A. By using and/or visiting this website (collectively, including all content and functionality available through the Exentriq.com domain name), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Exentriq's privacy notice, found at privacy page and incorporated here by reference. If you do not agree to any of these terms, or the Exentriq privacy notice, please do not use the Exentriq platform.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version Terms. Exentriq may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the Exentriq Platform, including users who are also contributors of content such as images videos and documents, information, and other materials or services on the Exentriq Platform. The Exentriq Platform includes all aspects of Exentriq, including but not limited to all products, software and services offered via the website such as the Exentriq channels, the Exentriq "Embeddable Player," and other applications.
B. The Exentriq Platform may contain links to third party websites that are not owned or controlled by Exentriq. Exentriq has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Exentriq will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Exentriq from any and all liability arising from your use of any third-party website.
A. In order to access some features of the Exentriq Platform, you will have to create a Exentriq account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Exentriq immediately of any breach of security or unauthorized use of your account.
B. Although Exentriq will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Exentriq or others due to such unauthorized use.
Exentriq hereby grants you permission to access and use the Platform as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Platform, without Exentriq's prior written authorization.
B. You agree not to alter or modify any part of the Exentriq Platform,
C. You agree not to access Content through any technology or means other than explicitly authorized means Exentriq may designate.
D. Prohibited commercial uses do not include:
D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Exentriq servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Exentriq grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Exentriq reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Exentriq Platform, nor to use the communication systems provided by the Exentriq Platform (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users and to use Exentriq Communication services only with contacts you fully own and have opted-in to receive communications from you.
F. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Exentriq Community Guidelines, and all applicable local, national, and international laws and regulations.
G. Exentriq reserves the right to discontinue any aspect of the Exentriq Service at any time.
A. As an Exentriq account holder you may submit video content ("User Videos") and Content, such as Images documents, audio files and other digital items ("User Contents"). User Videos and User Contents are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Exentriq does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Exentriq to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Exentriq, you hereby grant Exentriq a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Exentriq Platform and Exentriq's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Exentriq Platform (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Exentriq Platform a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Exentriq Service. You understand and agree, however, that Exentriq may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not 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 Exentriq all of the license rights granted herein.
E. Exentriq does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Exentriq expressly disclaims any and all liability in connection with User Submissions. Exentriq does not permit copyright infringing activities and infringement of intellectual property rights on its platform, and Exentriq will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Exentriq reserves the right to remove Content and User Submissions without prior notice.
A. Exentriq will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Exentriq reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Exentriq may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
YOU AGREE THAT YOUR USE OF THE EXENTRIQ PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EXENTRIQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. EXENTRIQ 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 (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (V) 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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Exentriq PLATFORM. EXENTRIQ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EXENTRIQ PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EXENTRIQ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL EXENTRIQ , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM , (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FLIGGO WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Exentriq SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Exentriq Platform is controlled and offered by Exentriq from its facilities in the United Kingdom. Exentriq makes no representations that the Exentriq Platform is appropriate or available for use in other locations. Those who access or use the Exentriq Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Exentriq , its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Exentriq Platform; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Exentriq Platform.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or Exentriq consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Exentriq Platform is not intended for children under 13. If you are under 13 years of age, then please do not use the Exentriq Platfrom. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Exentriq without restriction.
You agree that: (i) the Exentriq Platform shall be deemed solely based in United Kingdom; and (ii) the Exentriq Platform shall be deemed a passive website that does not give rise to personal jurisdiction over Exentriq, either specific or general, in jurisdictions other than United Kingdom. These Terms of Service shall be governed by the internal substantive laws of the Commonwealth , without respect to its conflict of laws principles. Any claim or dispute between you and Exentriq that arises in whole or in part from the Exentriq Platform shall be decided exclusively by a court of competent jurisdiction. These Terms of Service, together with the Privacy Notice at privacy and any other legal notices published by Exentriq on the Website, shall constitute the entire agreement between you and Exentriq concerning the Exentriq Platform. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Exentriq's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Exentriq reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Exentriq Platform following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EXENTRIQ PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED