Xcomment.com provides the following service to you, subject to these Terms of Service (ToS). By using this website, you agree to this ToS, which may be revised at any time without prior notification. Please consult the ToS regularly.

II. DESCRIPTION OF SERVICE

Xcomment.com (XC) offers a service that allows its visitors to create profiles, upload and share graphics that are generally used on profile websites such as myspace, friendster, xanga and our own. The service is provided free of charge to its users. Expenses are funded by running paid advertisements.

III. GENERAL TERMS

• The user remains responsible for all actions they take during their visit to the website, all comments, graphics or other content they upload.
• The user does not take part in or associate XC with any illegal activity, including harassment, abuse, phishing or spamming.
• All content is the property and responsibility of the contributor; XC is granted the right to re-distribute the content on its website.
• No content may be used for commercial purposes or for re-distribution.
• Use of the content is solely the user's responsibility.
• Any account may be terminated at XC's sole discretion at any time.

IV. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) XC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GG OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

V. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT XC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

VI. COPYRIGHT AND OWNERSHIP

All content is the property and responsibility of the contributing users. Repeated offenses may result in account termination and banning. GG moderators filtering activities with regard to copyright is limited to graphics that contain clearly visible copyright tags in the image. Should you find your unmarked copyrighted image on our website, please send reports of alleged copyright violations to at http://www.xcomment.com/contact.php in accordance to the Digital Millenium Copyright Act (DMCA). We require at least the following information to respond:

• An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
• Identification of the copyrighted work claimed to have been infringed by means of a list of graphic URLs, example:
  http://www.xcomment.com/graphics/category/name/2162/1/
• The full name, address and telephone number of the Complaining Party.
• A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Failure to provide a copyright infringement notification as outlined above will result in no response or action on behalf of XC.

Misrepresentations: - any person who knowingly materially misrepresents under this section

• that material or activity is infringing, or
• that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorney's fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by XC, who is injured by such misrepresentation, as the result of XC relaying upon such misrepresentations in removing or ceasing to disable access to it.