Terms of Service

Click here for Terms and Conditions for Federal Government Agencies (pdf)

Click here to scroll to the Xtranormal for Education Terms of Service

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“XTRANORMAL FOR FUN” TERMS OF SERVICE

Highlights:

By registering, accessing or using www.xtranormal.com, you have agreed to these Terms of Service, our Privacy Policy and all other policies and rules;
Are you a minor? Go ask your parents for permission to play on xtranormal.com. They will have to register your account for you.
Are you under 13? If so, this site is not intended for you.
If you are not a minor what are you waiting for? Please register.
Password security is your responsibility for all activity on your account. Create a 'hard to guess' password and do not share your password with anyone for any reason.
All content of any type on the Site is the property of Xtranormal. Though you remain the owner of your personal content, by posting personal User Content on the Site you automatically grant Xtranormal and all other users a full licence to use such User Content
You have all responsibility over all activity on your account and any other account associated with your account, including accounts linked through billing method or IP address.
Do have fun and respect the rights of others to enjoy safe, fun and unimpeded access to xtranormal.com
Xtranormal may, but is not obliged to, review and delete, at its own discretion, User Content that violates this agreement or might be offensive, illegal or inappropriate
Do not use our services to violate any applicable law or regulation, including without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or public rights of any other person
If your account is closed because of violation to the terms and conditions of our website, you will lose access to our website. If you have any questions, you may contact our customer support at: http://support.xtranormal.com/tickets/new

Xtranormal Inc. ('us', 'we' or 'Xtranormal') offers multi-user online content creation and sharing service ('the Service'). Access to the Service is available from the domain of www.xtranormal.com ('the Site').

These terms of service ('Terms of Service') constitute a legal agreement ('the Agreement') between you, the user ('the User') and Xtranormal. Your enjoyment of the Site is important to us. Please read the Terms of Service carefully. They contain the legal terms and conditions provided to you by the Site and are a binding agreement, just as if you had signed the agreement.

BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE TERMS OF USE OF CONTENT, LIMITED WARRANTY, EXCLUSION OF LIABILITY AND ANY GUIDELINES OR FUTURE MODIFICATIONS. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THE PRIVACY POLICY OR OTHER POSTED GUIDELINES, DO NOT USE THE WEB SITE.

Your privacy is important to us. The Xtranormal Privacy Policy is hereby incorporated into these Terms of Service by reference. Please read the policy carefully for details relating to the collection, use, and disclosure of your personal information.

Eligibility; Account Registration and Requirements

The Site is not available to persons under the age of 13 or to any person suspended or removed from our site by us. If you register use the site, you agree to provide accurate and complete answers to questions in the registration form. After registering, you also undertake to update your account information to keep it current. Furthermore, you undertake to safeguard the security of your account password and not let anyone else access the site using your details. You are responsible for any activity that occurs using your account.

Age Requirement

The Service and the Site are not intended for children under the age of 13 and Xtranormal does not target or knowingly collect personally identifiable information from children under the age of 13, who should not create an Account, are not eligible to enter any contest, event or promotion and are asked not to provide any personal information of any kind on or through the Site, or to us. Whilst we will not knowingly accept any interactions from anyone under the age of 13, if a parent or legal guardian discovers that their child under the age of 13 has provided us with personally identifiable information please notify us via http://xtranormal.zendesk.com/tickets/new and we will remove the information as soon as is practical.

Service Provider and Content

You acknowledge that Xtranormal is a service provider that may allow people to interact online regarding topics and content chosen by users of the service, and that users can alter the service environment on a real-time basis. Xtranormal does not pre-screen the content, the materials or the communications transmitted by each user. Whilst we may choose to monitor and take action upon inappropriate movies, it is possible that some material accessible through the site may be inappropriate or offensive to some users, particularly children. As a result, Xtranormal has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.

Proprietary Rights

The intellectual property rights (including without limitation copyright, design, trade mark, software and database rights) in the material, information and computer files on the site are owned by, or are otherwise licensed to, Xtranormal. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions.

You may not remove any product identification, trademarks, copyright notices or other notices from the materials or any copies you may have made for your own personal use.

Any unauthorized downloading, use, copying, modification or distribution of the materials may be in breach of statutory or common law rights which may be the subject of legal action.

Xtranormal reserves all rights not expressly granted.

User Content

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish (on the site), transmit or share with other users. You understand that whether or not such User Content is posted, Xtranormal does not guarantee any confidentiality. You understand and agree that Xtranormal may, but is not obligated to, review the Site and may delete or remove Content in its sole discretion, for any reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the Site or provide to Xtranormal.

In connection with the User Content, you affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to use all copyrights or other proprietary rights. And authorize Xtranormal to use these in the manner contemplated by the Site and the Terms of Service.

When you post User Content to the Site, you authorize Xtranormal to make copies to facilitate the posting and storage of the User Content on the Site. For clarity, Xtranormal does not assert any ownership over your User Content; you retain full ownership of all of your User Content and any intellectual property rights.

However, by posting User Content to any part of the Site, you automatically grant to Xtranormal a non-exclusive, transferable, fully-paid royalty-free, worldwide license (with the right to sublicense) to: use, copy, publicly perform, publicly display, reformat, translate, excerpt and distribute such User Content for any purpose. You also grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under the Terms of Service.

In connection with User Content, you further agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Xtranormal all of the licensed rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Xtranormal or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) Extract the Audio file from the User Content to be used for standalone commercial purposes.

Xtranormal does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Xtranormal expressly disclaims any and all liability infringing activities and infringement of intellectual property rights on the Site. Xtranormal will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. In no event shall you represent or suggest, directly or indirectly, Xtranormal’s endorsement of User Content.

Xtranormal does not vouch for the accuracy or credibility of any User Content on our Site, and does not take any responsibility or assume any liability for any actions you may take as a result of seeing User Content on our Site. Through the use of the Site and the Service, you may be exposed to content you may find offensive, objectionable, harmful, inaccurate or deceptive. By using our Site, you assume all associated risks.

You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will terminate within a reasonable time, however you acknowledge that Xtranormal may retain archived copies of your User Content. You acknowledge as well that even though some of your User Content might be remove from the Site at any time, Xtranormal has no capacity to remove, from the world wide web, any portion of the User Content which has previously been published on the Internet. More specifically but without limitation, User Content previously published on the Internet might still be viewable through other sites or search engines, for an unlimited period of time. Xtranormal has no control over those website or search engines.

User Account and Account Data

You agree that even though you may retain certain copyright or other intellectual property rights with respect to content you create while using the Service, you do not own the Account you use to access the Service, nor do you own any data we store on Xtranormal’s servers (including without limitation any data representing or embodying any or all of your User Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of Xtranormal.

Technologies, Services, Materials and Downloads

Technologies and Services.

Xtranormal has designed the Service to be experienced only as offered by Xtranormal at the sites or partner websites. Xtranormal is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by Xtranormal.

You may not charge any fee to access Xtranormal services.

Materials.

All information, product information, software, documentation, content (except for User Content) and/or material posted on the Site or available through it (collectively, the 'Materials') are the property of Xtranormal or its licensors. No transfer or grant of any rights is made or implied by any provision of these Terms of Service or by any other provision contained in the Site. You agree not to infringe upon all the above rights.

No Endorsement.

No reference made in this Site to any specific commercial product, process, website or service (other then Xtranormal Inc.), constitute or imply an endorsement, recommendation or favoring by Xtranormal. Xtranormal makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site, or websites linking to this Site.

Charges, billing, the free trial and free membership

You are responsible and agree to pay all charges incurred, by you or anyone you allow to use your account, including applicable taxes and purchases made. There may be extra charges to access certain premium content or Services. Xtranormal will provide notice of any extra charge before you incur any charges. You are responsible for any premium charges incurred using your Account and these charges may apply even during the free trial and free membership. Billing information will be held as confidential in accordance with the terms set forth in the Privacy Policy. Upon default of payment by a User, Xtranormal may cancel the User Account, without further notice.

Payment by Credit Card

You must use a credit card or an approved payment method to pay for any goods or services. When you provide credit card information or other payment method information to Xtranormal, you represent and warrant that you are the authorized user of the credit card that is used to pay the charges or fees. Unless you provide us, prior to the expiry of your subscription, with a written notice of cancellation, any subscription will automatically renew for the same period of time. The automatic renewal will not apply if the recurring charges for your membership program have changed since the time of subscription. You agree to promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify us if your credit card expires or is cancelled for any reason.

Charges to Your Credit Card

Your fees are payable in advance and are not refundable in whole or in part. If your membership program includes recurring monthly fees, Xtranormal will provide you with notice of a change to such recurring monthly fees. You will be notified via email at least thirty (30) days in advance. Your continued use of the Service for thirty (30) days after notification of the changes to the recurring monthly fees means that you accept the said changes. If any change is unacceptable to you, you may cancel your membership or a particular subscription at any time, but Xtranormal will not refund any fees that may have accrued to your account before cancellation of your membership or subscription, and we will not prorate fees for any subscription. If your use of the Service is subject to use or sales tax, then Xtranormal may also charge you for any such taxes, in addition to the subscription or other fees.

Xtranormal points and Exchange

You acknowledge that the Service may include a component of in-world fictional currency ('Xtranormal points’), which constitute a limited license right to use a feature of our product. Xtranormal may charge fees for the right to use Xtranormal points, or may distribute them without charge, in its sole discretion. Regardless of terminology used, Xtranormal points represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Xtranormal at any time. You agree that Xtranormal has the absolute right to manage, regulate, control, modify and/or eliminate such points as it sees fit in its sole discretion, in any general or specific case, and that Xtranormal will have no liability to you based on its exercise of such right. You shall be responsible for any tax consequences that may result from your participation in the point’s service. The scope, variety and type of online services and digital products that you may obtain by redeeming points can change at any time and we have no obligation to continue making offers available for point’s redemption. We may cancel, suspend or otherwise limit your access to your points balance if we suspect fraudulent, abusive or unlawful activity. Once we delete points from a balance, we will not reinstate them, except at our discretion.

If we post points to your balance for an activity that is subsequently voided, cancelled or involves a returned item, then we will remove those points from your balance. You must ensure that we properly post your points to your balance and if you believe that you have validly acquired points that we have not posted to your balance, you must contact us within 12 months and present reasonable documentation to support your claim.

30 Days Money Back Guarantee

This guarantee is effective for Xtranormal initial purchase of Xtranormal Points. If you are not completely satisfied with the service provided by Xtranormal for any reason, you may cancel the Agreement within 30 days of your initial purchase of Xtranormal points. You will be refunded the fee paid for Xtranormal points, minus any processing fee, and/or credit card charge backs. A request for the 30-Day Money Back Guarantee must be submitted to http://support.xtranormal.com/tickets/new, indicating your Xtranormal log-in and the refund amount you are seeking. A refund will be processed approximately within 7 days of Customer’s request.

You will not be eligible for the 30 days Money Back Guarantee should your account or movies have been deleted because of violation of the Terms and Conditions.

Contests and sweepstakes

We will provide the rules for such contests at such times as they are made available on the Site.

Patents

Without limiting any of the foregoing or hereunder, the Service or any of its licensors or affiliates products, technology and processes referred to or posted on the Site may be covered by one or more patents; and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Service or by any other provision contained in the Site, and Xtranormal and/or its licensors and/or affiliates reserves all such rights.

Trademarks

Xtranormal is a trademark of Xtranormal Inc. Xtranormal’s trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Xtranormal.

Third Party Websites

The Site contains or may contain links to other web sites ('Third Party Sites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (collectively, the 'Third Party Applications, Software or Content'). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Disclaimer

THE SITE AND THE CONTENT ARE PROVIDED ON AN 'AS-IS' and 'AS AVAILABLE' BASIS AND YOU USE THIS SITE AT YOUR OWN RISK.

Xtranormal makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any errors, mistakes or inaccuracies of content.

When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of Xtranormal. Accordingly, Xtranormal ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.

Xtranormal MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

Xtranormal DISCLAIMS ALL LIABILITY FOR ANY COMPUTER VIRUSES, WORMS OR OTHER DISABLING COMPUTER CODE THAT MAY BE LOADED INTO USER’S COMPUTER WHEN USERS DOWNLOAD DOCUMENTS FROM THIS SITE. You are strongly advised to obtain and use appropriate anti-virus and security software.

TO THE FULLEST EXTENT PERMITTED BY LAW, Xtranormal DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE AND Xtranormal MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE.

You specifically agree that Xtranormal shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree Xtranormal is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Xtranormal is not responsible for any content sent using and/or included in the Site by any third party.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF Xtranormal OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE NOR WILL THEY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE (OR INABILITY TO USE) THE SITE, THE CONTENT, THE INFORMATION ON OR AVAILABLE THROUGH THIS SITE, OR ARISING OUT OF ANY INFORMATION AVAILABLE ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Xtranormal IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIM AGAINST Xtranormal, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE ON IT.

Indemnity

Despite and in addition to any other requirements under these Terms of Service that you make any payments to any third party as a result of the use of your password or account, you agree to indemnify and hold harmless Xtranormal, its directors, officers, employees, agents, and licensors from and against all losses, expenses, damages, claims, fines, penalties and costs, including reasonable legal and accounting fees, resulting from any alleged violation of these Terms of Service or the Site’s Privacy Policy or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Account.

Modification or Interruption of Service

Xtranormal reserves the right to modify, interrupt or discontinue the Service with or without notice for any reason or no reason and you agree that Xtranormal will not be liable for any modification, interruption or suspension of the Service or reimbursement of any fee. We reserve the right to modify these Terms of Service or the policies regarding the use of our Website at any time and to notify you by posting an updated version of the Terms of Service on this Website. Your continued use of the Service or the Site after any such changes shall constitute your acceptance of the new Terms of Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

Active Participation; Storage and Bandwidth Limits

xtanormal reserve the right to cancel accounts not used at least once every 180 days, limit the amount of Content allowed to be uploaded to the Service or limit the maximum bandwidth that may be utilized each day. We may change these limits at our sole discretion upon providing you with notice and if they are consistently exceeded, we may refuse to accept and/or remove any Content, or we may suspend certain functions of the Service for your Account.

Account Cancellation

Accounts may be cancelled by contacting us via http://support.xtranormal.com/tickets/new . Upon approval of your cancellation, your Account will be cancelled within 24 hours. There will be no refund for any prepaid fees or for any portion of the Service.

Termination

Xtranormal, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) and remove and discard any Content within the Site at any time. You agree that any termination may be effected without prior notice and that Xtranormal shall not be liable to you or any third-party for any termination of your access to the site and removal of Content.

General

This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, and the laws of Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the courts of the Province of Quebec, located in Montreal, Quebec, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

For non-Canadian residents

You certify that you are not resident in Canada for purposes of the Excise Tax Act. Where applicable, you agree to advise Xtranormal of any change to your residence status for purposes of the Excise Tax Act.

Notice and Procedure for Making Claims of Copyright Infringement

Xtranormal will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ('DMCA'). If you believe any material available via the Site infringes a copyright, you should notify us using the procedure for claimed infringement under the DMCA to our designated agent as follows:

DMCA Complaints
Xtranormal Inc.
222 Sutter Street, Suite 450

San Francisco, CA 94108

“XTRANORMAL FOR EDUCATION” TERMS OF SERVICE

Highlights:

By registering, accessing or using (Xtranormal.com/edu), you have agreed to these Terms of Service, our Privacy Policy and all other policies and rules;
If you have landed on Xtranormal Education site, chances are that you are a teacher, professor or educator. Please note that when creating an assignment, and generating log-in for your user, Xtranormal will not store the student e-mail. As such you do not need parental agreement for students under the age of thirteen (13) as specified under the Children’s Online Privacy Protection Act.
Password security is your responsibility for all activity on your account. Create a 'hard to guess' password and do not share your password with anyone for any reason.
All content of any type on the Site is the property of Xtranormal. Though you remain the owner of the content created during the teaching assignment, but by posting personal teaching content on the Site you automatically grant Xtranormal and all other users a full license to use such content.
As an educator you have all responsibility over all activity on your account and any other account associated with your account (ie: your students).

Xtranormal may, but is not obliged to, review and delete, at its own discretion, User Content that violates this agreement or might be offensive, illegal or inappropriate.
Do not use our services to violate any applicable law or regulation, including without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or public rights of any other person.
If your account is closed because of violation to the terms and conditions of our website, you will lose access to our website. If you have any questions, you may contact our customer support at: http://support.xtranormal.com/tickets/new

Eligibility; Account Registration and Requirements
This sub-site is available for educators (teachers, professor, instructional designers…etc). As an educator, you will have the possibility to create work assignments for your students, that may be under the age of 13 (thirteen). If you register use the site, you agree to provide accurate and complete answers to questions in the registration form. After registering, you also undertake to update your account information to keep it current. Furthermore, you undertake to safeguard the security of your account password and not let anyone else access the site using your details. You are responsible for any activity that occurs using your account.

Age Requirement
The Service and the Site are not intended for children under the age of 13 unless invited by the educator for a work assignment. Please note that Xtranormal does not collect personally identifiable information about your students, including children under the age of 13. Student under the age of 13 should not create an Account directly, are not eligible to enter any contest, event or promotion and are asked not to provide any personal information of any kind on or through the Site, or to us. Whilst we will not knowingly accept any interactions directly from anyone under the age of 13, if a parent, legal guardian or teacher discovers that their child under the age of 13 has provided us with personally identifiable information please notify us via http://support.xtranormal.com/tickets/new and we will remove the information as soon as is practical.

Service Provider and Content
You acknowledge that Xtranormal is a service provider that may allow people to interact online regarding topics and content chosen by users of the service, and that users can alter the service environment on a real-time basis. Xtranormal does not pre-screen the content, the materials or the communications transmitted by each user. Whilst we may choose to monitor and take action upon inappropriate movies, it is possible that some material accessible through the site may be inappropriate or offensive to some users, particularly children. As a result, Xtranormal has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.

Proprietary Rights
The intellectual property rights (including without limitation copyright, design, trade mark, software and database rights) in the material, information and computer files on the site are owned by, or are otherwise licensed to, Xtranormal. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights or constitutes a license to use such intellectual property rights other than to the extent expressly set out in these terms and conditions.

You may copy any materials existing or generated on the Xtranormal site for your own personal use only. You may download, install and execute such materials where expressly indicated. You may not otherwise modify, distribute or reproduce these in any manner and for any other use without the prior written consent of Xtranormal. You may not remove any product identification, trademarks, copyright notices or other notices from the materials or any copies you may have made for your own personal use. Any unauthorized downloading, use, copying, modification or distribution of the materials may be in breach of statutory or common-law rights, which may be the subject of legal action.

Xtranormal reserves all rights not expressly granted.

User Content
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish (on the site), transmit or share with other users. You understand that whether or not such User Content is posted, Xtranormal does not guarantee any confidentiality. You understand and agree that Xtranormal may, but is not obligated to, review the Site and may delete or remove Content in its sole discretion, for any reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the Site or provide to Xtranormal.

User Account and Account Data
You agree that even though you may retain certain copyright or other intellectual property rights with respect to content you create while using the Service, you do not own the Account you use to access the Service, nor do you own any data we store on Xtranormal’s servers (including without limitation any data representing or embodying any or all of your User Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of Xtranormal.

Technologies, Services, Materials and Downloads

Technologies and Services.
Xtranormal has designed the Service to be experienced only as offered by Xtranormal at the sites or partner websites. Xtranormal is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by Xtranormal.

You may not charge any fee to access Xtranormal services.

Materials.
All information, product information, software, documentation, content (except for User Content) and/or material posted on the Site or available through it (collectively, the 'Materials') are the property of Xtranormal or its licensors. No transfer or grant of any rights is made or implied by any provision of these Terms of Service or by any other provision contained in the Site. You agree not to infringe upon all the above rights.

No Endorsement.
No reference made in this Site to any specific commercial product, process, website or service (other then Xtranormal Inc.), constitute or imply an endorsement, recommendation or favoring by Xtranormal. Xtranormal makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site, or websites linking to this Site.

Charges, billing, the free trial and free membership
You are responsible and agree to pay all charges incurred, by you or anyone you allow to use your account, including applicable taxes and purchases made. There may be extra charges to access certain premium content or Services. Xtranormal will provide notice of any extra charge before you incur any charges. You are responsible for any premium charges incurred using your Account and these charges may apply even during the free trial and free membership. Billing information will be held as confidential in accordance with the terms set forth in the Privacy Policy. Upon default of payment by a User, Xtranormal may cancel the User Account, without further notice.

Payment by Credit Card
You must use a credit card or an approved payment method to pay for any goods or services. When you provide credit card information or other payment method information to Xtranormal, you represent and warrant that you are the authorized user of the credit card that is used to pay the charges or fees. Unless you provide us, prior to the expiry of your subscription, with a written notice of cancellation, any subscription will automatically renew for the same period of time. The automatic renewal will not apply if the recurring charges for your membership program have changed since the time of subscription. You agree to promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify us if your credit card expires or is cancelled for any reason.

Charges to Your Credit Card
Your fees are payable in advance and are not refundable in whole or in part. If your membership program includes recurring monthly fees, Xtranormal will provide you with notice of a change to such recurring monthly fees. You will be notified via email at least thirty (30) days in advance. Your continued use of the Service for thirty (30) days after notification of the changes to the recurring monthly fees means that you accept the said changes. If any change is unacceptable to you, you may cancel your membership or a particular subscription at any time, but Xtranormal will not refund any fees that may have accrued to your account before cancellation of your membership or subscription, and we will not prorate fees for any subscription. If your use of the Service is subject to use or sales tax, then Xtranormal may also charge you for any such taxes, in addition to the subscription or other fees.

30-day Moneyback Guarantee
This guarantee is effective for Xtranormal initial purchase of Xtranormal Points. If you are not completely satisfied with the service provided by Xtranormal for any reason, you may cancel the Agreement within 30 days of your initial purchase of Xtranormal points. You will be refunded the fee paid for Xtranormal points, minus any processing fee, and/or credit card charge backs. A request for the 30-Day Money Back Guarantee must be submitted to customer support, indicating your Xtranormal log-in and the refund amount you are seeking. A refund will be processed approximately within 7 days of Customer’s request. You will not be eligible for the 30 days Money Back Guarantee should your account or movies have been deleted because of violation of the Terms and Conditions.

Xtranormal for Education payment system

You acknowledge that ‘Xtranormal for Education’ (the Service) includes a payment system, which provides a limited license right to use all the features of the Service and Xtranormal may change its fee for the right to use the Service at its sole discretion. You agree that Xtranormal has the absolute right to manage, regulate, control, modify and/or eliminate the payment system for the Service as it sees fit at its sole discretion, in any general or specific case, and that Xtranormal will have no liability to you based on its exercise of such right.

You shall be responsible for any tax consequences that may result from you using the Service. The scope, variety and type of online services and digital products that you may obtain by purchasing the Service can change at any time and Xtranormal has no obligation to continue making offers available.

Xtranormal may cancel, suspend or otherwise limit your access to the Service if fraudulent, abusive or unlawful activity is suspected. It is your responsibility to check that any purchased credits are available in your account and if you believe that you have validly purchased credits for the Service that did not get posted to your account, please contact Xtranormal via http://support.xtranormal.com/tickets/new within 12 months and present reasonable documentation to support your claim.

Contests and sweepstakes
We will provide the rules for such contests at such times as they are made available on the Site.

Patents
Without limiting any of the foregoing or hereunder, the Service or any of its licensors or affiliates products, technology and processes referred to or posted on the Site may be covered by one or more patents; and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Service or by any other provision contained in the Site, and Xtranormal and/or its licensors and/or affiliates reserves all such rights.

Trademarks
Xtranormal is a trademark of Xtranormal Inc. Xtranormal’s trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Xtranormal.

Third Party Websites
The Site contains or may contain links to other web sites ('Third Party Sites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (collectively, the 'Third Party Applications, Software or Content'). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Disclaimer
THE SITE AND THE CONTENT ARE PROVIDED ON AN 'AS-IS' and 'AS AVAILABLE' BASIS AND YOU USE THIS SITE AT YOUR OWN RISK.

Xtranormal MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF Xtranormal OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE NOR WILL THEY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE (OR INABILITY TO USE) THE SITE, THE CONTENT, THE INFORMATION ON OR AVAILABLE THROUGH THIS SITE, OR ARISING OUT OF ANY INFORMATION AVAILABLE ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Xtranormal IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIM AGAINST Xtranormal, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE ON IT.

Indemnity
Despite and in addition to any other requirements under these Terms of Service that you make any payments to any third party as a result of the use of your password or account, you agree to indemnify and hold harmless Xtranormal, its directors, officers, employees, agents, and licensors from and against all losses, expenses, damages, claims, fines, penalties and costs, including reasonable legal and accounting fees, resulting from any alleged violation of these Terms of Service or the Site’s Privacy Policy or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Account.

Modification or Interruption of Service
Xtranormal reserves the right to modify, interrupt or discontinue the Service with or without notice for any reason or no reason and you agree that Xtranormal will not be liable for any modification, interruption or suspension of the Service or reimbursement of any fee. We reserve the right to modify these Terms of Service or the policies regarding the use of our Website at any time and to notify you by posting an updated version of the Terms of Service on this Website. Your continued use of the Service or the Site after any such changes shall constitute your acceptance of the new Terms of Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

Active Participation; Storage and Bandwidth Limits
Xtranormal reserve the right to cancel accounts not used at least once every 180 days, limit the amount of Content allowed to be uploaded to the Service or limit the maximum bandwidth that may be utilized each day. We may change these limits at our sole discretion upon providing you with notice and if they are consistently exceeded, we may refuse to accept and/or remove any Content, or we may suspend certain functions of the Service for your Account.

Account Cancellation
Accounts may be cancelled by contacting us via http://support.xtranormal.com/tickets/new. Upon approval of your cancellation, your Account will be cancelled within 24 hours. There will be no refund for any prepaid fees or for any portion of the Service.

Termination
Xtranormal, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) and remove and discard any Content within the Site at any time. You agree that any termination may be effected without prior notice and that Xtranormal shall not be liable to you or any third-party for any termination of your access to the site and removal of Content.

General
This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, and the laws of Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the courts of the Province of Quebec, located in Montreal, Quebec, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

For non-Canadian residents
You certify that you are not resident in Canada for purposes of the Excise Tax Act. Where applicable, you agree to advise Xtranormal of any change to your residence status for purposes of the Excise Tax Act.

Notice and Procedure for Making Claims of Copyright Infringement
Xtranormal will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ('DMCA'). If you believe any material available via the Site infringes a copyright, you should notify us using the procedure for claimed infringement under the DMCA to our designated agent as follows:

DMCA Complaints
Xtranormal Inc.
222 Sutter Street, Suite 450
San Francisco, CA 94108

“XTRANORMAL FOR BUSINESS” TERMS OF SERVICE

This document is an addendum to the Xtranormal Terms of Service Agreement intended for Commercial Users using Xtranormal’s Business website ("Commercial User"). Use of your Commercial account will indicate you have read and agree to both Xtranormal’s Terms of Service Agreement and this addendum (together the “Agreement”).

Xtranormal business website is located at the URL (www.xtranormal.com/biz/), as a Commercial User, you have agreed to pay fees outlined on the site to Xtranormal for your use of the site for commercial purposes.

This Agreement, together with the (non-commercial) Xtranormal's Site Terms of Service and the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto. To the extent the terms of this Agreement are inconsistent with Xtranormal's Site Terms of Service, applicable to all Users of the Site, the terms of this Agreement shall prevail.

You must be 18 years of age or older to be a Commercial User of the Site. You warrant that you are at least 18 years old and you have the authority to enter into these Commercial Terms of Service. If you do not agree with these Commercial Terms of Service, you must immediately stop using the Business Site.

This Commercial Terms of Service Agreement was last updated on Oct 18th, 2011. We reserve the right, at any time, to modify the Site and/or the terms of this Agreement without prior notice. Your continued use of the Site as a Commercial User after modifications are posted will be considered an acceptance of the modified Commercial Terms of Service.

Description of Services

The Site is owned and operated by Xtranormal Inc., a Delaware Corporation with a place of business at 222 Sutter Street, Suite 450, San Francisco, CA 94108 USA . The Site provides Users with the ability to create a video ("Xtranormal Video") using Xtranormal’s Proprietary Technology. You understand and agree that although we will use reasonable efforts to ensure the Site is available, temporary interruptions of the services available through the site may occur. The services available on the site are provided "AS IS" and Xtranormal is not liable to you for any temporary interruption in services.

Registration Data, Passwords, Privacy and Individual Use

By registering with us, you agree that all information provided during registration is true and accurate and you will update this information in order to keep it current, complete and accurate. During the registration process, you will be asked to select a password for your Commercial User account and you agree to keep your password confidential at all times. The password and your Commercial User account are for your individual use only, and are not to be shared with employees, coworkers, friends or family.

Xtranormal may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect your account is being used by more than one individual. You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify Xtranormal immediately if you learn of an unauthorized use of your password.

All information we obtain about you in connection with your use of the Site is subject to our Privacy Policy, which is incorporated by reference into these Commercial Terms of Service.

Payment of Fees and Term

You have agreed to pay fees to Xtranormal for your use of the Site and display of any created Xtranormal Videos for commercial purposes ("Fees"). Your use of the site and any Xtranormal Videos created from it is limited to acceptable commercial purposes as defined herein, or as specified by Xtranormal on its site ("Scope of Use"), and is subject to your compliance with these terms and payment of the Fees.

All Fees paid are nonrefundable. If you desire to use the site or an Xtranormal Video for commercial purposes that are different from or beyond the Scope of Use, you must obtain written permission from Xtranormal, and your use for such purposes beyond the Scope of Use may be conditioned upon payment of additional fees.

Xtranormal will only continue to offer the Movie Making service, maintain any work in progress and host your Xtranormal Videos whilst your account is open and the applicable Fees are paid ("Term") and you understand and agree that in the event your status as Commercial User is terminated or interrupted for any reason, including but not limited to the expiration of the Term and/or your failure to renew a new Term, that your ability to use the service and access any work in progress or hosted Xtranormal Videos will be disabled.

If you wish to acquire the perpetual rights to use and display a created Xtranormal Video within the Scope of Use, even after your user account is terminated, you may download the Xtranormal Video and host it elsewhere by paying any appropriate fee. Note, however, that you are responsible for ensuring your use is in compliance with applicable laws, rules and regulations, and Xtranormal is not responsible for payments to third parties arising from such use, such as payments to Performance Rights Organizations.

In the event you renew your status as a Commercial User within three (3) months of the date of termination, for whatever reason, the service will be resumed and any works in progress or previously created Xtranormal Videos will again be available. If you do not renew within the three (3) month period, then any previously created work hosted by Xtranormal will be lost.

License for commercial use and scope of use

Xtranormal is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law.

As a Commercial User, you are granted a limited, non-exclusive, revocable, non-transferable right to create, display, use, play and download Xtranormal Videos during the Term and within the Scope of Use:

(1) "Business" account holders, may use Xtranormal Videos for commercial purposes, such as training, communication or marketing but may not incorporate or resell the videos in any product or service for financial or pecuniary gain.

(2) "Reseller" account holders, may use Xtranormal Videos for commercial purposes as in (1) above and may also distribute, sell or incorporate Xtranormal Videos in a product or service that is resold for financial or pecuniary gain.

Commercial Users may remove the Xtranormal watermark, but must refrain from taking any measures to inhibit display of Xtranormal's trademarks, logos, icons, or notices, if such items are contained in any pre or post-roll.

Commercial users may not use Xtranormal Videos for Broadcast Television purposes without prior written consent.

Xtranormal's trademarks and/or service marks may not be used in connection with any product or service that is not provided by Xtranormal, in any manner that is likely to cause confusion among customers or users of the Site, tarnishes or dilutes the marks, or disparages or discredits Xtranormal.

Please note that if you want to create a video, post it on YouTube to benefit from their advertising revenue sharing program you do not need a “Business” or “Reselling” account.

User content

Xtranormal deeply respects the third party intellectual property rights that may be implicated in creating an Xtranormal Video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.

In creating a Video using Xtranormal’s Business website, you will be able to upload and use your own Image Content such as photos, graphics, text, or video segments and your own Audio Content such as music and recorded voices. Both Image and Audio Content have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Your Image and Audio Content.

Image Content may be protected by copyright, even if not marked with the © symbol and if you are not the owner, then you must get permission from the creator, the copyright holder or the individuals portrayed in the Image Content to use it in an Xtranormal Video. Do not upload any Image Content that is confidential or proprietary and Xtranormal assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to the Site.

Audio Content that is not an original creation by you is also protectable under copyright laws. Copying music or voices without purchasing or obtaining the rights is against the law. When uploading Audio Content, you must be sure that you have the permission to use it in an Xtranormal Video prior to doing so. If you are unsure as to whether you have the permission to use Audio Content within the Scope of Use, then you should use Audio Content made available to you for commercial purposes by Xtranormal.

You warrant that all Content, including Image and Audio Content, uploaded by you, either from your own computer or another website/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to (a) use the Content to create and display an Xtranormal Video as you intend and within the Scope of Use; (b) use the Content as contemplated by the Site and your Scope of Use, and (c) to grant Xtranormal the rights described herein. Please be aware that your use of the Content may be interpreted as a use for commercial purposes pursuant to copyright laws. Even if you believe you have certain rights to use third party Content, you should ensure that you have the appropriate rights to use such Content for commercial purposes and within the Scope of Use. We cannot and do not intend to provide you legal advice or assistance regarding acquisition of appropriate intellectual property rights. If you are unsure as to whether you have the appropriate rights to use the Content within your Scope of Use, you should consult an attorney.

You hereby grant to Xtranormal a royalty-free, perpetual license to use, copy, create, modify, display and host your Xtranormal Video, Image Content, and Musical Content solely to the extent necessary for Xtranormal to provide the Services as described herein.

All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.

Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a Commercial User or User of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), Xtranormal designates the following individual as its agent for receipt of notifications of claimed infringement:

By Mail:

DMCA Complaints
Xtranormal Inc.
222 Sutter Street, Suite 450
San Francisco, CA 94108

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove or disable the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Notices

All notices to a Commercial User or to Xtranormal shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at support@xtranormal.zendesk.com, if by email, or by conventional mail at Xtranormal Inc., 222 Sutter Street, Suite 450, San Francisco, CA 94108 USA. Notices to you may be sent to the email address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Miscellaneous

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that this Agreement may be assigned by Xtranormal, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

Any attempt to modify or supplement the terms of this Agreement, the Site Terms of Service, and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.

Any failure by us to enforce or exercise any provision of these Commercial Terms of Service or related rights shall not constitute a waiver of that right or provision.

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.