Terms
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Terms and Conditions
Last Updated: 03/28/2018This website and any mobile application (collectively,
this "Site") is owned by XeriMediaGroup ("We",
"Us" or "XeriMediaGroup"). We are providing you with access
to this Site and our online store (together, our "Services") subject
to the following terms and conditions. By browsing, accessing, using,
registering for or purchasing merchandise on this Site or otherwise using our
Services, you are agreeing to all of the following terms and conditions,
including any policies referred to herein (collectively, these
"Terms"). So, please read these Terms carefully. We reserve the right
to change this Site and these Terms at any time. If you are unwilling to be
bound by these Terms, you should not browse, access, use, register for or
purchase merchandise from the Site. You represent and warrant that you are at
least 18 years old or visiting this Site under the supervision of a parent or
guardian.Privacy Policy
Our Privacy Policy, which also governs your visit to Our Site, can be found at https://xeriartz.com/policy.
Please review our Privacy Policy for information on how We collect, use and
share information about our users.Use of This Site
Subject to your compliance with these Terms, We grant you a limited,
non-exclusive, non-transferable, non-sublicensable license to access and make
personal, non-commercial use of this Site. This license grant does not include:
(a) any resale or commercial use of this Site or content therein; (b) the
collection and use of any product listings or descriptions; (c) making
derivative uses of this Site and its contents; or (d) use of any data mining,
robots, or similar data gathering and extraction methods on this Site. You may
not use, frame or utilize framing techniques to enclose any of Our trademark,
logo, content or other proprietary information (including the images found at
this Site, the content of any text or the layout/design of any page or form
contained on a page) without Our express written consent. Further, you may not
use any meta tags or any other "hidden text" utilizing Our name,
trademark, or product name without Our express written consent. Any breach of
these Terms shall result in the immediate revocation of the license granted in
this paragraph without notice to you. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the homepage of this Site so long
as the link does not portray Us or Our products or services in a false,
misleading, derogatory, or otherwise offensive matter. This limited right may be
revoked at any time. You may not use any of Our logos or other proprietary
graphics or trademarks as part of the link without express written permission.Account
In order to access some features of this Site, you may be required to register
and We may assign to you, or you may be required to select, a password and user
name or account identification. If you register, you agree to provide Us with
accurate and complete registration information, and to inform us immediately of
any updates or other changes to such information. You are solely responsible
for protecting the security and confidentiality of the password and
identification assigned to you. You shall immediately notify Us of any
unauthorized use of your password or identification or any other breach or
threatened breach of this Site's security. Each time you use a password or
identification, you will be deemed to be authorized to access and use the Site
in a manner consistent with these Terms, and We have no obligation to
investigate the authorization or source of any such access or use of this Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE
USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO,
YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED
BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND
ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED
THROUGH SUCH ACCESS OR USE.Electronic Communication
When you use this Site, or send emails to Us, you are communicating with Us
electronically. You consent to receive communications from Us electronically.
We will communicate with you by e-mail or by posting notices on this Site or
through our other services. You agree that all agreements, notices, disclosures
and other communication that We provide to you electronically satisfy any legal
requirements that such communications be in writing.User Content
This Site may include features and functionality ("Interactive Features")
that allows users to create, post, transmit or store any content, such as text,
music, sound, photos, video, graphics or code on the Sites ("User
Content"). User Content is publicly-viewable and may include your profile
information and any content you post pursuant to your profile, but it does not
include your account information or information you submit in order to make a
purchase. You agree that you are solely responsible for your User Content and
for your use of Interactive Features, and that your use any Interactive
Features at your own risk. By using any Interactive Areas, you agree not to
post, upload to, transmit, distribute, store, create or otherwise publish or
send through the Sites any of the following:User Content that is unlawful, libelous,
defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing,
threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or
provide instructions for a criminal offense, violate the rights of any
party or that would otherwise create liability or violate any local,
state, national or international law;
User Content that displays, describes or
encourages usage of any product We sell in a manner that could be
offensive, inappropriate or harmful to Us or any user or consumer;
User Content that may impinge upon or violate the
publicity, privacy or data protection rights of others, including
pictures, videos, images or information about another individual where you
have not obtained such individual's consent;
User Content that makes false or misleading
statements, claims or depictions about a person, company, product or
service;
User Content that may infringe any patent,
trademark, trade secret, copyright or other intellectual or proprietary
right of any party;
User Content that impersonates any person or
entity or otherwise misrepresents your affiliation with a person or
entity; and
Viruses, malware of any kind, corrupted data or
other harmful, disruptive or destructive files or code.Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate
agreement with Us, We claim no ownership or control over any User Content.
However, by submitting or posting User Content on this Site, you grant to Us a
nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable,
and fully sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display such
User Content on this Site and on third-party sites and mobile applications and
in all other media or formats, whether currently known or hereafter developed,
for any purpose and without any compensation to you. You also grant users of
this Site the right to access your User Content in connection with their use of
this Site. By posting User Content to this Site, you represent and warrant that
(a) such User Content is non-confidential; (b) you own and control all of the
rights, title and interest in and to the User Content or you otherwise have all
necessary rights to post and use such User Content to this Site and to grant to
Us the rights that you grant in these Terms; (c) the User Content is accurate
and not misleading or harmful in any manner; and (d) the User Content, and your
use and posting thereof in connection with this Site, do not and will not
violate these Terms or any other of Our applicable terms, guidelines or
policies or any applicable law, rule or regulation.Feedback
Separate and apart from User Content, you may have the ability to submit
questions, comments suggestions, reviews, ideas, plans, designs, notes,
proposals, drawings, original or creative materials and other information
regarding this Site, Us and our products or services (collectively
"Feedback"). You agree that Feedback is non-confidential and shall
become Our sole property. We shall own exclusive rights, including all
intellectual property rights, in and to such Feedback and shall be entitled to
the unrestricted use and dissemination of the Feedback for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or
entity using your password and identification to):download, modify, reproduce, adapt, translate,
reverse engineer, create derivative works based upon, publicly display,
sell, rent, license, or in any way commercially exploit any portion of
this Site, except and to the extent expressly permitted under these Terms;
remove any copyright, trademark or other
proprietary rights notice contained in or on the Site;
use any robot, spider, site search/retrieval
application, or other device to retrieve or index any portion of this
Site;
collect any information about other users
(including usernames and/or email addresses) for any purpose other than to
solicit and/or share reviews with other users;
reformat or frame any portion of any Web pages
that are part of this Site;
create user accounts by automated means or under
false or fraudulent pretenses;
create or transmit to other users unsolicited
electronic communications, such as "spam," or otherwise
interfere with other users' enjoyment of the Site;
submit to this Site any content that falsely
states or implies that such content is sponsored or endorsed by us;
transmit or upload to this Site any item
containing or embodying any virus, worm, defect, malware, Trojan horse,
software bomb or other feature designed to damage or degrade in any manner
the performance of this Site, any other Web site, or any computer or other
device or system, or the enjoyment of this Site by any user;
use this Site to violate the security of or gain
unauthorized access to any computer or computer network or other device or
system (including unauthorized attempts to discover passwords or security
encryption codes);
submit to this Site any content that is unlawful
or facilitates, constitutes, promotes or encourages illegal activity; or
otherwise use the Site to transfer or store illegal material, including
any material deemed threatening or obscene;
copy or store any User Content offered on this
Site other than for your personal, non-commercial use;
take any action that imposes, or may impose, in
our sole discretion, an unreasonable or disproportionately large data or
traffic load on this Site or the IT infrastructure used to operate and
make this Site available; or
use this Site and/ or any User Content,
intentionally or unintentionally, to violate any applicable local, state,
federal or international law.We have no obligation
to monitor any user conduct on this Site, and We reserve the right and have
absolute discretion to monitor any user conduct on this Site at any time and
for any reason without notice.Ownership
As between you and Us, this Site, including all photographs, images, text,
graphics, icons, audio clips, software, source code and other aspects thereof
(excluding User Content), all improvements or modifications thereof, all
derivative works based thereon, and the collection, arrangement, and assembly
of this Site (collectively, the "Site Content"), including all
copyrights, trademarks, and other intellectual property or proprietary rights
in the foregoing, are owned by Us or our licensors and protected by applicable
copyright laws. The use of any of Our trademarks or service marks without our
express written consent is strictly prohibited. You may not use our trademarks
or service marks in connection with any product or service in any way that is
likely to cause confusion. You may not use our trademarks or service marks in
any manner that disparages or discredits us. You may not use any of our
trademarks or service marks in meta tags without prior explicit consent.
Nothing in these Terms shall be deemed to grant to you or any other user any
license or right in or to any of Our patents, copyrights, trademarks, trade
secrets or other proprietary rights.Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our
option, be conducted electronically from start to finish. If We decide to
proceed non-electronically, those transactions will still be governed by the
remainder of these Terms unless you enter into different terms provided by us.
You are responsible to print or make an electronic a copy of these Terms and
any other contract or disclosure that we are required to provide to you. The
risk of loss and title for items purchased by you on this Site pass to you upon
our delivery of the items to the carrier pursuant to a shipment contract. We
charge sales tax for merchandise ordered on this Site based on the applicable
state sales tax rate of the location to which the order is being shipped. When
We ship to you or per your directions to another person, you agree to pay the
shipping and any handling charges shown on this Site when your order is placed.
We reserve the right to increase, decrease and add or eliminate charges from
time to time and without prior notice, so you agree to check all charges before
placing an order or signing up for a service. Any shipping or handling charges
may or may not reflect actual costs. Only valid credit cards or other payment
method acceptable to us may be used. By submitting your order, you represent
and warrant that you are authorized to use the designated card or method and
authorize us to charge your order (including taxes, shipping, handling and any
other amounts described on the Sites) to that card or other method. If the card
(or other method) cannot be verified, is invalid, or is not otherwise
acceptable, your order may be suspended or cancelled automatically. All returns
are governed by our Return Policy, which can be found at https://xeriartz.com/policy.
We attempt to be as accurate as possible and eliminate errors on this Site;
however, We do not warrant that any product, service, description, photograph,
pricing or other information is accurate, complete, reliable, current or
error-free. In the event of an error, whether on this Site, in an order
confirmation, in processing an order, delivering a product or service or otherwise,
We reserve the right to correct such error and revise your order accordingly if
necessary (including charging the correct price) or to cancel the order and
refund any amount charged. Your sole remedy in the event of such error is to
cancel your order and obtain a refund. All items are subject to availability
and We reserve the right to impose quantity limits on any order, to reject all
or part of an order and to discontinue products or services without notice,
even if you have already placed your order. All prices are subject to change
without notice. We reserve the right to refuse or cancel any orders placed for
products and/or services which the sale or use of such product and/or service
in your state or jurisdiction is restricted or prohibited.Links
This Site may contain links to other sites on the Internet that are owned and
operated by third parties. You acknowledge that We are not responsible for the
operation of or content located on or through any such site.Termination
You may terminate the Terms at any time by closing your account, discontinuing
your use of this Site and providing Us with a notice of termination. We reserve
the right, without notice and in our sole discretion, to terminate your right
to use this Site, or any portion of this Site, and to block or prevent your
future access to and use of this Site or any portion of this Site.Indemnification
To the fullest extent permitted by applicable law, you agree to defend,
indemnify and hold harmless Us and our subsidiaries and affiliates, and our
respective officers, directors, agents, partners, members, employees,
independent contractors, service providers and consultants ("Our Related
Parties"), from and against any claims, damages, costs, liabilities and
expenses (collectively, "Claims") arising out of or related to (a)
your access to and use or misuse of this Site; (b) any User Content you post,
upload, use, distribute, store or otherwise transmit on or through this Site;
(c) any Feedback that you provide; (d) your violation of these Terms; and (e)
your violation of any rights of another. You agree to promptly notify Us of any
third party Claims, cooperate with Us in defending such Claims and pay all
fees, costs and expenses associated with defending such Claims (including but
not limited to attorneys' fees). You further agree that the We shall have the
right to control of the defense or settlement of any third party Claims.Disclaimers
Except as expressly provided, this Site, including all Site Content, and
services provided on or in connection with this Site are provided on an
"AS IS" and "WITH ALL FAULTS" basis without
representations, warranties or conditions of any kind, either express or
implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND
DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B)
CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not
represent or warrant that this Site is accurate, complete, reliable, current or
error-free. We do not represent or warrant that this Site or our servers are
free of viruses or other harmful components.Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any
breach of warranty shall be your right to return the product, or receive a
refund for the service under Our applicable returns and exchanges policies. IN
NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF
BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR
IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE
PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED
THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS
PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS
NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.Remedies
You agree that our remedy at law for any actual or threatened breach of these
Terms would be inadequate and that we shall be entitled to specific performance
or injunctive relief, or both, in addition to any damages that we may be
legally entitled to recover, together with reasonable expenses of any form of
dispute resolution, including, without limitation, attorneys' fees. No right or
remedy of ours shall be exclusive of any other, whether at law or in equity,
including without limitation damages injunctive relief, attorneys' fees and
expenses.Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this
Site or any features or portions thereof without prior notice.Severability
If any these provisions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed several and shall not affect the
validity and enforceability of any remaining provision.No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties
only. These Terms are not intended to confer any right or benefit on any third
party or to create any obligations or liability of a party to any such third
party.Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as
a result of these Terms, and you do not have any authority of any kind to bind
Us in any respect whatsoever. We may provide you with notices, including those
regarding changes to these Terms, by email, regular mail, or postings on this
Site. These Terms, which shall be deemed accepted by you upon your use of the
Site, constitute the entire agreement among you and Us regarding use of this
Site. Our failure to exercise or enforce any right or provision of these Terms
shall not constitute a waiver of the enforcement of such right or provision. If
any provision of these Terms is found to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary so
that these Terms shall otherwise remain in full force and effect and
enforceable. These Terms are not assignable, transferable or sublicensable by
you, except with our prior written consent. These Terms include and incorporate
by reference Our Privacy Policy, which can be found at https://xeriartz.com/policy,
and any notices regarding the Site.Questions
Questions regarding these Terms, Our Privacy Policy, or other policy related
material can be directed to our support staff by emailing us at: management@xeriartz.com.