TERMS OF USE
FOR X1 ENTERTAINMENT SERVICES
TERMS OF USE FOR X1 ENTERTAINMENT SERVICES
1. INTRODUCTION
1.1 Agreement
You agree that by registering, accessing or using our Services (as
defined below), you are entering a legally binding agreement with
X1 Entertainment LLC (the “Company”, “we”, “us,” or “our”,
including its subsidiaries). If you do not agree to the following
terms, do not access or otherwise use any of our Services.
The terms of this agreement include these Terms of Use and
our Privacy Policy (collectively, the “Agreement”).
THESE TERMS OF USE ALSO INCLUDE A PROVISION FOR
RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN
COURT.SEE SECTION 14
1.2 Services
The Services means sites, products, or other offerings we provide,
including but not limited to:
ï‚· Company websites, pages, sites, accounts or channels
accessible through any Internet or wireless enabled device
(each, a “Website”);
ï‚· Mobile applications;
ï‚· Ticketing and live event gatherings we host or sponsor; and
ï‚· Company online platforms and related offerings.
Registered users of our Services are “Members” and unregistered
users are “Visitors”. This Agreement applies to both Members and
Visitors (collectively, “Users”).
By using or accessing the Services in any manner, you or the entity
you represent (“you,” or “your”) agree that you have read and agree to
be bound by this Agreement to the exclusion of all other terms. If you
do not agree to all the terms and conditions of this Agreement (and
third party terms, such as SquadUp’s Terms of Service, where
applicable), you have no right to use and should not use the Services.
2. OBLIGATIONS
2.1 Access to the Services
The Services are owned and operated by the Company. We may
change, suspend or discontinue the Services at any time, including
the availability of any feature, database, or Content (as defined
below). We may also impose limits on certain features and services or
restrict your access to parts or all of the Services without notice or
liability.
2.2 Service Eligibility
You must be 18 or older to use our Services. Minors under 18 and at
least 13 years of age are only permitted to use our Services through
an account owned by a parent or legal guardian with their appropriate
permission and under their direct supervision. Children under 13 are
not permitted to use the Services. Creating an account with false
information is a violation of our terms, including accounts registered
on behalf of others or persons under the age of 13. This Agreement is
void where prohibited by law, and the right to access the Services is
revoked in such jurisdictions.
We do not knowingly collect or solicit personal information from
anyone under the age of 13 or knowingly allow such persons to
register for the Services. If you are under 13, please do not attempt to
register for the Services or send any information about yourself to us,
including your name, address, telephone number, or email address. In
the event that we learn that we have collected personal information
from a child under age 13 without verification of parental consent, we
will delete that information as quickly as possible. If you believe that
we might have any information from or about a child under 13, please
contact us at x1enthelp@gmail.com
2.3 Your Account
When you register and join an applicable Service offered by the
Company, you become a Member. Members are account holders. You
agree to: (i) try to choose a strong and secure password; (ii) keep your
password secure and confidential; (iii) not transfer your account to any
third party or person; and (iv) follow the law and our list of Dos and
Don’ts. You are responsible for anything that happens through your
account unless you close it or report misuse.
2.4 Fees, Billing, and Payment
Subscription Fees / Purchases
The Company may offer Services to be paid for on a recurring basis
(“Subscription Services”) or on an as-purchased basis (“Purchase”
and, together with the Subscription Services, “Paid Services”).
Subscription Services may subject you to automatically renewing
terms. By signing up for a Subscription Service, including after any
free trial period, you agree to pay us the subscription fee and any
applicable taxes as set forth in your account settings or as otherwise
agreed in writing (“Subscription Fee”). By making a Purchase, you
agree to pay the fees and any taxes incurred at the time of purchase
(“Purchase Fees” and, together with Subscription Fees, the “Paid
Service Fees”).
Paid Service Fees may be paid by debit card or credit card. You may
only use credit or debit cards that belong to you or to people who
expressly authorize you to use such payment methods. If you link a
debit or credit card to your account, you authorize us to collect Paid
Service Fees by debit from your linked debit card or charge to your
linked credit card. You will pay all charges incurred by you or any
users of your account and credit card (or other applicable payment
mechanism) at the price(s) in effect when such charges are incurred,
including any applicable taxes. Minors may not make purchases
unless they have appropriate permission and are under the direct
supervision of their parent or legal guardian who owns the account. All
financial/billing information on the account, such as a credit card, must
be that of the parent or legal guardian responsible for the account.
You may not attempt to conceal your identity by using multiple Internet
Protocol addresses or email addresses to conduct transactions on the
Service. We are not liable if you do not comply with laws related to
your transactions. We may provide law enforcement with information
you provide to us related to your transactions to assist in any
investigation. If we are unable to verify or authenticate any information
you provide during any registration, ordering, purchase,
authentication, delivery, payment or remittance process, or any other
process, or if we are no longer able to verify or authorize your credit
card or bank account information, your purchase may be cancelled,
we may refuse to honor all pending and future purchases made with
those credit card or bank accounts and/or via any online accounts
associated with those credit card or bank accounts. We may also
prohibit you from using the Services.
2.5 Notices and Messages
You agree that we will provide notices and messages to you in the
following ways: (1) within the applicable Service or Website, or (2)
sent to the contact information you provided us (e.g. email, phone
number, physical address). You agree to keep your contact
information up to date.
Please review your applicable settings and/or email preferences to
control and limit messages you receive from us.
3. WEBSITE, SERVICES AND CONTENT
The Website, the Services, and their Content (as defined below) are
intended solely for use by Users of the Services and may only be used
in accordance with the terms of this Agreement. All materials
displayed or performed on the Website or through the Services
(including, but not limited to videos, text, graphics, articles,
photographs, images, illustrations, and User Submissions (as defined
below) (collectively, the “Content”) are protected by copyright,
pursuant to U.S. copyright laws, international conventions, and other
copyright laws. You shall abide by all copyright notices, trademark
rules, information, and restrictions contained therein, and shall not
use, copy, reproduce, link to, modify, translate, publish, broadcast,
transmit, distribute, perform, upload, display, license, sell or otherwise
exploit any of the foregoing for any purposes whatsoever: (i) without
the express prior written consent of the respective owners, and (ii) in
any way that violates any third party right.
The Company reserves all of its intellectual property rights in the
Website and Services. Using the Website and Services does not give
you any ownership therein. Trademarks and logos used on and in
connection with the Website and Services are the trademarks of their
respective owners.
3.1 Your Content
User Information
We may access, store, process and use any information and personal
data that you provide in accordance with the terms of the Privacy
Policy and your choices (including settings). You also agree that your
account information will be truthful.
User Feedback
We may use any reports, comments, and suggestions in any form
regarding the Services that you provide to use (collectively, the
“Feedback”). You grant us a worldwide, non-exclusive, irrevocable,
perpetual, royalty-free right and license to incorporate and use the
Feedback in connection with any products and services.
3.2 Other Users’ Content
You understand that all information publicly posted or privately
transmitted through the Services is the sole responsibility of the User
from which such Content originated and that Company will not be
liable for any errors or omissions in any Content. You understand that
Company cannot guarantee the identity of any other Users with whom
you may interact in the course of using the Services. Additionally,
Company cannot guarantee the authenticity of any data which Users
or merchants may provide about themselves. You acknowledge that
all Content accessed by you using the Services is at your own risk and
you will be solely responsible for any damage or loss to any party
resulting therefrom.
Under no circumstances will Company be liable in any way for any
Content, including, but not limited to, any errors or omissions in any
Content, or any loss or damage of any kind incurred in connection with
use of or exposure to any Content posted, emailed, accessed,
transmitted, or otherwise made available via the Services.
3.3 Automated Processing
We will use the information and data that you provide and that we
have about Users to make recommendations for content and features
that may be useful to you. Keeping your account accurate and up-to-
date helps us to make these recommendations more accurate and
relevant.
3.4 Availability; Access
We may change, suspend or discontinue any of our Services. We
don’t promise to store or keep showing any information and Content
that you’ve posted.
You agree that we have no obligation to store, maintain or provide you
a copy of any Content or information that you or other Users provide,
except to the extent required by applicable law and as noted in
our Privacy Policy.
The Company reserves the right to limit your use of the Services and
to restrict, suspend, or terminate your account if the Company
believes that you may be in breach of this Agreement or law or are
misusing the Services (e.g., violating any of the Dos and Don’ts).
3.5 Third Party Services
The Website or Services may link to, allow access to or otherwise
incorporate websites, products or services offered by third parties not
owned or controlled by Company or User Sites, as applicable (“Third
Party Services”). When you access Third Party Services, you do so at
your own risk and should make whatever investigation you feel
necessary or appropriate before using such Third Party Service or
conducting any transactions thereon. You hereby represent and
warrant that you have read and agree to be bound by all applicable
policies of any Third Party Services relating to your use of the
Services (“Third Party Policies”) and that you will act in accordance
with those policies, in addition to your obligations under this
Agreement. To the extent there is a conflict between any term in the
Third Party Policies and this Agreement, the term in the Third Party
Policies shall take precedence. Company has no control over, and
assumes no responsibility for, the content, services, accuracy, privacy
policies, or practices of or opinions expressed in any Third Party
Services. In addition, Company will not and cannot monitor, verify,
censor or edit the content of any Third Party Services. Company may
modify or discontinue your use of, or access to, the Third Party
Services, or any content or services available thereunder, at any time
in its sole absolute discretion with or without notice to you. By using
the Services, you expressly relieve and hold harmless Company from
any and all liability arising from your use of any Third Party Services,
including without limitation any damages or losses incurred as a result
of any transactions thereon.
Notwithstanding the foregoing, Company may, solely on behalf of
certain Third Party Services, process and facilitate payment to you of
any amounts owed to you by such Third Party Services (“Third Party
Services Payments”). By entering into this Agreement, you authorize
Company to process and facilitate the Third Party Services to you.
You acknowledge and agree that Company shall have no
responsibility or liability for failure to facilitate the Third Party Services
Payments to you if such failure is due to the respective Third Party
Services’ failure to properly remit the Third Party Payments to
Company. In the event your use of, or access to, the Services is
terminated (whether initiated by you or Company), your use of, or
access to, the Third Party Services shall also cease, and Company
shall have no responsibility or liability related to pending Third Party
Payments owed to you from the respective Third Party Services. In
the event of such termination, you shall be solely responsible for
contacting the respective Third Party Services to provide updated
contact and payment information such that you would receive such
pending Third Party Payments directly from the respective Third Party
Services.
4. WARRANTY DISCLAIMER
Company has no special relationship with or fiduciary duty to you. You
acknowledge that Company has no control over, and no duty to take
any action regarding: which users gain access to the Services; what
Content you access via the Services; what effects the Content may
have on you; how you may interpret or use the Content; or what
actions you may take as a result of having been exposed to the
Content. You release Company from all liability for you having
acquired or not acquired Content through the Services. The Services
may contain, or direct you to websites containing, information that
some people may find offensive or inappropriate. Company makes no
representations concerning any content contained in or accessed
through the Services, and Company will not be responsible or liable
for the accuracy, copyright compliance, legality or decency of material
contained in or accessed through the Services. Company makes no
representations or warranties regarding suggestions or
recommendations of services or products offered or purchased
through the Services. THE SERVICES, CONTENT, WEBSITE,
PRODUCTS AND SERVICES OBTAINED THROUGH THE
WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS”
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF
THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
5. PRIVACY POLICY
For information regarding Company’s treatment of personally
identifiable information, please review Company’s current Privacy
Policy, which is hereby incorporated by reference; your acceptance of
this Agreement constitutes your acceptance and agreement to be
bound by our Privacy Policy.
6. ACCOUNT REGISTRATION AND SECURITY
As a condition to using certain Services, you will be required to
register with the applicable Service and select a password and user
name (“User ID”). You shall provide Company with accurate,
complete, and updated registration information. Failure to do so shall
constitute a breach of this Agreement, which may result in immediate
termination of your account. You may not (i) select or use as a User ID
a name of another person with the intent to impersonate that person;
or (ii) use as a User ID a name subject to any rights of a person other
than you without appropriate authorization. Company reserves the
right to refuse registration of or cancel a User ID in its discretion.
You are entirely responsible for maintaining the confidentiality of your
password and account. Furthermore, you are solely responsible for
any and all activities that occur under your account. You agree to
immediately notify Company of any unauthorized use of your account
or any other breach of security. Company will not be liable for any loss
that you may incur as a result of someone else using your account or
password, either with or without your knowledge. However, you may
be held liable for losses incurred by Company or a third party due to
someone else using your account or password. You may not use any
account that is registered to another person at any time without the
permission of the account holder and Company.
7. INDEMNITY
You will indemnify and hold Company, its parents, subsidiaries,
affiliates, officers, suppliers, licensors, and employees harmless
(including, without limitation, from all damages, liabilities, settlements,
costs and attorneys’ fees) from any claim or demand made by any
third party due to or arising out of your access to the Services, use of
the Services, your violation of this Agreement, or the infringement by
you or any third party using your account of any intellectual property or
other right of any person or entity.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE
SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT
UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY
OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY
AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF
$100 OR THE FEES PAID BY YOU THEREFOR DURING THE 12-
MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR
ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S
REASONABLE CONTROL.
9. DISPUTES BETWEEN USERS
If you have a dispute with one or more Users of the Services or any
Third Party Services, you agree that the Company is under no
obligation to become involved and you hereby release the Company,
its officers, employees, agents, affiliates, representatives and
successors from claims, demands and damages (actual, direct and
consequential) of every kind or nature, known or unknown, suspected
or unsuspected, disclosed or undisclosed, foreseeable or
unforeseeable, arising out of or in any way related to such disputes. If
you are a California resident, you waive California Civil Code Section
1542, which says: “A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the time
of executing the release, which, if known by him must have materially
affected his settlement with the debtor.”
10. TERMINATION
This Agreement shall remain in full force and effect while you use the
Services. You may terminate your use of the Services at any time.
Company may terminate or suspend your access to the Services or
your membership at any time, for any reason, and without warning,
which may result in the forfeiture and destruction of all information
associated with your membership. Company may also terminate or
suspend any and all Services and access to the Website immediately,
without prior notice or liability, if you breach any of the terms or
conditions of this Agreement. Upon termination of your account, your
right to use the Services, access the Website, and any Content will
immediately cease. All provisions of this Agreement which, by their
nature, should survive termination, shall survive termination, including,
without limitation, those relating to payment obligations, ownership
provisions, warranty disclaimers, and limitations of liability.
11. MISCELLANEOUS
The failure of either party to exercise, in any respect, any right
provided for herein shall not be deemed a waiver of any further rights
hereunder. Company shall not be liable for any failure to perform its
obligations hereunder where such failure results from any cause
beyond Company’s reasonable control, including, without limitation,
mechanical, electronic or communications failure or degradation
(including “line-noise” interference). If any provision of this Agreement
is found to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect and enforceable. This
Agreement is not assignable, transferable or sublicensable by you
except with Company’s prior written consent. Company may transfer,
assign or delegate this Agreement and its rights and obligations
without consent. Both parties agree that this Agreement is the
complete and exclusive statement of the mutual understanding of the
parties and supersedes and cancels all previous written and oral
agreements, communications and other understandings relating to the
subject matter of this Agreement (provided that if a separate written
agreement with respect to Company products or services exists
between you and Company, the terms and conditions of that written
agreement shall take precedence over this Agreement in the event of
any conflict), and that all modifications must be in a writing signed by
both parties, except as otherwise provided herein. No agency,
partnership, joint venture, or employment is created as a result of this
Agreement and you do not have any authority of any kind to bind
Company in any respect whatsoever. Headings for each section have
been included above for your convenience, but such headings do not
have any legal meaning, and may not accurately reflect the content of
the provisions they precede.
12. ARBITRATION; GOVERNING LAW
This Agreement shall be governed by and construed in accordance
with the laws of the State of California without regard to the conflict of
laws provisions thereof. Any dispute arising from or relating to the
subject matter of this Agreement shall be finally settled by arbitration
in Los Angeles County, California, using the English language in
accordance with the Streamlined Arbitration Rules and Procedures of
Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in
effect, by one commercial arbitrator with substantial experience in
resolving intellectual property and commercial contract disputes, who
shall be selected from the appropriate list of JAMS arbitrators in
accordance with the Streamlined Arbitration Rules and Procedures of
JAMS. Judgment upon the award so rendered may be entered in a
court having jurisdiction, or application may be made to such court for
judicial acceptance of any award and an order of enforcement, as the
case may be. Notwithstanding the foregoing, each party shall have the
right to institute an action in a court of proper jurisdiction for injunctive
or other equitable relief pending a final decision by the arbitrator. For
all purposes of this Agreement, the parties consent to exclusive
jurisdiction and venue in the United States Federal Courts located in
the Central District of California.
13. DOs AND DON’Ts
The following list of “Dos and Don’ts” is intended to provide a set of
rules governing your use of, and participation in, the Services. All
Users must adhere to these Dos and Don’ts and failure to do so may
result in the suspension of termination of your account.
DOs
You agree that you will:
1. Comply with all applicable laws, including, without limitation,
privacy laws, intellectual property laws, anti-spam laws, export
control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and keep it updated;
3. Use your real name on your profile; and
4. Use the Services in a professional manner.
DON’Ts
You agree that you will not:
1. Create a false identity, misrepresent your identity, create a
Member account for anyone other than yourself (a real person),
or use or attempt to use another’s account;
2. Post or distribute content that is intentionally false or intended to
mislead or deceive others as to the source of the content;
3. Use the Service to promote, incite or engage in the harassment
or bullying of others, in self-harm or other illegal activities.
Making threats (direct or indirect) of violence, including
threatening or promoting terrorism, is also prohibited. Users who
harass, bully or threaten other users will have their content
removed and accounts terminated, and also may be subject to
serious criminal legal consequences in certain jurisdictions;
4. Post content or use the Service to promote hatred or violence
towards, or directly attack or threaten any others, based on race,
ethnicity, nationality, religion, gender, gender identity, sexual
orientation, age, disability, martial status, or veteran status;
5. Post or distribute content that contains nudity, sexual acts, or
sexually explicit materials. Do not post links to pornographic sites
or sites that contain pornography;
6. Promote or endorse regulated goods and services such as
alcohol, gambling, tobacco, firearms/weapons, pharmaceuticals,
or other goods and services regulated in the United States and
other countries in which the Service is available;
7. Use the Service to distribute or promote any advertisement,
solicitations or other commercial content, including non-
Company products, services or any sweepstakes or contests;
8. Post, link to, or distribute content on or through the Service that
is intended to damage or disrupt the Service, or another user’s
device or computer, or that is intended to compromise the
privacy or account security of another user;
9. Develop, support or use software, devices, scripts, robots, or any
other means or processes (including crawlers, browser plugins
and add-ons, or any other technology) to scrape the Services or
otherwise copy profiles and other data from the Services;
10. Override any security feature or bypass or circumvent any
access controls or use limits of the Service (such as caps on
keyword searches or profile views);
11. Copy, use, disclose or distribute any information obtained
from the Services, whether directly or through third parties (such
as search engines), without the consent of the Company;
12. Disclose information that you do not have the consent to
disclose (such as confidential information of others);
13. Violate or infringe the intellectual property rights of others,
including copyrights, patents, trademarks, trade secrets, or other
proprietary, publicity or privacy rights;
14. Violate the intellectual property or other rights of the
Company, including, without limitation, (i) copying or distributing
our content or other materials or (ii) copying or distributing our
technology, unless it is released under open source licenses; (iii)
using our business name or logos
15. Post anything that contains software viruses, worms, or any
other harmful code;
16. Reverse engineer, decompile, disassemble, decipher or
otherwise attempt to derive the source code for the Services or
any related technology that is not open source;
17. Imply or state that you are affiliated with or endorsed by the
Company without our express consent;
18. Rent, lease, loan, trade, sell/re-sell or otherwise monetize
the Services or related data or access to the same, without the
Company’s consent;
19. Use bots or other automated methods to access the
Services, add or download information, send or redirect
messages;
20. Monitor the Services’ availability, performance or
functionality for any competitive purpose;
21. Engage in “framing,” “mirroring,” or otherwise simulating the
appearance or function of the Services;
22. Overlay or otherwise modify the Services or their
appearance (such as by inserting elements into the Services or
removing, covering, or obscuring an advertisement included on
the Services);
23. Interfere with the operation of, or place an unreasonable
load on, the Services (e.g., spam, denial of service attack,
viruses, gaming algorithms);
24. Use the Service to spam others. Spamming activities may
include but are not limited to, sending or posting mass messages
or content, posting duplicative content, political campaigning,
chain letters, posting promotional or commercial content, and
posting false or misleading content. You also may not engage in
username squatting; accounts that are inactive for more than six
months may be removed without further notice; and/or
25. Violate these Dos and Don’ts or any additional terms
concerning a specific Service that are provided when you sign up
for or start using such Service.
If you see something on the Service that you believe violates these
Dos and Don’ts, please report it to us using the contact email:
x1enthelp@gmail.com. We may, in our sole discretion, remove
content that we believe violates these Dos and Don’ts or is otherwise
objectionable even without receiving a complaint of a potential
violation.
Our community is diverse and reaches beyond geographical borders,
so please keep in mind that something that you may find objectionable
may not violate our Dos and Don’ts.
14. COPYRIGHT DISPUTE POLICY
Company has adopted the following general policy toward copyright
infringement in accordance with the Digital Millennium Copyright Act
or DMCA (posted at https://www.copyright.gov/legislation/pl105-
304.pdf). The address of Company’s Designated Agent to Receive
Notification of Claimed Infringement (“Designated Agent”) is listed at
the end of this Section. It is Company’s policy to (1) block access to or
remove material that it believes in good faith to be copyrighted
material that has been illegally copied and distributed by any of our
advertisers, affiliates, content providers, members or users; and (2)
remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible
through the Services infringes a copyright, please send a notice of
copyright infringement containing the following information to the
Designated Agent listed below: 1. A physical or electronic signature of
a person authorized to act on behalf of the owner of the copyright that
has been allegedly infringed; 2. Identification of works or materials
being infringed; 3. Identification of the material that is claimed to be
infringing including information regarding the location of the infringing
materials that the copyright owner seeks to have removed, with
sufficient detail so that Company is capable of finding and verifying its
existence; 4. Contact information about the notifier including address,
telephone number and, if available, email address; 5. A statement that
the notifier has a good faith belief that the material identified in (3) is
not authorized by the copyright owner, its agent, or the law; and 6. A
statement made under penalty of perjury that the information provided
is accurate and the notifying party is authorized to make the complaint
on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by
the Designated Agent:
It is Company’s policy:
1. To remove or disable access to the infringing material; 2. To notify
the content provider, member or user that it has removed or disabled
access to the material; and 3. That repeat offenders will have the
infringing material removed from the system and that Company will
terminate such content provider’s, member’s or user’s access to the
Services.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that
was removed (or to which access was disabled) is not infringing, or
the content provider, member or user believes that it has the right to
post and use such material from the copyright owner, the copyright
owner’s agent, or, pursuant to the law, the content provider, member,
or user, must send a counter-notice containing the following
information to the Designated Agent listed below: 1. A physical or
electronic signature of the content provider, member or user; 2.
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 disabled; 3. A statement that the
content provider, member or user has a good faith belief that the
material was removed or disabled as a result of mistake or
misidentification of the material; and 4. Content provider’s, member’s
or user’s name, address, telephone number, and, if available, email
address, and a statement that such person or entity consents to the
jurisdiction of the Federal Court for the judicial district in which the
content provider’s, member’s or user’s address is located, or, if the
content provider’s, member’s or user’s address is located outside the
United States, for any judicial district in which Company is located,
and that such person or entity will accept service of process from the
person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company
may send a copy of the counter-notice to the original complaining
party informing that person that Company may replace the removed
material or cease disabling it in 10 business days. Unless the
copyright owner files an action seeking a court order against the
content provider, member or user, the removed material may be
replaced or access to it restored in 10 to 14 business days or more
after receipt of the counter-notice, at Company’s discretion.
Please contact Company’s Designated Agent to Receive Notification
of Claimed Infringement at the following address: X1 Entertainment
LLC, Attn: Copyright Agent / Legal Department, 8117 W. Manchester
Avenue, Ste. 153, Playa Del Rey, CA 90293
15. CONTACT
If you have any questions, complaints, or claims with respect to the
Services, you may contact us at:
X1 Entertainment LLC
8117 W. Manchester Ave., Ste. 153
Playa Del Rey, CA 90293
Attn: Privacy / Legal Department
Effective: April 28, 2019