1. Acceptance of Terms
3. Description of the Service
4. Your Registration Obligations
You may not (i) select or use as a navi-xtreme User ID a name of another person with the intent to impersonate that person; (ii) use as a navi-xtreme User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a navi-xtreme User ID a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel a navi-xtreme User ID at our discretion; if you select a User ID for your account we reserve the right to remove or reclaim it if we believe it infringes upon another’s rights or marks. You are responsible for maintaining the confidentiality of your navi-xtreme password.
Mass or serial account creation: while there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
5. User Conduct
By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other navi-xtreme users;
- to post any content that is infringing, libelous, defamatory, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobia, ethnic slurs or religious intolerance;
- to post any content that is obscene or pornographic without indicating its nature by checking the box labeled, “This list contains adult content”;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any navi-xtreme user;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- to submit posts, comments, or playlist entries linking to multi-level marketing schemes
- with the intention of artificially inflating or altering the view count, comments, or any other navi-xtreme service, including by way of creating separate user accounts for the purpose of artificially altering navi-xtreme’s services; giving or receiving money or other remuneration in exchange for playlist views; or participating in any other organized effort that in any way artificially alters the results of navi-xtreme’s services;
- attempt to impersonate another user or person;
- sell or otherwise transfer your profile.
In addition, you agree that you will not use the Service on behalf of (or per the request or instruction of) any third party, or pay or otherwise attempt to influence any third to manipulate or otherwise affect the site in any manner.
You are solely responsible for your interactions with other users of the Site. navi-xtreme reserves the right, but has no obligation, to monitor disputes between you and other users.
6. Content submitted or made available for inclusion on the service
By creating and posting content to navi-xtreme, you warrant that you own all rights to the content, agree that the content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/publicdomain/zero/1.0/ and that you will not object to the use of the content by navi-xtreme in any context. To clarify, the above does not apply to the content on external sites linked to by the original submission.
7. Copyright Complaints
Navi-xtreme respects the intellectual property of others. It is navi-xtreme’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, navi-xtreme may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Navi-xtreme will terminate access for subscribers and account holders who are repeat infringers.
Notifying navi-xtreme of Copyright Infringement: To provide navi-xtreme notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Providing navi-xtreme with Counter-Notification: If you feel that your material does not constitute infringement, you may provide navi-xtreme with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
With the exception of activating your account, your e-mail address will not be given to anyone or used for anything, ever.
10. Warranty Disclaimers
You acknowledge that navi-xtreme has no control over, and no duty to take any action regarding: which users gain access to the Site or use 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 navi-xtreme from all liability for you having acquired or not acquired content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. navi-xtreme makes no representations concerning any content contained in or accessed through the Site or Services, and navi-xtreme will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE 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 OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Links and Merchandise
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because navi-xtreme has no control over such sites and resources, you acknowledge and agree that navi-xtreme is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that navi-xtreme shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Neither navi-xtreme nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold by others on or through the Site. Transactions for any such item shall be between the user and the third party seller, without any involvement of navi-xtreme or its third party service providers. You agree that navi-xtremeand its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, or sold by others on or through the Site, including illegal, offensive or illicit items, or items that violate this Agreement.
12. Limitation of Liability
In no event shall navi-xtreme or its suppliers be liable under contract, tort or strict liability, negligence or other legal theory (i) with respect to the Site, the Service or any content for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any direct damages in excess of (in the aggregate) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.