Welcome to XpressClocks. XpressClocks provides a fun, safe, and easy way to Xpress your creativity and imagination through wall mounted clocks. However, before you enter the XpressClocks site (the "Site") or use any of the XpressClock services, you must carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and XpressClocks that you will use the Service only in a manner consistent with these Terms. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.
You must be 18 or have the consent of your parent of guardian to use this site.
Your "Active Participation" in the Service. Active Participation is defined as purchasing through the Service at least once every 365 days. If you cease Active Participation for any reason, XpressClocks may terminate your account.
XpressClocks offers free, storage of your items for those who maintain Active Participation.
You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository or other source for your Content.
XpressClocks is committed to ensuring that the Service remains a fun and safe place. To that end, the Service allows Members to be creative with their Content. Users of the Service may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that XpressClocks believes:
XpressClocks has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although XpressClocks does not and will not examine or otherwise review all Content submitted or transmitted to the Service, XpressClocks may delete, move, and edit Content for any reason, at any time, without notice.
All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.
XpressClocks in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.
As a convenience XpressClocks may make third-party software available through the Service, including by downloading, or provide links to third-party websites. Your use of such third-party software or websites will be subject to the terms and conditions imposed by the third party provider. The agreement to use such software or websites will be solely between you and the third party provider. XpressClocks makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such software or websites.
XpressClocks may make certain third-party templates, images, products, tools and services available to Members through the Service, including by downloading. Such third-party templates, images, products, tools and services are provided "as is" without support or warranties of any kind. XpressClocks makes no representations or warranties concerning, and it not liable or responsible in any manner for, any performance, effectiveness, claims or other aspect of third-party templates, images, products, tools and services.
Client records are regarded as confidential and therefore will not be divulged to any third party, other than the NSA, FBI, CIA, or any other government agency if legally required to do so.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
When you use the Service, you become a participant in an online community of people who enjoy digital art and photography.
Content License. In order for XpressClocks to provide our services to you and your invitees, as a condition to Membership you hereby grant to XpressClocks, solely for providing or improving the Service (e.g., customer support, technical support and/or vendor order fulfillment), the right to copy, display, modify, distribute, transmit, and make derivative works of your Content.
Content Ownership. As a condition to Membership, you represent and warrant to XpressClocks that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.
The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.
If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, contact XpressClocks at copyrightviolation@xpressclocks.com.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS XpressClocks, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY " XpressClocks AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
IN NO EVENT WILL XpressClocks OR XpressClocks AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. XPRESSCLOCKS WARRANTS ONLY THAT YOUR CLOCK WILL ARRIVE IN USABLE CONDITION. IF YOUR CLOCK IS DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, XPRESSCLOCKS SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR XpressClocks TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH ITEMS, OR (II) REPRINT THE CLOCK AT NO EXTRA COST.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, XPRESSCLOCKS AND XPRESSCLOCKS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. XPRESSCLOCKS MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. XPRESSCLOCKS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, XPRESSCLOCKS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
XpressClocks may, in its sole discretion, terminate your particiaption (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by XpressClocks elsewhere within the Service, or (ii) conduct XpressClocks believes is harmful to other XpressClocks users, the business of XpressClocks, or HP Affiliates, or (iii) failure to maintain Active Participation in the Service. XpressClocks will not be liable to you or any third-party for any termination of your access to the Service.
The state and federal courts of Ohio are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of Ohio.
XpressClocks may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by XpressClocks will be prospective only.
These Terms constitute the entire agreement between you and XpressClocks governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use XpressClocks Affiliate services, third-party Content, or third-party software.
The failure of XpressClocks to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
You can report abuse of these Terms to termsabuse@xpressclocks.com.
