terms-con.php

This end-user agreement (the "Agreement") is made between end-user, inclusively end-user's company and/or household ("You", and/or "Your") and Exobia, inclusive of its affiliates and trade services Exobia Legal Services, ExobiGirl, and Exobia Greetings registered in Holland under company 37164368, BTW/VAT-number NL230389193B01("Exobia"). This Agreement sets forth the terms, conditions, disclaimers, notices and policies, collectively (the "Terms and Conditions") that apply to Your use of the Exobia, Exobia Legal Services, and/or any other Exobia-affiliated online or mobile phone websites, platforms and forums, collectively (the "Exobia Sites"). This Agreement is a binding contract between You and Exobia. By accessing, browsing, or using the Exobia Sites, or by uploading and/or downloading to and from the Exobia Sites, regardless of whether this occurs in a single session or not, You acknowledge to Exobia, and Exobia accepts such acknowledgement, that You have read, understood and agree to be bound by the Terms and abide by all applicable local and international laws, regulations, and ordinances.

Unless otherwise stated, all materials contained on the Exobia Sites, such as but not limited to, text, graphics, photographs, button icons, audio and video, digital downloads, data compilations and software (the "Materials"), excluding any content delivered, published, shared, or uploaded to Exobia by You, Exobia clients, and/or other end-users, are the legally protected property owned by Exobia, including all affiliated companies or trade services, and/or the Materials are validly licensed to Exobia from third-party providers.

Nothing herein shall constitute a transfer, assignment, waiver, or acquittal of ownership and exploitation rights expressly reserved by Exobia, or by any third-party provider, to any of the content or the Materials on the Exobia Sites to You by Your access, browsing, using, uploading to, and/or downloading from the Exobia Sites.
All rights are protected under applicable local and foreign copyright and trademark laws and international treaties. Nothing contained on the Exobia Sites should be construed as granting, by implication, estoppel, or otherwise, any permission, license or right to use any of the copyrighted property or trademarks without the written permission of Exobia, or the relevant third-party which is owner of the Materials that may appear on the Exobia Sites.

Copyright © 2010 Unless otherwise stated, all the Materials of the Exobia Sites are the property of Exobia. All Exobia trade names and logos are the trademarks of Exobia. All rights not expressly granted by this Agreement are strictly reserved and shall be protected to the fullest extent of the law.

You may only use the Exobia Sites for your personal entertainment, educational and informational purpose only. By way of illustration, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Exobia Sites anywhere else other than those designated areas on the Exobia Sites, if available. The use of any of the Materials on any other website or in any other environment of networked computers without written permission from Exobia and/or third-party owners of such Materials is strictly prohibited and any unauthorized use will be prosecuted to the fullest extent of the law.

You may not use the Exobia Sites for any purpose that is unlawful, prohibited by the Terms and Conditions, or in any way interferes or attempts to interfere with the proper working of the Exobia Sites. You may not use the Exobia Sites in any manner that could damage, disable, overburden, or impair the Exobia Sites, or that interferes with any other end-user’s use and enjoyment of the Exobia Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Exobia to all end-users of the Exobia Sites.

Software (if any) that is made available to download from the Exobia Sites ("Exobia Software"), excluding software that may be required to use the Exobia Software and therefore made available to You and other end-users through a third-party online facility. Exobia Software is the trademarked, copyrighted, and/or patented intellectual property of Exobia.

You may only use the Exobia Software for your personal entertainment, educational and informational purpose only and only in the manner prescribed. By way of illustration, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, license, create derivative works from, transfer, re-engineer, dismantle, or sell any portion of the Exobia Software.

You may not use the Exobia Software for any purpose or in any manner that is unlawful, prohibited by the Terms and Conditions, or in any way interferes or attempts to interfere with the proper working of the Exobia Software. You may not use the Exobia Software in any manner that could damage, disable, overburden, or impair any system in which You make use of the Exobia Software, or in any way that interferes with any other end-user’s use and enjoyment of the Exobia Software. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Exobia to all end-users of the Exobia Software.

The Exobia Sites may contain third-party links and/or links to other websites, which are provided solely as a convenience to You and not as an endorsement by Exobia of the contents of such other third-party websites. Please refer directly to any third-party websites regarding their own terms and conditions.

In the event of any actual or proposed breach of this Agreement, warranties, or any of the terms herein, Exobia reserves the right to and shall, at its sole discretion and without notice or liability of any kind to You, (1) restrict or terminate Your access to the Exobia Sites; (2) restrict or terminate Your account for any module or feature of the Exobia Sites; and/or (3) temporarily or permanently block the associated internet protocol address from which the Exobia Sites are accessed by You; and/or (4) commence legal actions available to Exobia against You.

Exobia reserves the right, at its sole discretion, to modify the Terms and Conditions at any time and as often as Exobia deems necessary. You are responsible for regularly reviewing these Terms and Conditions and notices. Your continued use of the Exobia Sites constitutes your acceptance of any modification that may be made.

This Agreement is governed by the laws of The Netherlands. You hereby consent to the exclusive jurisdiction and venue of courts in Amsterdam in all disputes arising out of or relating to the Agreement or Your use of the Exobia Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between You and EXOBIA as a result of this Agreement or use of the Exobia Sites.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire understanding between You and EXOBIA with respect to the Exobia Sites. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and EXOBIA with respect to this Agreement.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Exobia Sites may contain certain functionalities, such as but not limited to, bulletin boards, chat areas, news groups, forums, and/or other communication features designed to enable mobile phone or online communication between You and other end-users, collectively (the "Forums"). While the Forums may, from time to time, be monitored or moderated, Exobia shall not be obligated to, and hereby makes no warrant that it will, supervise the Forums.

Therefore, You warrant to Exobia, and Exobia accepts such acknowledgement, that You will only access, post, or otherwise upload any software, creative digital content and/or text in accordance with the following rules of conduct:

Opt-out. Exobia gives users the option of discontinuing receipt of promotional email communications from Exobia by removing the users' information from Exobia's databases. Instructions for discontinuing receipt of promotional email communications from Exobia will be provided in subsequent email communications to end-users who have registered, authorized, or "opted-in" for such notices.

You further acknowledge, and Exobia accepts such acknowledgement, that Exobia does not control or endorse any content posted or uploaded onto the Forums. Exobia expressly disclaims any liability for the actions of end-users with regards to uploads, downloads, and posts to the Forums.

Exobia reserves the right, at its sole discretion, to modify the User Code of Conduct at any time and as often as Exobia deems necessary. You are responsible for regularly reviewing the User Code of Conduct and notices. Your continued use of the Exobia Sites constitutes your acceptance of any modification that may be made.

This Agreement is governed by the laws of The Netherlands. You hereby consent to the exclusive jurisdiction and venue of courts in Amsterdam in all disputes arising out of or relating to the Agreement or Your use of the Exobia Sites, Exobia Software, and/or any Forums. You agree that no joint venture, partnership, employment, or agency relationship exists between You and EXOBIA as a result of this Agreement or use of the Exobia Sites, Exobia Software, and/or any Forums.

Unless otherwise specified herein, this Agreement constitutes the entire understanding between You and EXOBIA with respect to the Exobia Sites, Exobia Software, and/or any Forums. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and EXOBIA with respect to this Agreement.

When You visit the Exobia Sites, certain personally identifiable data may be collected on the nature of Your visit. Typically this would include the website that referred You (if any), Your internet protocol "IP" address, Your name, Your business and/or home address, and Your email address (the "Personal Information").

Collection and Use of Personal Information. Exobia may use this Personal Information to generate user profiles, to contact You as "opted-in" or authorized by You, to collect demographics and other statistics for improvement to the Exobia Sites, to effectively market Exobia business, products, and services, and to tailor usability and functionality of the Exobia Sites to You and other end-users.

Exobia reserves the right to disclose any such Personal Information if required to do so by law and not by sole inquiry, or in the event such action will reasonably comply with legal process, respond to claims, or to protect the rights, property and/or safety of Exobia, customers/clients, or the public.

Exobia reserves the right to change the terms of this Privacy Policy at any time and as often as Exobia deems necessary. You are responsible for regularly reviewing the Privacy Policy. Your continued use of the Exobia Sites constitutes your acceptance of how Exobia collects and uses Personal Information.

The Exobia Sites may contain third-party links and/or links to other websites, which are provided solely as a convenience to You and not as an endorsement by Exobia of the contents of such other third-party websites. This Exobia Privacy Policy does not extend to, or apply to, any other external websites and/or companies outside of Exobia. Please refer directly to any third-party websites regarding their own privacy policies.

This Agreement is governed by the laws of The Netherlands. You hereby consent to the exclusive jurisdiction and venue of courts in Amsterdam in all disputes arising out of or relating to the Agreement or Your use of the Exobia Sites, Exobia Software, and/or any Forums and this Privacy Policy. You agree that no joint venture, partnership, employment, or agency relationship exists between You and EXOBIA as a result of this Agreement or use of the Exobia Sites, Exobia Software, and/or any Forums and this Privacy Policy.

Unless otherwise specified herein, this Agreement constitutes the entire understanding between You and EXOBIA with respect to the Exobia Sites, Exobia Software, and/or any Forums and this Privacy Policy. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and EXOBIA with respect to this Agreement.

Exobia reserves the right, at its sole discretion, to modify the User Code of Conduct, Privacy Policy, and/or Terms and Conditions at any time and as often as Exobia deems necessary. You are responsible for regularly reviewing the User Code of Conduct, Privacy Policy, and/or Terms and Conditions. Your continued use of the Exobia Sites constitutes your acceptance of any modification that may be made to any of the above.

YOU EXPRESSLY AGREES THAT THE USE OF THE EXOBIA SITES IS AT YOUR SOLE RISK. THE EXOBIA SITES, ALL MATERIALS ON THE EXOBIA SITES, AND ALL PRODUCTS, SERVICES, AND/OR SOFTWARE THAT ARE, OR MAY BE, OFFERED VIA THE EXOBIA SITSE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EXOBIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER EXOBIA NOR ANY OF EXOBIA'S RESPECTIVE AFFILIATES, ADVISORS, AGENTS, DIRECTORS, EMPLOYEES, INVESTORS, PARTNERS, JOINT VENTURERS, OR SUBSIDIARIES WARRANT THAT ANY FUNCTION CONTAINED IN OR ON THE EXOBIA SITES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED AT NO ADDITIONAL COST TO YOU, OR THAT THE EXOBIA SITES, OR THE INTERNET PROVIDER THAT HOSTS THE EXOBIA SITES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN THE EVENT OF ANY DAMAGE TO YOUR HARDWARE THROUGH YOUR USE OF THE EXOBIA SITES, YOU ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO YOUR SYSTEM

NEITHER EXOBIA NOR ANY OF EXOBIA'S RESPECTIVE AFFILIATES, ADVISORS, AGENTS, DIRECTORS, EMPLOYEES, INVESTORS, PARTNERS, JOINT VENTURERS, OR SUBSIDIARIES WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SERVICES, PRODUCTS OR MATERIALS ON THIS SITE WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. EXOBIA DOES NOT WARRANT THAT YOU WILL BE FULLY PROTECTED, SHIELDED, OR FREE FROM THE BEHAVIOR OF OTHERS THAT YOU OR OTHER END-USERS MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE USING THE EXOBIA SITES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL EXOBIA BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE EXOBIA SITES, SERVICES, PRODUCTS, SOFTWARE, OR MATERIALS, REGARDLESS OF WHETHER EXOBIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT LIABILITY IS FOUND DESPITE THIS PARAGRAPH, THE TOTAL LIABILITY OF EXOBIA AND/OR ANY OF EXOBIA'S RESPECTIVE AFFILIATES, ADVISORS, AGENTS, DIRECTORS, EMPLOYEES, INVESTORS, PARTNERS, JOINT VENTURERS, OR SUBSIDIARIES TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE SHALL BE LIMITED TO $100 U.S. AGGREGRATELY.

You hereby agree to indemnify and hold harmless EXOBIA, its affiliates, advisors, agents, directors, employees, investors, partners, joint venturers, and subsidiaries from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of Your breach of this Agreement.

Home

Legal Disclaimer Terms and Conditions Privacy Policy User Code of Conduct

Website designed by: