Terms & Conditions

Important Information

 

You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.

 

Introduction

 

The following terms and conditions govern all use of the Xertain Media website and all content, services, and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Xertain Media privacy policy).

 

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Xertain Media, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

 

Ownership

 

You do not claim intellectual property right or exclusive ownership to any of our products, modified or unmodified. All products are property of Xertain Media. Our products are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our company be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.

 

Responsibility of Contributors

 

If you operate a website, comment on a website, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, ‘Content’), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

 

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
• your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Xertain Media or otherwise.

 

By submitting Content to Xertain Media for inclusion on your Website, you grant Xertain Media a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, Xertain Media will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

 

Without limiting any of those representations or warranties, Xertain Media has the right (though not the obligation) to, in Xertain Media’s sole discretion (i) refuse or remove any content that, in Xertain Media’s reasonable opinion, violates any Xertain Media policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Xertain Media’s sole discretion. Xertain Media will have no obligation to provide a refund of any amounts previously paid.

 

Responsibility of Website Visitors

 

Xertain Media has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Xertain Media does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Xertain Media disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

 

Content Posted on Other Websites

 

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and WebPages to which Xertain Media links, and that link to Xertain Media. Xertain Media does not have any control over those non-Xertain Media websites and WebPages, and is not responsible for their contents or their use. By linking to a non-Xertain Media website or webpage, Xertain Media does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Xertain Media disclaims any responsibility for any harm resulting from your use of non-Xertain Media websites and WebPages.

 

Copyright Infringement and DMCA Policy

 

As Xertain Media asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Xertain Media violates your copyright, you are encouraged to notify Xertain Media. Xertain Media will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Xertain Media or others, Xertain Media may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Xertain Media will have no obligation to provide a refund of any amounts previously paid to Xertain Media.

 

Intellectual Property

 

This Agreement does not transfer from Xertain Media to you any Xertain Media or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Xertain Media. Xertain Media, www.xertainmedia.com, the Xertain Media logo, and all other trademarks, service marks, graphics and logos used in connection with Xertain Media, or the Website are trademarks or registered trademarks of Xertain Media or Xertain Media’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Xertain Media or third-party trademarks.

 

Changes

 

Xertain Media reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Xertain Media may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

 

Termination

 

Xertain Media may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Xertain Media account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Xertain Media if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Xertain Media’s notice to you thereof; provided that, Xertain Media can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Disclaimer of Warranties

 

The materials on Xertain Media’s website are provided “as is”. Xertain Media makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Xertain Media does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

 

Limitation of Liability

 

In no event will Xertain Media, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Xertain Media under this agreement during the twelve (12) month period prior to the cause of action. Xertain Media shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

General Representation and Warranty

 

You represent and warrant that (i) your use of the Website will be in strict accordance with the Xertain Media Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

Indemnification

 

You agree to indemnify and hold harmless Xertain Media, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.

 

Site Terms of Use Modifications

 

Xertain Media may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.