or any of
the particular services made available on or through this Website (the Services),
and if applicable, includes any other legal entity on behalf of which an
individual is accessing this Website or the Services. Additionally, you
agree not to access this Website or the Services on behalf of any other legal
entity unless you have the authority to bind that legal entity to these Terms
of Service.
You represent and warrant
that: (i) you have the capacity to enter into a legal agreement in the
province, state, territory or country in which you reside; and (ii) your use of
this Website and the Services will not violate any applicable law or regulation
in the province, state, territory or country in which you reside.
If you do not have the
capacity to enter into a legal agreement in the province, state, territory or
country in which you reside, do not use this Website or the Services unless
your parent or guardian enters into these Terms of Service on your behalf and
consents to your use of this Website and the Services. In any event, you
must be at least eighteen (18) years of age to access or use this Website.
By accessing or using this
Website, you accept and agree, without limitation or qualification, to be bound
by and to comply with these Terms of Service. If you do not agree, without
limitation or qualification, to be bound by and to comply with these Terms of
Service, promptly discontinue accessing or using this Website.
We reserve the right to
communicate with your regarding your use of this Website. You consent to
our use of any contact information that you provide to us in doing so.
If we believe
that you have breached these Terms of Service, we reserve the right, in our
sole discretion to restrict, suspend or terminate your access to all or any
part of this Website and/or Services and terminate any licenses granted to you
pursuant to these Terms of Service without prior notice and without
liability. We also reserve the right to pursue any and all legal and
equitable remedies against you.
If you are
aware of any violations of these Terms of Service, please report them to:
Email: team@xross.org]
Please put Notice of
Violation i the subject line of all such notifications and include in each such
notice a reasonably detailed description of the alleged violation.
Signing
up for certain features
When signing up to access
certain features of this Website or the Services or to participate in certain
activities run on or through this Website, you represent and warrant that any
information you provide about yourself is true and that you will maintain and
promptly update such information to keep it true and current.
If you are given a username
and/or a password for the purpose of accessing certain features of this Website
or the Services or participating in certain activities run on or through this
Website, you are responsible for all activities conducted under that username
or password, and you will take all necessary steps to ensure that no one other
than you uses that username or password and that that password is kept
confidential. If you have any reas on to believe that any password
assigned to you has become known to or been used by any other person, you will
inform us immediately.
Additional
Terms and Conditions
Please note that certain
Services made available on or through this Website may require you to agree to
further terms and conditions, including without limitation posted guidelines or
rules applicable to such Services. Unless s such terms and conditions
expressly set out otherwise, if there is any inconsistency between those terms
and conditions and these Terms of Service, these Terms of Service will
prevail. All addition al terms and conditions, including without
limitation posted guidelines or rules, are hereby incorporated by reference
into these Terms of Service.
The contents of this
Website, including any and all information, content, links, reports, data,
databases, tools, e-mail, code, photographs, pictures, video, postings,
graphics, interfaces, web pages, text, files, software, product names, company
names, trade-marks, logos, trade names, or other materials contained on or in
this Website is the Content. The Content includes materials contributed to
this Website by or on behalf of us (Our Content) and materials contributed to
this Website by users of this Website (User-generated Content).
You may retain a copy of
any of Our Content forming part of this Website solely for your personal use
and records, provided that any marks, logos or other legends that form part of
Our Content are not removed from the copy.
Except as noted above, all
rights in and to any item of Our Content are reserved by us and/or applicable
third parties. Consequently, you may not modify, publish, display,
transmit, adapt, sell, license or in any way exploit any item of Our Content
without our express prior written permission and/or the express prior written
permission an applicable third party.
By submitting or sending
content to us or otherwise making it available for display on or through this
Website, you acknowledge and agree that the content is your User-generated
Content and you grant us a royalty-free, unrestricted, world-wide, perpetual,
irrevocable, non-exclusive and fully sub-licensable right and license to use,
copy, cache, publish, reproduce, display, distribute, modify, adapt, translate,
create derivative works from, store and perform such User-generated Content (in
whole or part) and to incorporate it in other works (in each case irrespective
of the form, media, or technology used) for the purpose of allowing us to
administer, operate, display, distribute and promote this Website including but
not limited to allowing other sites to link to Content on this Website, even if
such User-generated Content has been contributed and subsequently removed by
you. You acknowledge that we may need to do the following in order to
operate, display or distribute this Website and agree that we may do so: (i)
transmit User-generated Content over various networks; and (ii) reformat
User-generated Content.
You also acknowledge and
agree that your User-generated Content may be used by other users of this
Website pursuant to the terms of the Creative Commons
Attribution 3.0 Unported License.
You represent and warrant
to and covenant with us that: (i) you have now and that you will continue to
have all necessary rights and authority to grant the licenses set out herein;
and (ii) the User-generated Content that you contribute to this Website will
not infringe any proprietary right of any third party. You also represent
and warrant to us that any moral rights in any User-generated content that you
contribute to this Website have been waived and that we may rely on those
waivers.
If you contribute a link to
another web site, make sure that the operators of that web site permit
linking. You can do this by checking the terms of use for that web
site. If you are uncertain about whether or not you are permitted to link
to a web site, either refrain from posting a link or link to the home page of
the web site and include written directions in your post for how to navigate
from the home page to the page that has the content about which you are
commenting.
You should maintain a
back-up copy of any User-generated Content that you contribute to this
Website. In any event, we will not provide a cop y of that User-generated
Content to you. Additionally, we are not responsible for User-generated
Content that is lost or destroyed for any reason.
We assume no obligation to
update the Content. We reserve the right to change any and all Content at
any time without notice. We and our licensors and suppliers are not
responsible for any Content other than Our Content.
You are responsible for
doing due diligence when connecting with any of our members, and when
disclosing your personal information.
Please do your due
diligence before meeting anyone in-person, Xross is not responsible for any
physical or psychological harm that might result in these meetings.
Xross is not responsible
for Xross members’ actions.
The Website and the
Services are to be used to share and exchange skills and experiences with other
members, to network with them and to learn from them. You agree not to do
any of the following:
· Use or attempt to use or access
another user’s account;
· Disrupt or interfere with
the security of or otherwise abuse this Website;
· Attempt to obtain
unauthorized access to any portions of this Website that you are not authorized
by us to access;
· Access the Services,
including but not limited to, registering accounts, posting content and viewing
other users profiles, by using some other means than this Webs ite or the
provided APIs;
· Use this Website to
impersonate or falsely state or otherwise misrepresent your affiliation with
any person or entity including but not limited to us;
· when posting any content
to this Website, forge headers or otherwise manipulate other identifiers in
order to create the impression that another person posted the content;
· Use this Website to either
directly or indirectly interfere with, disrupt or damage this Website, the
server(s) on which it is hosted, the networks connected to them or any other
users access to this Website;
· access this Website through any automated means (for example, bots or
web crawlers);
· adapt, translate, modify, decompile, disassemble, or reverse engineer
any aspect of: (i) this Website; or (ii) any software or technology used in
connection with this Website or downloaded from this Website;
· violate any applicable
local, provincial, state, national or international law or regulation; or
· Collect or store
personally identifying information about other users of this Website for any
purposes unrelated to this Website or that illegal or unlawful.
· Abuse any of our members
through messages, comments or in-person.
Acceptable
Use of this Website
You agree that you will not
post or upload to this Website or otherwise make available or transmit on or
through this Website any content or links to content that:
· is illegal, unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, invasive of privacy or publicity rights, hateful (racially, sexually,
ethnically or otherwise) or victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of race, ethnicity, gender,
religion, sexual orientation, age or disability;
· solicits from other users
any passwords or personal information for commercial or unlawful purposes;
· contains software viruses
or any other computer code, files or programs designed to, or which may
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment or any other similarly destructive
activity;
· promotes illegal activity
including without limitation the provision of instructions for any illegal
activity;
· you do not have a right to
transmit under any law or regulation or under contractual or fiduciary
relationships (such as insider information, or proprietary and confidential
information learned or disclosed as part of employment relationships or under a
non-disclosure agreement); or
· infringes or contributes
to the infringement of any intellectual property, industrial or other
proprietary rights, protected or protectable, under the laws of Canada, any
foreign country, or any political subdivision of any country, including,
without limitation, all copyrights, moral rights (including rights of
attribution and rights of integrity), trademarks, service marks, trade names,
logos, brand names and other identifiers, and trade secrets of any party.
This Website and the
Services are offered for informational purposes only; we, and our licensors,
suppliers or representatives, shall not be responsible or liable in any way for
the accuracy, quality, completeness, usefulness or availability of any
information transmitted or made available on or through this Website or the
Services. In addition, we, and our licensors, sup pliers or
representatives, shall not be responsible or liable in any way for any errors
or omissions in any information transmitted or made available on or through
this Website or the Services. Before using or relying on any Content, you
should take reasonable steps to verify its accuracy, quality, completeness or
usefulness: you are using it at your own risk.
Additionally, views and
opinions expressed in information or materials forming part of the
User-generated Content do not necessarily represent our views or opinions, or
the views or opinions of our licensors, suppliers or representatives.
We do not recommend or
endorse any specific products, services, opinions or other information that may
be described on or through this Website or any third-party website to which you
can link from this Website.
You may not be able to
access all of the Content made available on this Website. Some Content may
be restricted to certain users. As well, when a user posts content to this
Website, he or she may further restrict who may view the content.
Screening and
Responsibility for Content and Monitoring
We may but are not obliged
to review any Content. Even if we do so, the review may not be to your
satisfaction. You acknowledge this and the consequence that follows from
it: Content accessible on or through this Website may include materials
that are offensive or otherwise objectionable to you.
We are not obliged but
reserve the right to monitor some, all, or no areas of this Website from time
to time: (i) to verify adherence to these Terms of Service or any other rules,
codes of conduct or guidelines posted by us; or (ii) as required by law.
We reserve the right, in
our sole discretion, to reject, refuse to post, remove or block access to any
Content that is available on or through this Website at any time, without
notice and without liability.
We reserve the right, in
our sole discretion, to set limits on the amount of User-generated Content that
you may contribute.
Disclaimer Regarding
Third Party Content and Linked Websites
We, users of this Website
or third parties may provide links to resources not forming part of this
Website. We have no control over such resources. You acknowledge and
agree that we are n ot responsible for the availability of such external
resources, and we do not endorse and are not responsible or liable for any
content, advertising, products, or other materials on or available from such
resources. You further acknowledge and agree that we will not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such resource.
Your correspondence or
business dealings with, or participation in promotions of, advertisers or other
third parties accessible on or through this Website, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such advertiser or other third parties. You agree that we will not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers or
other third parties on this Website. Please no te, if you provide any
information to a third party (e.g., your contact information or credit card information),
such information is collected by the third party and not by us, even if you
made a purchase from a third-party website that was linked from or framed
within this Website.
If you access this Website
and the Services through a mobile device, you agree that information about your
use may be communicated to us, including but not limited to your mobile
carrier, your mobile device, or your physical location. In addition, use of the
Services through a mobile device may cause data to be displayed on and through
your mobile device. You also represent that to the extent you import any Xross
data to your mobile device that you have authority to share the transferred
data with your mobile carrier or other access provider. You acknowledge that
you are responsible for all charges and necessary permissions related to
accessing this Website and the Services through your mobile access provider.
By using any downloadable
application to enable your use of the Website and the Services, you are
explicitly confirming your acceptance of the terms of any licensing agreement
associated with that application provided at download or installation, or as
may be updated from time to time.
From time to time, you may
choose to ask, make or provide questions, suggestions, ideas, comments,
recommendations, feedback, requests or other information relating to this
Website Feedback to us. By providing any Feedback to us, you: ( i) agree
that the Feedback is not confidential; and (ii) assign all right, title and
interest in and to the Feedback to us including all intellectual property rights. We
shall be entitled to the unrestricted use and dissemination of any Feedback for
any purpose (commercial or otherwise) without any acknowledgment of or
compensation to you.
We will strive to prevent
interruptions and failures of this Website and the Services. However, this
Website and the Services are provided on an as is and as available basis
without any warranty or conditions or any kind, either express or
implied. We specifically disclaim all representations, warranties,
covenants and conditions of any kind, whether express or implied, with respect
to this Website, the Services and any Content, including without limitation:
(i) any warranties of title, any warranty of merchantability or of fitness for
a particular purpose, or any warranty of non-infringement; and (ii) any
warranties concerning the availability, accuracy, appropriateness, reliability,
timeliness, usefulness or otherwise of this Website, the Services or any
Content.
We do not make any warranties that this Website,
the Services or any Content: (i) will meet your requirements or will be
accessible regardless of the hardware or software that you wish to employ to
access it; (ii) will be available at all times, will be uninterrupted, will be
timely, and will be secure. Furthermore, you acknowledge and agree that it
is technically impossible to achieve 100% availability of this Website, the
Services or any Content. We shal nonetheless endeavour to keep the Website
available without interruption. Events related to maintenance, security or
capacity requirements and/or events beyond our control (e.g. disruptions to
public communications networks, power failures, viruses, etc.) may result in
malfunctions of or temporary interruptions to the Website and the Services.
You understand that you
obtain Content or Services through this Website at your own discretion and
risk.
All exclusions or
responsibility or liability set out in these Terms of Service are made to the
fullest extent permitted by law. Some jurisdictions do not allow the
exclusion of certain implied warranties or limitations on how long an implied
warranty may last. If any jurisdiction having applicability to these Terms of
Service does not permit any such exclusion or limitation, our total liability
to you in connection with any breach of such a warranty will be subject to the
section in these Terms of Service entitled Limitations of Liability.
Under no circumstances will
we, our representatives or our suppliers be liable for any indirect,
incidental, special, consequential or exemplary damages arising from or
relating to this Website, the Services, any Content or these Terms of Service,
including, without limitation, loss of revenues, loss of profits, business
interruption or loss data, even if we, our representatives or our suppliers
have been advised of the possibility of such damages by you or any other
person.
Under no circumstances will
we, our representatives or our suppliers be liable to you or any person with
respect to damages incurred by reason of any services or goods received through
or advertised on this Website or received through any links provided on this
Website. Furthermore, we expressly disclaim, on our own behalf and on
behalf of our representatives and suppliers any and all liability for the acts,
omissions or conduct of any third-party users of this Website or any sponsor or
advertiser of this Website.
Without limiting the
foregoing in this section entitled Limitations of Liability the limit on our
(including our representatives and suppliers) total cumulative liability to you
or any person, for any claims arising from or relating to this Website, the
Services, any Content or these Terms of Service, will not exceed $10.00
Canadian dollars.
The limitations in this
section entitled Limitations of Liability will app regardless of the causes or
circumstances giving rise to the claim, even if such claim is based on breach
of contract, negligence or other tort, and will survive a fundamental breach or
failure of essential purpose of any limited remedy or these Terms of Service.
Some jurisdictions do not
allow the exclusion of incidental, special or consequential damages. If any
jurisdiction having applicability to these Terms of Service does not permit any
such exclusion or limitation, our (including our representatives and suppliers)
total liability to you in connection with any incidental, special or
consequential damages will be limited by the third paragraph of this section
entitled Limitations of Liability. You acknowledge and agree that, regardless
of any statute or law to the contrary, any claim or cause of action you may
have arising from or relating to this Website, the Services, any Content, or
these Terms of Service must be filed within one (1) year after such claim or
cause of action arises or be permanently barred.
The foregoing shall not
apply to the extent prohibited by applicable law.
You agree to indemnify us
(and our representatives and suppliers) and hold all of us harmless from any
and all claims and expenses, including attorney’s fees, arising from or
relating to: (i) any User-generated Content that you contribute to this
Website; (ii) your use or misuse of this Website, the Services or any Content;
(iii) any person’s use of any account or password provided to you in relation
to this Website, regardless of whether such use is authorized by you; (iv) any
breach by you of any of these Terms of Service; and (v) any breach by you of
any law or regulation or any rights of any third party.
Intellectual
Property Infringement
It is our policy to
investigate and respond to claims of intellectual property infringement.
To the extent that any
jurisdiction applicable to these Terms of Service has a notice and take-down
scheme like the one set out in the United States’ Digital Millennium
Copyright Act, upon receipt of any notice alleging infringement that
complies with such a scheme, we will act expeditiously to remove or disable
access to any material claimed to be infringing or claimed to be the subject of
infringing activity and will act expeditiously to remove or disable access to
any reference or link to material or activity that is claimed to be infringing. We
may attempt to contact the person who has posted such material in order to give
that person an opportunity to respond to the notification, although we make no
promise to do so. Any and all counter notifications submitted by that
person will be furnished to the complaining party. In all circumstances, we
will give th complaining party an opportunity to seek judicial relief in
accordance with any applicable laws before we replace or restore access to any
material as a result of any counter notification.
Notices of claimed
infringement should be directed to:
Email: [team@xross.org]
Please put Notice of
Infringement in the subject line of all such notifications and include in each
such notice a reasonably detailed description of the materials alleged to be
infringing and the proprietary rights alleged to be infringed.
Names, phrases, words,
titles, logos, icons, graphics, images or designs, used throughout this
Website, the Services, and the Content may be trade names, registered or
unregistered trade-marks or services marks (the Marks) f us, our
subsidiaries, affiliates or licensors, or other entities and individuals. The
Marks are protected by Canadian and international trade mark and other
laws. Any use of any of the Marks without the express of the owner of the
Mark is strictly prohibited.
Changes to
these Terms of Service
We may change these Terms
of Service from time to time and at any time. When we change these Terms
of Service, we will:
(a)
We may revise these Terms
at any time by posting an updated version to this Web page. You should visit
this page periodically to review the most current Terms because they are
binding on you.
As well, we may, but are
not obliged to, ask you to actively confirm your consent to any revised Terms
of Service. If we do not do so, but you continue to use this Website after
the changes come into effect, you will be deemed to have agreed to abide by the
revised Terms of Service. If you do not agree with the revised Terms of
Service without limitation or qualification, do NOT log in, discontinue using
this Website and the Services and instruct us to disable any password for this
Website assigned to you.
We reserve the right, in
our sole discretion, to change or modify this Website from time to time
including but not limited adding or removing functionality or features or
changing its name. We may change this Website without prior notice to you.
These Terms of Service will
continue in effect for as long as you use this Website or the Services, unless
specifically terminated earlier by us or by you. You may terminate your
agreement with these Terms of Service at any time by instructing us in writing
to disable any password for this Website assigned to you and by discontinuing
all use of this Website and the Services. Your notice should be sent, in
writing, to the address set out in the above section entitled Breaches of Terms
of Service.
In addition to any other termination rights that we
may have, we may terminate our agreement with you if: (i) you breach any
provision of these Terms of Service or clearly intend to do so; (ii) we are
required to do so by law; or (iii) we are no longer making this Website
available in the jurisdiction from which you access it.
Upon the termination or
expiration of these Terms of Service, you will stop using this Website, the
Services and all Content.
Those sections which by
their nature should survive the termination or expiration of these Terms of
Service will survive termination or expiration, including but not limited to
the sections entitled Accepting the Terms of Service; Breaches of Terms of
Service (first paragraph); additional Terms and Conditions; Content (all
paragraphs except second paragraph) Acceptable Use of this Website; Accuracy of
Information; Screening and Responsivity for Content and Monitoring; Disclaimer
Regarding Third Party Content a Linked Websites; Disclaimer and Warranties;
Limitations of liability Indemnity Intellectual Property Infringement; Term and
Termination (last paragraph); and Other.
These Terms of Service
constitute the complete and exclusive agreement between you and us with respect
to its subject matter and supersede and replace any and all prior or
contemporaneous discussions, negotiations, understandings and agreements,
written and oral, regarding its subject matter.
No term of these Terms of
Service will be deemed to be waived by reason of any previous failure to
enforce it. No term of these Terms of Service may b waived except in a
writing signed by the party waiving enforcement.
Should any provision of
these Terms of Service be held to be invalid by a court of competent
jurisdiction, then that provision will be enforced to the extent permissible,
and all other provisions will remain in effect and are enforceable by the
parties.
You and we are independent contractors and these
Terms of Service will not establish any relationship of partnership, joint
venture, employment, franchise or agency between us and you. Neither we nor you
will have the power to bind the other or incur obligations on the others behalf
without the others prior written consent, except as otherwise expressly
provided in these Terms of Service.
These Terms of Service will
be governed by and construed in accordance with the laws of the Province of
Ontario and the laws of Canada applicable therein, without reference to the
conflict of laws provisions. You agree to attorney to the jurisdiction of
the courts of the Province of Ontario, or the Federal Courts of Canada, located
in the City of Toronto, for the conduct of any legal proceedings under, or
related to, these Terms of Service.
Except as expressly
provided otherwise in these Terms of Service, we will not be liable for any
failure or delay in our performance under these Terms of Service due to any
cause beyond our reasonable control.
We may assign these Terms of Service, in whole or
in part, at any time with or without notice to you. You may not resell,
assign, sublicense or otherwise transfer your rights or delegate your duties
under these Terms of Services, either in whole or in part, without our prior
written consent.
Any notice or other
significant communication given to you pursuant to these Terms of Service will
be in writing, addressed to any email address or address that you provided to
us when registering (as updated by you) and sent to you by email or by a
nationally recognized overnight courier as applicable. Any notice or other
significant communication given to us pursuant to these Terms of Service will
be in writing and sent to us at the address listed in the section entitled
Breaches of Terms of Service. Notices will
be deemed to have been received one business day following: (i) email
transmission by us to you; (ii) deposit with a globally recognized overnight
courier service, all delivery charges pre-paid; or (iii) transmission if sent
by facsimile and receipt confirmed by the facsimile machine used.
The headings used in these
Terms of Service are for convenience of reference only and have no legal or
contractual significance. No provision of these Terms of Service will be
interpreted against any party merely because that party or its legal
representative drafted the provision. All remedies are cumulative. Throughout
these Terms of Service, the term including or the phrases e.g., or for example
have been used t including, without limitation.
If we provide you with a translation of these Terms of Service and there is any inconsistency between the English language version and the translated version, the English language version will prevail.