Your use of the Service forms a legal agreement between you and EXLIBRIO and is subject to the terms of this agreement as stated in Terms and Conditions of Use. You acknowledge and agree that EXLIBRIO may stop (permanently or temporaliy) providing the Services to you or to users generally, at EXLIBRIO’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform EXLIBRIO when you stop using EXLIBRIO. In order to access certain Materials and Services, you may be required to provide information about yourself (such as identification or contact details) as part of your continued use of the Services. You agree that any registration information you give to EXLIBRIO will always be accurate, correct and up to date.
You must be at least 16 years old to use the Service.
By posting to the Service, you agree to be solely responsible for the content of all information you contribute, link to or otherwise upload.
You agree that everything you post shall be truthful, accurate, not misleading and offered in good faith, and that you have the right to post such content/material.
You agree not to post false, misleading or deceptive comments, materials for which EXLIBRIO does not own the IP rights or have the right to reproduce/upload, trademarked materials, or materials that contain confidential material or violate third party’s right of publicity, any photos or comments that depict unsafe practices, offensive behavior, profanity, personal attacks and illegal statements, content attempting to impersonate someone else including but not limited to customers, clients and employees of the Service, content that is subject to an internal investigation or that refers to, or otherwise speaks to, ongoing litigation matters or investigations.
You agree to keep it appropriate and polite when disagreeing with others’ opinions.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harrassing communications to any EXLIBRIO users.
You agree that your submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation and any viruses, worms, spyware, adware or other potentially damaging programs or files.
You will not be compensated or granted any consideration by any third party as regards your posts.
You agree that your submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising),
You agree that you will not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary contents.
You agree that you will not download any file posted by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner.
You agree that you will not restrict or inhibit any other user from using and enjoying the Service.
You agree that you will not harvest or otherwise collect information about others, including e-mail addresses, without their consent.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service.
You must not use domain names or web URLs in your username without prior consent from EXLIBRIO.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
EXLIBRIO may provide in the future API and in this case you must not access EXLIBRIO’s private API by means other than those permitted by EXLIBRIO. Use of EXLIBRIO’s API is subject to a separate set of terms.
You agree to release and indemnify EXLIBRIO and sponsors of EXLIBRIO websites from any claims and/or liability related to your use of the Websites.
By submitting any user submission, you represent and warrant that your submission will not and may not be reasonably considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with EXLIBRIO’s express consent).
EXLIBRIO reserves the right to change the terms, conditions, and notices under which the Service is offered, including but not limited to the charges associated with the use of the web site.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your EXLIBRIO account by logging into the Service and selecting deactivate from the account settings. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account.
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
LINKS TO THIRD PARTY SITES
EXLIBRIO website may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of EXLIBRIO website. EXLIBRIO website is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EXLIBRIO website is not responsible for webcasting or any other form of transmission received from any Linked Site. EXLIBRIO website is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the EXLIBRIO Service.
Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that EXLIBRIO may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
The Service contains content owned or licensed by EXLIBRIO ("EXLIBRIO Content"). In this scope, EXLIBRIO Content, especially the EXLIBRIO name and logo are trademarks of EXLIBRIO, and may not be copied, imitated or used, in whole or in part, without the prior written permission of EXLIBRIO, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of EXLIBRIO, and may not be copied, imitated or used, in whole or in part, without prior written permission from EXLIBRIO. EXLIBRIO Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and EXLIBRIO, EXLIBRIO owns and retains all rights in the EXLIBRIO Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the EXLIBRIO Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the EXLIBRIO Content.
Although it is EXLIBRIO’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, EXLIBRIO reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by EXLIBRIO, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, EXLIBRIO encourages you to maintain your own backup of your Content. In other words, EXLIBRIO is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. EXLIBRIO will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
It is EXLIBRIO’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, EXLIBRIO does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that EXLIBRIO is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
You agree, confirm and undertake, by adding content, that given by you to EXLIBRIO, to the website, that you grant all kinds of Rights to use and benefit of content and enable to use and benefit from content with broadest scope and meanings designated by legislations for free (without demanding any fee) by adding content to the website.Unless otherwise indicated, Rights to use and benefit and enable to use and benefit include Rights to use, enable to use, benefit and enable to benefit on including Internet, but not limited to, all kinds of virtual platforms and other communication channels and other on-line and off-line platforms (television, radio, press etc.) within the scope of this article. Within the scope of this article, Rights include all kinds of Rights of processing’s, reproductions, distributions and conveying to public.You, irrevocably accept and declare that You acknowledge that EXLIBRIO can use Rights and benefit from the Rights by gaining commercial profit within the scope of this article. You, agree, confirm and undertake that You shall have no right to demand any cost or fee from EXLIBRIO under any name and in any manner for the Rights that have been granted by you to EXLIBRIO.
USERNAME AND PASSWORD
You are responsible for maintaining the security of your account, passwords, and files. We will accept instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by us in our discretion, by email or by phone, or through a Third Party Service, if any, through which you access the EXLIBRIO website. We have no knowledge of your organizational structure, including if you are registering for the EXLIBRIO website as an entity, or your personal relationships, if you are a person. We shall not be responsible for the actions of any individuals who misuse or misappropriate your assets using your username and password or other appropriate account identifying information.
PROHIBITED CONTENT EXLIBRIO
Website prohibits the use of the Service by any person or entity that:
Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; dating services; adult “swinger” promotions; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
Posts or discloses any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor).
Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
Engages in any libelous, defamatory, scandalous, threatening, or harassing activity.
Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
Markets to third party voter registration lists.
Provides content, including assets, of authors, artists, photographers or others without the express written consent of the content owner.
We may, in our sole discretion, immediately disable your access to Service if we believe, in our sole discretion, that you have violated any of the policies listed above or this Agreement.
THE EXLIBRIO WEBSITE INCLUDING BUT NOT LIMITED TO MOBILE APPLICATION AND WIDGETS IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EXLIBRIO WEBSITE IS WITH YOU, INCLUDING, WITHOUT LIMITATION, RISKS ASSOCIATED WITH THE PRESENCE OF ADWARE, VIRUSES, SPYWARE, AND/OR WORMS, ETC. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT EXLIBRIO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. EXLIBRIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE EXLIBRIO WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXLIBRIO MAKES NO WARRANTY THAT THE EXLIBRIO WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE EXLIBRIO WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE EXLIBRIO WEBSITE WILL BE CORRECTED. EXLIBRIO MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXLIBRIO WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EXLIBRIO WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE EXLIBRIO WEBSITE OR FROM EXLIBRIO, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE EXLIBRIO PARTIES”) SHALL CREATE ANY WARRANTY. EXLIBRIO DISCLAIMS ALL EQUITABLE INDEMNITIES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EXLIBRIO WEBSITE OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTIONS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “EXLIBRIO WEBSITE ”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF EXLIBRIO WEBSITE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, EXLIBRIO WEBSITE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF EXLIBRIO WEBSITE TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO [ USD 100], LESS ANY DAMAGES PREVIOUSLY PAID BY EXLIBRIO WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
EXLIBRIO and any other product or service name or slogan or logo contained in the EXLIBRIO website including but not limited to mobile application and widgets are trademarks of EXLIBRIO or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of EXLIBRIO or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with EXLIBRIO or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of EXLIBRIO without EXLIBRIO’s prior written permission. In addition, the look and feel of the website (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of EXLIBRIO and may not be copied, imitated, or used (in whole or in part) without EXLIBRIO’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by EXLIBRIO.
Your use of the Service forms a
legal agreement between you and EXLIBRIO and is subject to the terms
of this agreement as stated in Terms and Conditions of Use. You
acknowledge and agree that EXLIBRIO may stop (permanently or
temporarily) providing the Services to you or to users generally, at
EXLIBRIO’s sole discretion, without prior notice to you. You may
stop using the Service at any time. You do not need to specifically
inform EXLIBRIO when you stop using EXLIBRIO. In order to access
certain Materials and Services, you may be required to provide
information about yourself (such as identification or contact
details) as part of your continued use of the Services. You agree
that any registration information you give to EXLIBRIO will always be
accurate, correct and up to date.
CHANGES OF THE TERMS
Company may change the Terms from time to time, at its sole discretion and without any notice. We will notify You regarding substantial changes of these Terms on the homepage of the Site and/or we will send You an e-mail regarding such changes to the e-mail address that You provided in the registration form. Such substantial changes will take effect five (5) business days after such notice was provided on our website or sent by email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and Your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.