VULCAN TECHNOLOGIES TERMS OF USE

YOUR USE OF OUR APP, YOUR REGISTRATION ON OUR APP OR YOUR SUBMISSION OF ANY CONTENT OR PERSONAL INFORMATION CONSTITUTES YOUR AGREEMENT TO THESE TERMS, INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY AS AMENDED FROM TIME TO TIME. DO NOT USE THIS APP OR PROVIDE CONTENT OR PERSONAL INFORMATION IF YOU DO NOT AGREE TO THE TERMS OR IF YOUR JURISDICTION WILL NOT HONOR THEM.

These Terms of Use represent the entire understanding between you and the Vulcan Technologies LLC ("Vulcan Tech") regarding your use of www.xbmctouch.com, online services, the XBMC Touch application and mobile services (collectively the "App"). Vulcan Tech is providing you access to the App subject to these Terms of Use and the App's Privacy Policy. By accessing the App and/or submitting information through the App, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.

Vulcan Tech reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the App signifies your acceptance of any changed terms. We will post any changes to these Terms of Use on this page so you can readily review the current version. We will alert you that changes have been made by indicating on the bottom of the Terms of Use the date it was last updated. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the App.

Personal and Non-Commercial Use Only
Unless otherwise specified in writing by Vulcan Tech, the App, all information, graphics, text, messages and other materials made available through the App are available for your personal and non-commercial use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained through this App. You agree that Vulcan Tech may establish general practices and limits concerning use of the App. You agree that Vulcan Tech has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the App.

Registration and Forums
Vulcan Tech makes available forums for discussion and support about the App. The forums are a place to exchange information, obtain technical support, provide suggestions and share experiences with other users. When you use the forums, you may also be required to provide your name and email address. You agree to provide Vulcan Tech with complete, accurate and current information about yourself and to update such information as necessary to ensure that it remains complete, accurate and current. You may not use a user name or email address that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that Vulcan Tech rejects for any other reason at its sole discretion. Vulcan Tech reserves the right to suspend or terminate your account and your use of the App for any reason at any time in its sole discretion, including if it has any basis to believe that your registration information is incomplete or inaccurate. If you violate any of these Terms of Use, your permission to use the forums and the App automatically terminates, and Vulcan Tech may also pursue any other available legal remedy against you. Vulcan Tech reserves the right to deactivate accounts that are inactive for an extended period of time.

User Content
Through the App you may post, upload, transmit provide or otherwise make available ("Transmit") information, content, questions, material, software, suggestions, reviews, or comments (collectively "Content"). You agree that your Content will not violate any of these Terms of Use. Vulcan Tech has no obligation to pre-screen or monitor your access to or use of this App, the Content you post or any materials made available through this App, but has the right to do so for the purpose of operating this App to ensure compliance with these Terms of Use. Vulcan Tech may, in its sole discretion, remove or delete any Content that violates these Terms of Use or that is otherwise objectionable. Vulcan Tech takes no responsibility and assumes no liability for Content posted by you or any third party. By posting Content on the App, you warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content. Vulcan Tech reserves the right at all times to edit, refuse to post or remove any information or materials, in whole or in part, in Vulcan Tech's sole discretion. Content Transmitted to the App may be subject to posted limitations on usage, reproduction and/or dissemination. You agree to adhere to such limitations. Vulcan Tech does not claim ownership of the Content; however, Transmitting or otherwise sending your Content through the App or otherwise, you are expressly granting the Vulcan Tech, its partners and their respective affiliates and necessary sublicensees a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide right to use your Content for any purpose, including without limitation the rights to display, publish, reproduce, modify, adapt, transmit, sublicense, translate, perform, create derivative works from, and distribute your Content, in whole or in part, throughout the world in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, including all promotion, advertising, marketing, publicity and any other uses thereof, without compensation to you or anyone else.

DO NOT SEND CONFIDENTIAL INFORMATION THROUGH THE APP OR OTHERWISE TO VULCAN TECH. Any Content you share on a forum can be seen by any users of the App. Vulcan Tech does not want and you agree not to post any Content or otherwise send Vulcan Tech any requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be personal, confidential or proprietary. All Content, including any requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to Vulcan Tech, through the App either using the forums or otherwise will not be treated as confidential or proprietary and Vulcan Tech will have no nondisclosure obligations or use prohibitions related to such information.

Vulcan Tech reserves the right to reject any Content or request for information and to bar any user from the App, for any reason, in Vulcan Tech's sole discretion.

No Unlawful or Prohibited Use
You warrant that you will not use the App or any materials, software, content or information obtained from the App for any purpose that is unlawful or prohibited by these Terms of Use. Without limitation, you agree not to: (i) use the App in any manner that could damage, disable, overburden or impair any Vulcan Tech server or the network(s) connected to any Vulcan Tech server, or interfere with any other party's use and enjoyment of the App; (ii) attempt to gain unauthorized access to any materials or information through any means not intentionally made available through the App, including without limitation through hacking or any other means; (iii) Transmit Content that is illegal, obscene, threatening, defamatory, invasive of privacy, harmful, abusive, harassing, defamatory, pornographic, offensive, or promotes bigotry or racism; (iv) falsely state or otherwise misrepresent your identity or affiliation with a person or entity; (v) disguise the origin of any Content transmitted through the App; (vi) Transmit any Content that infringes another's intellectual property rights; (vii) Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, or political campaigning; (viii) Transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or interfere with or disrupt this App or any servers or networks connected to the App; (ix) reverse engineer, decompile or disassemble any of the software used to provide the App; or (x) obtain, collect, store or modify the personal information about other users.

User-Posted Content and Links
User-posted content and information do not represent the advice, views, opinions, or beliefs of Vulcan Tech and Vulcan Tech makes no claim of accuracy of such content. The App may contain links to other websites on the Internet that are owned and operated by someone other than Vulcan Tech. Vulcan Tech provides these links solely as a convenience. The appearance of a link does not imply Vulcan Tech's endorsement, nor is Vulcan Tech responsible for the content on any linked site. These Terms of Use and the Privacy Policy are applicable only when you are on the App. Once you choose to link to another website, you will be bound by the terms of use and privacy statement applicable to such website. YOU ACCESS LINKED SITES AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL VULCAN TECH BE LIABLE IN ANY WAY FOR ANY ASPECT OF THE LINKED SITE, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.

Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the App and your use of the services described therein. Vulcan Tech controls and operates this App from its headquarters in the United States of America and makes no representations that the App is appropriate or available for use in other locations. If you use this App from outside of the United States of America, you are entirely responsible for compliance with local laws. Unless otherwise explicitly stated, all information or promotional materials found on this App are solely directed to individuals, companies or other entities located in the United States. Disclaimer

VULCAN TECH PROVIDES THE APP AND ITS SERVICES ON AN "AS-IS" BASIS. ANY USE OF THE APP IS AT YOUR OWN SOLE RISK. VULCAN TECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE APP; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE APP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VULCAN TECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE APP, INCLUDING WITHOUT LIMITATION WARRANTIES RELATED TO THE OPERATION OF THE APP, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE APP. WITHOUT LIMITING THE FOREGOING, VULCAN TECH DOES NOT WARRANT THAT THE APP OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VULCAN TECH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE APP OR THE SERVICES DESCRIBED THEREIN. YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD, EMAIL OR OTHERWISE POST USING THE APP.

Limitation of Liability
IN NO EVENT SHALL VULCAN TECH BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE APP, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE APP, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE APP, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF VULCAN TECH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VULCAN TECH'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.

Eligibility
You must be 18 years or older to use the App.

Release
You release and discharge the Vulcan Tech, its affiliates and their respective officers, directors, shareholders, employees and agents from and against all claims, damages, losses, liabilities, costs and expenses of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, related to, or arising out of your use of the App. You knowingly and voluntarily waive any protection that you might have under Section 1542 of the California Civil Code as well as any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.

Indemnity
You will indemnify, defend and hold harmless the Vulcan Tech, its subsidiaries and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the App or any violation of these terms.

General Proprietary Rights
The App is owned by Vulcan Tech and contains material that is derived in whole or in part from Vulcan Tech and other sources. The App and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the App, including without limitation code or software, without Vulcan Tech's express written permission.

Copyright
All App design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the App are the property of Vulcan Tech, or their content suppliers, and are protected by U.S. and other international copyright laws, 2013, Vulcan Technologies LLC. ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the App must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use, reproduction or distribution of the designs, text, code, graphics, interfaces or other copyright protected works (whether marked as such or not) appearing on the App is in violation of copyright, trademark, and other applicable laws and may result in severe criminal penalties and/or civil fines. Trademarks

"XMBC TOUCH", "VULCAN TECHNOLOGIES" and all logos, designs and symbols associated with such terms are trademarks of Vulcan Tech and/or its affiliates. They may not be used in connection with any product or service other than those services offered by Vulcan Tech or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Vulcan Tech or its affiliates. All other trademarks are the property of their respective owners.

Digital Millennium Copyright Act ("DMCA") Notice
Vulcan Tech respects the intellectual property rights of others and is committed to complying with U.S. Copyright laws. Vulcan Tech's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). The DMCA provides resources for owners of copyrighted material who believe their rights under U.S. Copyright law have been infringed on the Internet. If you believe your work has been copied and is accessible on the App in a way that may constitute copyright infringement, please provide notice to Vulcan Tech's Designated Agent, listed below. The notice must include the following information as provided by the DMCA, 17 U.S.C. 512(c)(3):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;


  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copy works at a single online App are covered by a single notification, a representative list of such works at that App;


  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;


  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;


  5. 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;


  6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Vulcan Tech's Designated Agent for receiving notices of copyright infringement may be reached at the following:

Copyright Agent for Claims, Legal Department
Vulcan Technologies LLC
505 Fifth Ave. S, Suite 900
Seattle, WA 98104
Telephone: (206) 342-2000
Fax: (206) 342-3000
Email: legal@vulcan.com

Notice of Potential Infringement
To notify Vulcan Tech of any suspected infringement, please contact us at support@xbmctouch.com

Applicable Law
Vulcan Tech operates the App from Seattle, Washington, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Washington without reference to its conflict of law provisions.

Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the App, and/or the services described therein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

JURY TRIAL WAIVER. YOU AND VULCAN TECH WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND VULCAN TECH.

CLASS ACTION WAIVER. WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND VULCAN TECH MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.

Termination
These Terms of Use shall remain in force until terminated by Vulcan Tech. Vulcan Tech may terminate the Terms of Use, or suspend your access to all or part of the App, without notice, for any conduct that Vulcan Tech, in its sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

Miscellaneous
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Vulcan Tech reserves the right to make changes to the App, policies and these Terms of Use at any time.

All rights not expressly granted herein are reserved.

Last Updated: May 23, 2013