Vixxo.com Terms of Website Use

Effective as of January 3, 2019, Vixxo Corporation (“Vixxo”) has updated these Vixxo.com Terms of Website Use; review prior versions of this document here.

  1. Terms; Application of Terms
    1. These Vixxo.com Terms of Website Use (“Web Terms”) apply to our website found at www.vixxo.com, as well as all websites, portals, products and services offered by Vixxo Corporation (“Vixxo”) in or through such website (collectively referred to herein as the “Website”). Any access, reading, copying, use or forwarding of the Website is made strictly subject to these terms and conditions. As a result, if “you” (the user) object to these Web Terms or our Privacy Policy (see below) in any way, you are not permitted to use, and must promptly exit and must not again access, the Website.
    2. Use by Vixxo Clients. Clients of Vixxo are permitted to use the Website as governed by, in order of priority, (i) these Web Terms, and then (ii) the terms of any specific agreement or terms agreed to by the parties relating to the Client’s use of a subset of the Website or any portal, software or other tool provided by Vixxo, and then (iii) the terms of any written agreement, such as but not limited to a master services agreement, between Vixxo and the Client.  Where Vixxo requires a login to access any Website component, a user’s seeking or obtaining a login or other credentials and using them for access constitutes that user’s representation and
    3. Vixxo may modify, remove or add to these Web Terms and/or the Website at any time in its discretion. Any such changes will be effected by posting notice of the changes here, and any use of the Web Terms and/or the Website thereafter constitutes acceptance of the modified requirements.
  2. Permitted Uses of the Website
    1. We permit you to download, view, copy and print information, materials and any other aspect of the Website for your use either personally or for your business that is considering or exploring a business relationship with Vixxo, although you are not permitted to change any such information or materials in any way (including but not limited to removing our disclaimers). You are not permitted to, directly or indirectly, reverse engineer, update, manipulate or tamper with the Website.
    2. All access of and use of the Website must be lawful. You are not permitted to gain access to or use the Website by using another person’s login credentials or in any other manner not authorized by Vixxo. Access or use using applications, automatic devices such as robots or spiders, data mining tools, extraction tools, or manual processes, or effected in any manner than results in a disproportionately excessive load on the Website, is prohibited. Any duplication, reproduction, sale, license or other redelivery of the Website, whether using framing technology or otherwise, and any use of the Website not permitted by these Web Terms, is prohibited.
    3. Vixxo may deny access to the Website or any portion thereof, including services offered through the Website, for any reason that we deem valid, including without limitation infringement of others’ rights, violation of these Web Terms, or interference with any person’s ability to use the Website in a lawful and authorized manner.
  3. Content of Website
    1. The Website may include links to web pages and websites not owned or controlled by Vixxo. We are not responsible for, and you hereby release Vixxo from any liability for, any linked site, including without limitation any content, information, materials or web links residing on such web pages or websites nor any products or services offered thereby. Any use of such web pages or websites is subject to the site/page owner’s terms and conditions.
    2. Intellectual Property. All Website content, which is referred to herein as “Content” and which may include but is not limited to current and future/modified versions of and derivative works resulting from text, data, images and graphics, videos, and software, as well as the Website’s layout, design, color scheme, logos and button icons, is Vixxo’s property or is licensed to Vixxo by its owner and is protected to the fullest extent under applicable law. The “VIXXO” mark and logo is the proprietary service mark and trademark of Vixxo; all other marks presented on the Website are the proprietary service marks or trademarks of Vixxo or other third parties. These marks may be used only with appropriate permission, and should never be used in a way that could disparage Vixxo or the mark owner or cause a reasonable likelihood of confusion among consumers. In order to use a mark or name found on our Website, you must first obtain written approval of such use from the mark’s owner. You do not gain any rights in or to any marks or other intellectual property as a result of these Web Terms or your use of or access to the Website.
    3. User Content. You may be able to upload information or content to or on certain areas of the Website (“User Content”). All User Content shall be considered non-confidential unless otherwise agreed in writing. While you do retain right, title and interest in and to User Content, by submitting any User Content you thereby automatically grant to Vixxo a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable and royalty-free license to use the User Content in any way deemed appropriate by Vixxo, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed, subject to any restrictions that may be imposed either by our Privacy Policy (see below) or by any other written agreement between us. You agree not to provide to Vixxo or the Website, and to remain fully responsible for, any User Content that, within Vixxo’s discretion, infringes or otherwise violates any third party’s proprietary or intellectual property rights; expresses hate or threatens; defames or libels any person or entity; is pornographic, obscene or exploitative of a minor; contains or propagates any security risk or other undesirable commercial effect such as computer viruses, worms or the like; or violates any applicable law.
  4. Vixxo Software-as-a-Service and Mobile Software Tools
    1. Terms of Use. Your use, if any, of Vixxo’s platforms and/or tools (including but not limited to our MyFSN and VixxoLink tools, and including all versions and editions thereof such as web browser or mobile downloaded editions) (collectively, “Vixxo Tools”) shall be conditioned upon and strictly subject to the terms and conditions of the applicable use agreement, end user license agreement, terms of use, terms of service, and/or similar terms and conditions governing the licensing and/or use thereof.
    2. Terms of Access. You may be required to create a user profile and choose a username and password to access the Vixxo Tools.  Access to Vixxo Tools may be restricted by Vixxo, at its discretion, to Vixxo employees, customers, and service providers, and other business associates.  All information you supply when registering must be accurate and complete.  If Vixxo believes in good faith that the information you provided is not entirely true, accurate and complete, we may deny, suspend or terminate your access.
    3. Password Security. You are responsible for keeping your username and password confidential, and Vixxo is not responsible for any resulting losses. You are fully responsible for all activities that occur under your account, and you agree to hold Vixxo harmless for any costs incurred in connection therewith. In the event of any breach, such as unauthorized use of your username or password, notify Vixxo immediately at Legal@Vixxo.com.
  5. Privacy Policy. These Web Terms and any use of or access to the Website are subject to, and hereby incorporate, the terms of Vixxo’s com Privacy Policy. Vixxo Tools are subject to their own respective terms and conditions and policies, which may also include privacy policies.
  6. No Warranties; Limitation of Liability
    1. DISCLAIMER OF WARRANTY. THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS." VIXXO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WARRANTIES REGARDING INFRINGEMENT OR OTHER VIOLATION OF INTELLECTUAL PROPERTY OR OTHER RIGHTS. VIXXO AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT, AND MAKE NO REPRESENTATIONS REGARDING, THE ACCURACY, COMPLETENESS, RELIABILITY, OR APPLICATION OF CONTENT (as defined above) ON THE WEBSITE. VIXXO DOES NOT WARRANT THAT THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR THE REQUIREMENTS OF ANY THIRD PARTY OR THAT ACCESS TO THE WEBSITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. VIXXO HAS AND ASSUMES NO OBLIGATION WHATSOEVER TO UPDATE OR CORRECT ANY CONTENT ON THE WEBSITE.
    2. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT VIXXO SHALL NOT, IN ANY EVENT, BE LIABLE, WHETHER UNDER THEORIES OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY, INDEMNITY, CONTRIBUTION OR OTHERWISE, DIRECT, FOR ANY DIRECT OR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATSOEVER, HOWSOEVER CAUSED, INCLUDING ANY CLAIMS BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ANY DEFENSE THEREOF), FOR CLAIMS OF ANY KIND RELATING TO OR RESULTING FROM THE WEBSITE OR ITS ACCESS OR USE (COLLECTIVELY, “WEBSITE CLAIMS”), EVEN IF VIXXO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY WEBSITE CLAIMS AND EVEN IF SUCH WEBSITE CLAIMS ARE FORESEEABLE. IF VIXXO NONETHELESS IS FOUND TO BE LIABLE FOR SUCH WEBSITE CLAIMS, VIXXO’S TOTAL LIABILITY ON ALL SUCH WEBSITE CLAIMS SHALL NOT EXCEED THE LESSER OF $100 AND THE PURCHASE PRICE OF GOODS OR CONTENT. THESE LIMITATIONS SHALL NOT APPLY WHERE EXPRESSLY PROHIBITED BY LAW. YOU ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ARE REASONABLE AND AN ESSENTIAL PART OF THESE WEB TERMS.
  7. Indemnification.  You agree to indemnify and hold Vixxo and its licensors, employees, officers, directors, corporate affiliates, shareholders and agents harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses, including without limitation reasonable attorneys’ fees, disbursements and court costs, that are actually incurred by any of them and that arise from or in connection with your violation of these Web Terms, User Content you provide to Vixxo or otherwise contribute to the Website or to Vixxo, or your violation of the rights of any third party, whether such rights arise under applicable law, contract or any other means.
  8. Miscellaneous
    1. Notices to Vixxo will be effective only when delivered to legal@vixxo.com with a copy to: Vixxo Corporation, Attn. General Counsel, 11333 N. Scottsdale Road, Suite 160, Scottsdale, AZ 85254 USA, or any subsequent address we may provide here.
    2. You do not have a right to assign these Web Terms without providing prior notice to and obtaining the consent of Vixxo. Any purported assignment in violation of this limitation shall be void. We can assign these Web Terms without your consent.
    3. These Web Terms and any amendments thereto, along with the information incorporated hereinto (including references to information contained in a URL or referenced policy), represent the parties' entire understanding relating to the Website and your use of the Website and supersede any prior or contemporaneous, conflicting or additional communications with respect thereto. We may modify all or parts of these Web Terms at any time, effective and binding the day after we post the revised Web Terms on vixxo.com/about-us/legal. You agree to be bound by the most current version of these Web Terms each time you access the Website.
    4. Vixxo may modify or discontinue the Website at any time, for any reason and without notice, and Vixxo shall not be liable to you or any third party for any result of doing so.
    5. These Web Terms shall be governed exclusively by the laws of the State of Arizona, USA, excluding its conflict of laws rules. You agree to the exclusive jurisdiction and venue of the state or federal courts in Maricopa County, AZ, USA for any and all disputes, controversies and claims arising out of or relating to these Web Terms or concerning the respective rights or obligations of the parties relating to the Website of these Web Terms.
    6. You represent that you are neither a citizen of an embargoed country nor a prohibited end user under applicable U.S. export or anti-terrorism laws, regulations and lists.
    7. If any provision of these Web Terms is determined to be illegal or unenforceable, that provision will be limited to the minimum extent necessary so that these Web Terms shall otherwise remain in full force and effect.
    8. Vixxo’s failure to enforce any right or provision in these Web Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Vixxo in writing.