Terms and Conditions
UPDATED AS OF: October 27, 2016
COMPANY: XYIENCE Energy Drink (the”Company” or “we”).
COMPANY LOCATION: Austin, TX
CONDITIONAL USE OF THIS SITE.
- You may use this Site for your own personal, non-commercial informational or entertainment purposes only.
- You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Site Content in any way, including for any public or commercial purpose whatsoever, without our prior written permission.
- You may not use any third parties’ likenesses, names, and/or properties without their express permission.
- You may not send any material to the Site that is unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.
- We may review, edit or delete materials you or others send to this Site, but are not obligated to do so.
- We may cancel any registration(s) or account(s) on this Site at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.
OWNERSHIP OF THE MATERIAL YOU SEND.
We try to make the Site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Site or in these Terms:
USE OF THE SITE IS AT YOUR OWN RISK; THE SITE IS PROVIDED TO YOU “AS IS”; AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES:
DISCLAIM ALL WARRANTIES REGARDING THE SITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES DUE TO:
STATEMENTS, ERRORS OR OMISSIONS IN THE SITE;
CONTENT INFRINGING ANY THIRD PARTY’S RIGHTS;
VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER;
LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS; OR
ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.
BY USING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR RELATED PARTIES FROM ALL DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYER’S FEES AND COSTS, ARISING OUT OF ANY OF THE FOLLOWING:
ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION RELATING TO ANY MATERIALS YOU SEND TO THE SITE;
ANY ACTIVITY RELATING TO YOUR INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITE THROUGH YOUR INTERNET ACCOUNT;
YOUR BREACH OF ANY PROVISION OF THESE TERMS;
ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.
You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
This Site may contain links to other web sites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites(including those linked to through an email).
We (or our associated or affiliated companies or third parties who have licensed its brands to Company or contributed to this Site) (“Content Owner”) own or license from third parties all Site Content. All Site Content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, Trademark and other applicable laws. Nothing on the Site should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.
We control and operate the Site from the above Company Location (regardless of where hosting servers are located). All matters relating to the Site are governed by the laws of the above Jurisdiction, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Site shall be in appropriate courts located in the above Jurisdiction. We do not warrant or imply that the Site or materials on it are appropriate for use outside of the above Country. The information set forth in this Site concerning any products or services is applicable only in the Jurisdiction, and these products or services may not be available in all locations. If you are located outside of this Country, you are solely responsible for compliance with any applicable local laws.
If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.
As used herein:
“Damages” means any and all direct, special, indirect, consequential or punitive loss or other damages of any kind (whether in contract, including fundamental breach, tort, including negligence, or otherwise).
“including” means “including, but not limited to”.
“materials sent to the Site” (and “materials you send to the Site” and other like terms) means anything emailed, uploaded, posted or otherwise transmitted or sent to the Site (whether information, text, material, data or code or other) by you or another user.
“Related Parties” means all of our parent, subsidiary and affiliated companies, Site Developers and other promotional partners.
“Site Contents” means any and all information, text, images, audio, video, designs, names, logos, trademarks, data, code or other information, material or content on this Site.
“Site Developer” means any party involved in creating, producing, delivering or maintaining the Site.
“use of this Site” (and “using” and other like terms) means “any and all use of the Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Site or any material on the Site.”
“Warranties” means any warranties or representations, express or implied (including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, title, non-infringement or freedom from computer virus.
Please note, we may change information on this Site and/or these Terms, at any time without notice. You should regularly review these Terms for any changes. By continuing to use the Site, you agree to any changes, and by providing continued access to the Site we are providing you consideration for agreement to such changes.
If you have any questions or comments regarding this Site, please contact us at the below “Contact” address, telephone number or e-mail:
XYIENCE Energy Drink
6500 River Place BLVD
BLDG 1 STE 450
Austin, TX 78730