At XiaolinChronicles.com, we are committed to providing a safe online community site for our fans. We are dedicated to safeguarding any personal information collected online. Parents/guardians (collectively “Parents”) are encouraged to help kids learn to exercise control over the personal information they give out while surfing the Internet. In addition, we take extra measures to help kids protect their privacy while online. For example, we do not ask kids under 13 to disclose more personal information than is necessary for them to participate in a particular activity, and we take efforts to prevent kids from providing personally identifiable information.
As we continue to offer our visitors new and different types of content and services, we may modify our practices from time to time. However, we will treat all personal information we collect in accordance with the privacy notice in effect at the time the information is collected.
Please note: the terms “XiaolinChronicles.com” or “our Sites” also include our parent company and any affiliates that are under the management control of our parent company such as any subsidiaries or sister companies. Sometimes the term “affiliate” is used for clarity. But it is assumed in all cases.
I. The Information We Collect
Much of the personally identifiable information we receive comes directly from users who are interested in obtaining various products and services from us. Typically, this information includes the visitor’s name, postal address, email address, and telephone number. We may also collect other types of information such as gender, age, number of children, and personal interests, which we may associate with personally identifiable information. If you purchase products or services from us, we will note, for example, credit card information, the type of services or products ordered or purchased, and the date of the order or purchase. We collect personal information when you register on, log on, or visit our Sites, including when you participate in activities on our Sites, such as sweepstakes, contests, games and promotional offers.
At XiaolinChronicles.com, the only personally identifiable information we collect from users under 13 years old is their Parent’s email address. We use this information to send users news updates. For some of our online activities, such as polls or surveys, we may ask users to provide additional information that is not personally identifiable, such as city or state of residence.
When a child under 13 enters a contest, we will ask for a Parent’s email address to provide notification that we have received personal information from the child. We do not knowingly collect names and email addresses from a child under 13 without notifying the Parent via email providing the opportunity to remove the child’s name from the list of entries. Winners of our contests or sweepstakes are notified by email and are required to send us by fax or regular mail a form containing their street address. Winners who are minors must have the form signed by a Parent in order to receive their prize(s).
Additionally, when visitors come to our Sites, we automatically collect some non-personally identifiable “computer” information, such as the type of computer operating system (e.g., Windows XP or Mac OS), the user’s “IP Address”, the web browser (e.g., Firefox, Internet Explorer) being used, and information regarding the Internet service provider.
II. How We Use the Information
XiaolinChronicles.com, Licensees and Co-Branding Participants
Third Parties Offering Promotions, Products or Services
In addition to the promotional sharing that is subject to your opt-out choices during registration, XiaolinChronicles.com may also share your information when you engage in certain activities on our Sites that are sponsored by third parties, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party, or electing to participate in contests, sweepstakes, games or other programs sponsored in whole or in part by a third party. XiaolinChronicles.com may also share your personal information when you respond to promotional materials from XiaolinChronicles.com and authorize a third party to use your personal information for purposes such as, for example, sending you additional promotional materials, providing you a product or service, or entering you in a contest, sweepstakes or game. We refer to all of these activities and requests as “Sponsored Activities.” When you participate in Sponsored Activities, you will either be required or requested to agree that the sponsor or business associate may use your personal information (including, in some cases, your email address) in accordance with the sponsor or business participant’s privacy practices. Since you will have consented to this specific instance of sharing of your personal information, the opt-out choice for “Third Parties” during registration will not apply.
Companies That Faciliate Communications and Transactions with You
Companies That You Previously Authorized to Obtain Your Information
Purchase or Sale of Businesses
Disclosures Required By Law and Disclosures to Help Protect the Security and Safety of XiaolinChronicles.com and Others
III.Collection of Information by Third-Party Sites, Sponsors & Others
IV. Cookies, Etc.
We collect information through technology to make our Sites more interesting and useful to you. For instance, when you visit our Sites, we collect your IP address. An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet service provider), your company, or your university. Standing alone, your IP address is not personally identifiable. At times, we also use IP addresses to collect information regarding the frequency with which our visitors enjoy various parts of our Sites. We may combine this information with personally identifiable information.
Our Sites use a variety of technical methods for tracking purposes, including web beacons. Web beacons are small pieces of data that are embedded in images on the pages of websites. We also use these technical methods to analyze the traffic patterns on our Sites, such as the frequency with which our users visit various parts of our Sites. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We also use these technical methods in HTML emails that we send our guests to determine whether our guests have opened those emails and/or clicked on links in those emails. The information from use of these technical methods may be collected in a form that is personally identifiable.
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable.
VI. Parental/Guardian Review of Information
Parents/Guardians: Please send a letter to our Privacy Manager at the mailing address below, if you would like to:
- Access the personally identifiable information XiaolinChronicles.com has collected electronically from your child;
- Correct factual errors in such information; or
- Request to have this information deleted.
Please be sure to include your email address and a telephone number. To protect your child’s privacy and security, we will take reasonable steps to verify your identity before granting you access to the personal information that we collect and maintain about your child.
VII. Contact Us
or write us:
Xiaolin Online Inc.
2207 Concord Pike, Suite 718
Wilmington, DE 19803
Attention: Privacy Manager
VIII. A Final Note to Parents
The Internet offers a world of opportunity for everyone. Your guidance and involvement in your kids’ use of the Internet is essential to help ensure that they have a safe and rewarding online experience. We encourage you to explore and visit the vast online resources dedicated to helping families understand online safety measures. As responsible Parents, your efforts to instill well-informed online practices in your kids will help guide them to take advantage of what the Internet has to offer.
IX. Effective Date
Welcome to the online world of XiaolinChronicles.com. This Site is fully controlled and operated by Xiaolin Online Inc. (referred to below as “XiaolinChronicles.com,” “Site,” “we,” “us,” and “our”.)
3. Ownership of Intellectual Property; Restrictions on Use of Materials
All information, content and materials contained on our Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks and trade names are proprietary to us and/or our licensors or licensees, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. All rights reserved. No information, content or material from the Xiaolin Chronicles Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices on every page containing copyrighted elements and (b) you make no modification to the information, content or materials, (c) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands.
The use of any information, content or materials of our Site on any other sites or computer environment is prohibited. Unauthorized use, including but not limited to, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature, promotions, products, games, services, or other inappropriate content is strictly prohibited.
XiaolinChronicles.com is only for your personal use. You may not use this Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any materials to any third party (including but not limited to display and distribute the materials via a third party website) without our express prior written consent. Unauthorized or prohibited exploitation of the materials will result in termination of the offender’s account from the Site, and may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
We are pleased to hear from our online guests and welcome your comments regarding our products and services. However, our company policy does not permit us to accept unsolicited creative ideas, suggestions or materials. Please understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or under our guidance might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as original ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations and/or other similar materials (“Unsolicited Submissions
If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, or through features or activities on our Site (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined below in section 6 labeled “PUBLIC FORUMS AND COMMUNICATIONS”), you submit, post or otherwise send us any information, content or materials including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages and any other materials (collectively, “User-Generated Content
“) through such features or activities (such User-Generated Content, together with Unsolicited Submissions, the “Submissions
“), we (and our partners, licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant us (and our partners, licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify (including, without limitation, removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), adapt, translate, create derivative works based upon and publicly perform such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on XiaolinChronicles.com, on third party web sites, on our media, broadband and wireless/mobile platforms, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the “Submissions License
“). To the extent that any Submissions submitted by you contain original songs or recordings, you hereby grant us (and our partners, licensees, distributors, agents, representatives and other authorized users) a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such Submissions. To the extent that we solicit Submissions through features or activities on our Site (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6 labeled “PUBLIC FORUMS AND COMMUNICATIONS”)) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorized users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorized users), your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights on to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
5. Registration Information and Security
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data
“). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of our Site.
You also agree (a) to promptly notify us at SecurityBreach@XiaolinChronicles.com
of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to our Site. In addition, you agree to exit from your account at the end of each session.
We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
6. Public Forums and Communications
” means an area, site or feature offered as part of our Site that enables users or visitors of our Site (a) to submit, post, display and/or view User-Generated Content and/or (b) to communicate, share or exchange User-Generated Content with other Xiaolin Chronicles Site users, visitors and members of the general public including, without limitation, a chat area, message board, instant messaging, mobile messaging, profile page, conversation page, email function, and etc.
You acknowledge that anything you submit to our Site by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please note that whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We reserve the right to screen, refuse to post, delete, or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in a Public Forum, and we shall not be responsible for any trading, investment, or any other decisions made or actions taken or not taken based on such information or content.
Your ability to access and browse User-Generated Content within a Public Forum and/or to submit and/or post User-Generated Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.
7. Xiaolin Rules
The following lists the rules for the Xiaolin Chronicles Site. By using our Site, you agree that:
- A. You will not submit, post, upload, distribute, or otherwise make available or transmit any User-Generated Content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or (f) does not comply with all terms and conditions applicable to the Submissions License (set forth above in Section 4 labeled “SUBMISSIONS”);
- C. You will not (a) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any Public Forum for commercial purposes of any kind, or (b) use any product or service available on our Site for commercial purposes of any kind;
- D. You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage our Site or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of our Site;
- E. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph;
- F. You will not engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
- G. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
- H. You will not submit, post, upload, distribute or otherwise make available or transmit any User-Generated Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum;
- J. You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.
- K. You will not link any internal pages of our Site to any web sites without our express written approval. If you do not receive such express written approval prior to linking to an internal page of our Site, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from linking to any internal pages from our Site.
To the extent that any feature on our Site requires you to submit your email address or mobile phone number in order to send a card, email, or message, you must, and you hereby agree to, furnish your actual email address or actual mobile phone number, as applicable. Any business use, “re-mailing,” or other high-volume application is strictly prohibited. You are not permitted to send cards, emails, or messages using an automated program. Electronic greeting cards, emails, and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver electronic greeting cards, emails, and mobile messages that violate these guidelines.
WE MAY CHANGE OUR SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
8. Out Content Removal Rights
9. Third Party Hyperlinks
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to our Site.
10. Disclaimer and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT AND MATERIALS ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILTY, FITNESS FOR A PARTICUALAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE (INCLUDING BUT NOT LIMITED TO USER-GENERATED CONTENT) OR INFORMATION, CONTENT OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO OUR SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM OUR SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from our Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from our Site or third-party information, content or materials contained on our Site (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our Site (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, XIAOLINCHRONICLES.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY XIAOLINCHRONICLES.COM OR ANY THIRD PARTY.
You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, attorneys, independent contractors, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties
12. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, OUR SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $50 (WHICHEVER IS LESS) FOR ACCESSING, USING OR PARTICIPATING IN ANY ACTIVITY RELATED TO OUR SITE.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN OUR SITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO OUR SITE IN AN ACCURATE OR TIMELY MANNER.
13. Jurisdictional and Venue Issues
Xiaolin Online Inc.
2207 Concord Pike, Suite 718
Wilmington, DE 19803
ATTN: Guest Services
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.
16. General Provisions
Notice and Procedure for Making Claims of Copyright Infringement
We may, at our own discretion, terminate the accounts of users who infringe the intellectual property rights of others.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Notification must be submitted to the following Designated Agent: Service Provider: XiaolinChronicles.com
Name of Agent Designated to receive Notification of Claimed Infringement: Harris Tulchin &. Associates Ltd. Attorneys At Law
Address of Designated Agent to which Notification should be sent: 11377 West Olympic Blvd. #2 Floor, Los Angeles, CA 90064
Telephone number of Designated Agent: 310.914.7979
Facsimile number of Designated Agent: 310.317.7333
Email address of Designated Agent: DesignatedAgent@XiaolinChronicles.com
Please note that all notifications must be in writing and must include the following:
- A. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- B. A description and identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of description of such works at that site;
- C. A description of the online site location of the claimed infringing material;
- D. Information sufficient to allow XiaolinChronicles.com to contact the complaining party, such as an address, telephone number, and/or an email address at which the complaining party may be reached;
- E. A statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- F. A statement, made under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on our Site, email to a user in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. Please note that the counter-notification must be in writing and includes the following:
- A. Your physical or electronic signature;
- B. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- C. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- D. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which XiaolinChronicles.com may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.