Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Website in any way that violates applicable provincial, state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable municipal, local, provincial, state, federal, or international law or regulation.
As a service to Members, XPloreMagic.com may provide a venue for blogs, videos, pictures, comments and discussion among Members (the "XPloreMagic Community"). You understand that all messages that may appear on the Website are the sole responsibility of the person posting the message. You, and not XPloreMagic.com, are entirely responsible for all information and material that you post on the Website. XPloreMagic.com does not pre-screen the content of any messages posted on the Website and does not guarantee the accuracy, integrity or quality of anything which may appear on the Website. You understand that by using the Website, you may be exposed to content that is inaccurate, objectionable or, perhaps, worse. Under no circumstances will XPloreMagic.com be liable for any errors or omissions in any postings or for any loss or damage of any kind incurred as a result of the use of any information contained on the Website.
The Website may permit you and other member users to submit videos or other materials ("Member Submissions") for posting on the Website. All material that you submit for posting will be considered publicly accessible. XPloreMagic.com does not screen in advance material provided by you or other member users for posting on the Website. Such posting does not create any express or implied approval by XPloreMagic.com of such material, nor does it indicate that such material complies with the terms of this Agreement.
You will be solely responsible for your own Member Submissions and the consequences of posting or publishing them. You represent that you are the sole owner of all rights in the Member Submissions posted by you (including all related copyrights) or that you have the absolute right to license their use as provided herein. You will retain ownership in the copyright in the Member Submissions submitted by you, however by submitting your Member Submissions to the Website for posting you hereby grant XPloreMagic.com a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, publicly display and distribute such Member Submissions, any portions of such Member Submissions, and any derivative works created from such Member Submissions, in print, electronic and other media, by any means now known or developed in the future. XPloreMagic.com may sublicense all of our rights and license or assign them to third parties. Neither XPloreMagic.com nor any third party using the Member Submissions in accordance with this Agreement will be obligated to pay you any royalties or other compensation for use of the Member Submissions.
Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may result, in our sole discretion, in termination of your membership. Prohibited Content includes but is not limited to Content that, in our sole judgment:
You may not Post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement,
XPloreMagic.com will have the right, but not the obligation, to monitor the contents of all Member Submissions. XPloreMagic.com will have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, XPloreMagic.com shall have the right to remove any material that XPloreMagic.com, in its sole discretion, finds to be in violation of the provisions of this Agreement or otherwise objectionable. The decision by XPloreMagic.com does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of XPloreMagic.com in connection with or arising from the Member Submissions or the use of the XPloreMagic Social Network.
Member agrees to indemnify and hold XPloreMagic.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees and disbursements, made by any third party due to or arising out of Member's use of the Website, the violation of this Agreement, or any infringement by Member, or other user of the Website using Member's account, of any intellectual property or any other rights of any person or entity.
Your use of the XPloreMagic.com Website is at your sole risk. XPloreMagic.com is not responsible for the accuracy, usefulness, safety or intellectual property rights relating to any Member Submissions. The Website is provided by XPloreMagic.com on an "as is" and on an "as available" basis. XPloreMagic.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. XPloreMagic.com shall have no liability for any interruptions in the availability of the Website. XPloreMagic.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, and in such jurisdictions the above-referenced exclusion shall be inapplicable.
XPLOREMAGIC.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR XPLOREMAGIC.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF XPLOREMAGIC.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE IN SUCH JURISDICTIONS SOME OF THE ABOVE LIMITATIONS SHALL BE INAPPLICABLE.
XPloreMagic.com reserves the right to modify or discontinue the Website, or any part of the Website, with or without notice to the Member. XPloreMagic.com shall not be liable to Member or any third party should XPloreMagic.com exercise its right to modify or discontinue the Website or any part of the Website. Member acknowledges and accepts that XPloreMagic.com does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Product specifications and other information have either been provided by the vendors of such products ("Vendors") or collected from publicly available sources. While XPloreMagic.com makes every effort to ensure that the information on this Website is accurate, XPloreMagic.com makes no representations or warranties as to the accuracy or reliability of any information provided on the Website. In addition, XPloreMagic.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of XPloreMagic.com.
Either Member or XPloreMagic.com may terminate this Agreement at any time. Without limiting the foregoing, XPloreMagic.com shall have the right to terminate this Agreement and/or your use of the Website, in whole or in part, immediately in the event of any conduct by you that XPloreMagic.com, in its sole discretion, determines is unacceptable or in case you breach any term or condition of this Agreement.
XPloreMagic.com respects the intellectual property of others, but does not independently confirm that Member Submissions or other material made available on the Website is provided by a valid rights holder. In the event that XPloreMagic.com becomes aware that any Member Submission or other material posted on or through the Website has been provided by a person who is not a valid rights holder, XPloreMagic.com may, if in its sole discretion it deems appropriate, remove such Member Submission or other material from the Website. If you believe that your work has been copied or posted on the Website in a manner that constitutes copyright infringement, please contact our Chief Privacy Officer and provide us with the following information:
You agree that these terms and conditions referred to in this Agreement constitute the entire agreement between you and XPloreMagic.com pertaining to the subject matter of these terms and conditions, and supersede, terminate and otherwise render null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between you and XPloreMagic.com. In the event of a conflict between these terms and conditions of sale and any other documents incorporated by reference or referred to in this Agreement, these terms and conditions of sale shall govern.