Terms of Service.
PLEASE READ THESE TERMS OF SERVICE (COLLECTIVELY WITH EXCELSIOR MEDIA’S PRIVACY POLICY AND http://www.copyright.gov/legislation/dmca.pdf, THE “TERMS OF SERVICE”) FULLY AND CAREFULLY BEFORE USING WWW.EXCELSIORMEDIA.COM (THE “SITE”. THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE, THE APPLICATIONS AND THE SERVICES.
YOUR RIGHT TO USE THE SERVICES IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THESE TERMS OF SERVICE. BY CLICKING USING THE SERVICES, YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS OF SERVICE, YOU MUST MAY NOT ACCESS OR USE THE SERVICES OR THE SITE IN ANY MANNER FOR ANY PURPOSE.
These Terms of Services were last updated on July 7, 2017. It is effective between Excelsior Media and you as of the date you accept these Terms of Service.
The following terms and conditions govern all use of the ExcelsiorMedia.com website and all content, services and products available through the website, including, but not limited to, the Excelsior Media client area (collectively referred to as the Site).
The Site is owned and operated by Excelsior Media Corp.. The Site 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, Excelsior Media's Privacy Policy) and procedures that may be published from time to time on this Site by Excelsior Media (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the web site, 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 Site or use any services. If these terms and conditions are considered an offer by Excelsior Media, acceptance is expressly limited to these terms. Excelsior Media is available only to individuals who are at least 18 years old.
Client area account
You are responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Excelsior Media of any unauthorized uses of your account or any other breaches of security. Excelsior Media will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Payment
The Site offers numerous products and services for sale. The Site does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy.
Refunds
Unless otherwise specified, software and services provided by Excelsior Media.com are not returnable or refundable after purchase. Subscription based services may be canceled at any time, but we can only refund subscriptions that are active and have not ended/expired.
Responsibility of website visitors
By operating the Site, Excelsior Media does not represent or imply that it endorses any or all of the contributed content, 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 Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Excelsior Media disclaims any responsibility for any harm resulting from the use by visitors of the Site.
Copyright infringement and DMCA policy
As Excelsior 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 the Site violates your copyright, you are encouraged to notify Excelsior Media in accordance with common DMCA policies. Excelsior 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 Excelsior Media or others, Excelsior Media may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, Excelsior Media will have no obligation to provide a refund of any amounts previously paid to Excelsior Media.
Intellectual property
This Agreement does not transfer from Excelsior Media to you any Excelsior 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 Excelsior Media. Excelsior Media logo, and all other trademarks, service marks, graphics and logos used in connection with Excelsior Media, or the Site are trademarks or registered trademarks of Excelsior Media or Excelsior Media's licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Excelsior Media or third-party trademarks.
Changes
Excelsior 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 Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Excelsior Media may also, in the future, offer new services and/or features through the Site (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
Excelsior Media may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by Excelsior Media if you materially breach this Agreement and fail to cure such breach within 14 (fourteen) days from Excelsior Media's notice to you thereof; provided that, Excelsior Media can terminate the Site 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 Site is provided "as is". Excelsior Media and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Excelsior Media nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
Limitation of liability
In no event will Excelsior 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 Excelsior Media under this agreement during the six (6) month period prior to the cause of action. Excelsior 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 Site will be in strict accordance with the Excelsior 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 (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Excelsior 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 Site, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Excelsior Media and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Excelsior Media, or by the posting by Excelsior Media of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Nevada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Excelsior Media may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Headings
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation
Contact
You may contact us at the following address: termsofservice@excelsiormedia.com
Effective Date of Terms of Service
July 7, 2017.
YOUR RIGHT TO USE THE SERVICES IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THESE TERMS OF SERVICE. BY CLICKING USING THE SERVICES, YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS OF SERVICE, YOU MUST MAY NOT ACCESS OR USE THE SERVICES OR THE SITE IN ANY MANNER FOR ANY PURPOSE.
These Terms of Services were last updated on July 7, 2017. It is effective between Excelsior Media and you as of the date you accept these Terms of Service.
The following terms and conditions govern all use of the ExcelsiorMedia.com website and all content, services and products available through the website, including, but not limited to, the Excelsior Media client area (collectively referred to as the Site).
The Site is owned and operated by Excelsior Media Corp.. The Site 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, Excelsior Media's Privacy Policy) and procedures that may be published from time to time on this Site by Excelsior Media (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the web site, 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 Site or use any services. If these terms and conditions are considered an offer by Excelsior Media, acceptance is expressly limited to these terms. Excelsior Media is available only to individuals who are at least 18 years old.
Client area account
You are responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Excelsior Media of any unauthorized uses of your account or any other breaches of security. Excelsior Media will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Payment
The Site offers numerous products and services for sale. The Site does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy.
Refunds
Unless otherwise specified, software and services provided by Excelsior Media.com are not returnable or refundable after purchase. Subscription based services may be canceled at any time, but we can only refund subscriptions that are active and have not ended/expired.
Responsibility of website visitors
By operating the Site, Excelsior Media does not represent or imply that it endorses any or all of the contributed content, 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 Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Excelsior Media disclaims any responsibility for any harm resulting from the use by visitors of the Site.
Copyright infringement and DMCA policy
As Excelsior 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 the Site violates your copyright, you are encouraged to notify Excelsior Media in accordance with common DMCA policies. Excelsior 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 Excelsior Media or others, Excelsior Media may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, Excelsior Media will have no obligation to provide a refund of any amounts previously paid to Excelsior Media.
Intellectual property
This Agreement does not transfer from Excelsior Media to you any Excelsior 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 Excelsior Media. Excelsior Media logo, and all other trademarks, service marks, graphics and logos used in connection with Excelsior Media, or the Site are trademarks or registered trademarks of Excelsior Media or Excelsior Media's licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Excelsior Media or third-party trademarks.
Changes
Excelsior 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 Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Excelsior Media may also, in the future, offer new services and/or features through the Site (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
Excelsior Media may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by Excelsior Media if you materially breach this Agreement and fail to cure such breach within 14 (fourteen) days from Excelsior Media's notice to you thereof; provided that, Excelsior Media can terminate the Site 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 Site is provided "as is". Excelsior Media and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Excelsior Media nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
Limitation of liability
In no event will Excelsior 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 Excelsior Media under this agreement during the six (6) month period prior to the cause of action. Excelsior 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 Site will be in strict accordance with the Excelsior 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 (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Excelsior 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 Site, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Excelsior Media and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Excelsior Media, or by the posting by Excelsior Media of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Nevada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Excelsior Media may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Headings
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation
Contact
You may contact us at the following address: termsofservice@excelsiormedia.com
Effective Date of Terms of Service
July 7, 2017.