Welcome to the XMPie Customer Information Portal

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1. GENERAL


These Terms of Use and Privacy Policy (“Terms of Use") set forth herein, apply to the web site and web pages owned, operated, licensed, and/or controlled by XMPie Inc. and/or XMPie Ltd. (together, "XMPie", “We”), the main homepage of which is located at www.xmpie.com (the “Web Site”) as well as to any personal information our customers provides us through the Web-Site or during installation of our products.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE.

By using, accessing or browsing through this Web Site you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use, access or browse the Web Site. Please note that XMPie reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these Terms of Use, at any time. Please periodically check the following URL http://www.xmpie.com/privacy to review possible changes in the Terms of Use. Your use of (including any browse through or access of) the Web Site, after such revised Terms of Use have been posted on the above URL, shall constitute your consent to the new or revised Terms of Use.




2. RESTRICTIONS ON USE OF CONTENT AND MATERIALS

All information, product information (e.g. specifications, datasheets, performance reports, case studies etc), software (e.g. service packs), documentation, content and/or material posted on the Web Site or available through it (“Materials”) are the property of XMPie or its licensors, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyrights, patents, trademarks, logos, design rights and any other proprietary rights.

No transfer or grant of any right is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site. You agree not to infringe upon all the above rights.

Without limiting any of the foregoing, you may not copy, reproduce, republish, upload, sell, rent, lease, sublicense, post, transmit, or otherwise distribute, the Materials or any part thereof. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any of the Materials or modify or create any derivative works of the Materials or documentation.

Modification of the Materials or use of the Materials for any other purpose, including without limitations the use of Materials on any other web site or networked computer environment is strictly prohibited, and be deemed a violation of the XMPie copyright and other proprietary (including intellectual property) rights.

Downloads: Some areas of the Web Site may include downloadable Materials. You must treat such materials as follows: (i) Unless otherwise specified under these Terms of Use or under the Web Site, you may download one copy of the Materials on any single computer for your personal and/or non-commercial use only, provided you keep intact all copyright and other proprietary notices; (ii) Materials available for download through Restricted Areas or customer hub, including, but not limited to, software and documentation, and/or any other downloadable Materials available anywhere under the Web Site in connection with which specific terms for download and/or use are provided, may be downloaded and used only subject to the specific terms and conditions and/or license provisions applicable to each of these Materials.





3. PATENTS

Without limiting any of the foregoing or hereunder, XMPie or any of its licensors or affiliates products, technology and processes referred to or posted on the Web Site may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and XMPie and/or its licensors and/or affiliates reserves all such rights.



4. TRADEMARKS



Without limiting any of the foregoing or hereunder, XMPie, XMPie logo, uDirect, uPlan, uCreate, uProduce, QLingo, PersonalEffect and ADOR, as well as other names and marks so notified in the Web Site are trademarks of XMPie (“XMPie Marks”). Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by XMPie and/or respective holders.





5. CONTENT, PRODUCTS AND SERVICES INFORMATION

All content available through the Web Site, including but not limited to data, pictures of products, technical drawings, specifications and configurations, is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Web Site. Specifications for products and services are subject to change without notice, and XMPie reserves the right to make changes without notice to processing, materials, or configuration.

YOU ACKNOWLEDGE THAT USE OF ANY AND ALL DATA AND MATERIALS AVAILABLE THROUGH THE WEB SITE OR THROUGH ANY SOFTWARE OR PRODUCTS MADE AVAILABLE THEREFROM SHALL BE MADE AT YOUR SOLE RISK AND DEPENDS SOLELY ON YOUR OWN JUDGMENT, INTERPRETATION AND CONSIDERATION, AND YOU SHALL BE SOLELY RESPONSIBLE IN CONNECTION WITH ANY SUCH USE.

All information and Materials on the Web Site or made available therefrom is subject to the disclaimers of section ?11 below.



6. RESTRICTED SECTIONS

Access to some areas on this Web Site is restricted to users authorized in advance by XMPie, in accordance with XMPie policy ("Authorized User(s)") who have completed a registration process and who have then been granted authorization for access, through issuance of a unique user ID and password ("Restricted Section(s)"). No other persons other than Authorized Users may access these Restricted Sections. Registration, passwords and user IDs are personal and non-transferable.
You will bear the sole responsibility for (1) maintaining the strict confidentiality of any user ID and password assigned to you (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your user ID and password. XMPie shall not be liable for any harm related to the theft of your user ID and password, any disclosure of your user ID and password, or your authorization to allow another person or entity to access and use the Restricted Sections using your user ID and password. You agree to immediately notify XMPie of any unauthorized use of your user ID and password.



7. SUBMISSIONS OF MATERIALS

Except as may be otherwise provided in a separate written agreement between you and XMPie you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to XMPie, or postings at this Web site, are non-confidential and shall become the sole property of XMPie to the fullest extent permitted by applicable law. XMPie shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or additional compensation to you. In the event applicable law operates to prevent XMPie from becoming the sole owner of any such property, then this provision shall be effective as granting to XMPie (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, non-exclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.



8. INTERACTIVE AREA(S), POSTINGS AND USER CONDUCT

Interactive Area(s)" shall mean but is not limited to mailing lists, information request forms, forums etc. offered as part of this Web Site, and any other forms of group electronic communications which may be made available through the Web Site from time to time.

If you participate in Interactive Areas you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of any third-party; (3) would invade the privacy of any other person; (4) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (5) otherwise inappropriate or unlawful.

You also expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) attempt to gain unauthorized access to restricted areas of the Web Site, other accounts, computer systems or networks connected to the Web Site, through password mining or any other means; (c) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (d) post, generate or disseminate so-called "spam" or mass-mailings; (e) harvest or otherwise collect information about others, including email addresses, without their consent;.

XMPie is not and shall not be responsible for, screening or monitoring material posted by you or any other person or entity in Interactive Areas. XMPie reserves the right to remove material, which is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. XMPie reserve the right to edit or delete any material posted on our Web Site, regardless of whether such material violates these standards for content.

FURTHER, WE DO NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE MATERIAL POSTED IN INTERACTIVE AREAS. WE ALSO DO NOT ENDORSE ANY OPINIONS EXPRESSED IN INTERACTIVE AREAS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.

The Interactive areas shall be used by users only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Users of this Web Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.




9. PRIVACY

Anonymous Information. XMPie may gather anonymous information, which may be used by XMPie or shared with third parties. This information does not personally identify you but may be helpful for improving the Web Site as well as the services and products we offer.

Such anonymous information may be collected for example through "traffic data" and may entail the use of "cookies", "IP addresses", or other numeric codes used to identify a computer.

Personally Identifiable Information. XMPie may gather personally identifiable information about you, ONLY if you voluntarily choose to provide it yourself. Such information may include (for example) your: first name, last name, E-mail address, area of interest, address, phone number and any other information which you choose to provide etc. There are a number of different ways that we may collect personally identifiable information from you. These may include:

Communications from you. You may email or write to us providing your name and contact details and any other personal information contained in your message.

Customer Support. You may telephone or email us in respect of technical assistance you require in respect of our products or information that you would like to receive relating to our products.

Email/Direct mail campaigns. From time to time we may contact you directly by mail, email or telephone informing you about upgrades, new products, promotions or special offers that you may be interested in.

Registration/installation of Products. Upon registration of or installing an XMPie product you will be asked to provide certain information so that we can record you as an owner of such XMPie product to help us in providing you with service and information. We require that you provide certain contact information but any other information is optional.

Surveys. From time to time we may conduct surveys in respect of our products and services. Participation is completely optional.
Personally identifiable information collected may be used to provide you with further information, assistance, support and updates with regards to XMPie products, services and technology, including by way of sending out newsletters to customers providing them with articles and information which we believe may be of interest to them. XMPie may share the information it gathers in a compiled format with its affiliates or with its resellers. We may also use such information for our own internal statistical and analytical purposes, to evaluate and profile users including user preferences and purchasing trends which we may use for marketing purposes and in respect of operations and development. XMPie will not release personal information about you as an individual to third parties other than affiliates and resellers, except with your permission or unless XMPie is compelled to do so by law or court order.

Modification and Deletion of Personally Identifiable Information
Deletion. In order to delete the personally identifiable information you submitted, notify us, to the following email address: info@xmpie.com that you wish to delete your personally identifiable information contained at our databases.
Modification. If you wish to modify or update your personally identifiable information, please send us your updated details to the following email address: info@xmpie.com Please note that deletion of your personally identifiable information from XMPie database will not prevent XMPie from using gathered anonymous information.


Third Parties’ Practices. This section does not cover the information practices exercised by other providers of products or services, advertisers or other web-sites, or companies/people that XMPie does not own or control, or does not employ or manage. XMPie would like to emphasize that XMPie is not and cannot be responsible for the content or the privacy policies of Web sites to which it may link or Web sites that link to XMPie Web site.





10. LINKING TO THE WEB SITE



Unless you have a written agreement in effect with XMPie which states otherwise, links to the Web Site may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that XMPie is affiliated with any person or entity, or that XMPie otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Web Site may not be such as to damage or dilute the goodwill associated with XMPie name and trademarks; (c) all links to the Web Site must "point" to the URL "www.xmpie.com" and not to other pages within the Web Site; (d) all links to the Web Site, when activated by a user, must not display the Web Site within a "frame" on the linking web site, or any other Web Site.

Without limiting any of the above, XMPie reserves the right to revoke its above consent to the providing of any link to the Web Site, at any time in its sole discretion.


11. DISCLAIMER



THE MATERIALS AND CONTENT IN THIS WEB SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, XMPIE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

XMPIE DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED OR OTHERWISE AVAILABLE IN THIS WEB SITE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

XMPIE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WHATSOEVER WILL XMPIE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEB SITE, OR RELIANCE ON ANY OF THE MATERIALS (INCLUDING BUT NOT LIMITED TO ANY STOCK QUOTES WHICH MAY APPEAR IN THE WEB SITE) OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY XMPIE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. INDEMNIFICATION
You agree to defend, indemnify and hold XMPie and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the provisions of these Terms of Use.



14. THIRD PARTY’S CONTENT



To the extent that the Web Site contains links to outside services and resources, XMPie does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.

Some of the Materials in this Web Site may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of XMPie.





15. NO ENDORSEMENT

No reference made in this Web Site to any specific commercial product, process, website or service (or provider of such product, process or service) other than such products, processes, or services of XMPie, constitute or implies an endorsement, recommendation or favoring by XMPie. Further, XMPie makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Web Site, or websites linking to this Web Site.



16. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS

XMPie reserves the right to limit or revoke your access to this Web Site, or any area thereunder, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Use.



17. MISCELLANEOUS

These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, USA, and submitted to the exclusive jurisdiction of the courts in New York, New York, USA. If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between you and XMPie with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. XMPie may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by XMPie of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.