terms and conditions
Use of the Site
You may only use this Site and any Materials (defined below) found in this Site in accordance with the terms and conditions of these Terms, and you agree to comply with these Terms at all times.
a. Our Proprietary Rights. The Site and its entire contents, features, technologies, and functionality (including but not limited to all images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audiovisual and multimedia works and any other items or expressions) (collectively, "Materials") are owned by the Company, its affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge and agree that the Materials, including all associated intellectual property rights, are the property of the Company or its applicable affiliates, licensors, or third-parties. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Materials. All trademarks, service marks, logos, trade names, and any other source identifiers of the Company or its affiliates used on or in connection with the Site and the Materials are trademarks or registered trademarks of the Company or its affiliates in the United States and abroad. You are not permitted to use these marks without our prior written permission.
b. Third-Party Materials. You acknowledge and agree that certain Materials on or in the Site are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce its rights against you.
c. Restrictions on Use of Materials. Unless explicitly indicated, our content and Materials may not be downloaded or copied from the Site or any device. You are not permitted to use any part of the Materials for commercial purposes without obtaining a written license to do so from us. Materials may not be copied, distributed, republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Site and may subject you to legal liability. You agree not to use the Site or any Materials thereon for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening, or obscene purposes) and you agree that you will comply with all laws, rules, and regulations related to your use of the Site and Materials. Appropriate legal action may be taken for any illegal or unauthorized use of the Site and Materials. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company, its affiliates, or its licensors, except for the licenses and rights expressly granted in these Terms.
d. Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access, view, and listen to the Site and any Materials made available on or through the Site and accessible to you, solely for your personal use. The use of Materials or any part of the Site, except for use as permitted in these terms, is strictly prohibited, and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement. If we provide social media features with certain Materials, you may take such actions as are enabled by such features.
Restrictions on Use of the Site.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site to: (a) violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) breach or circumvent any agreements with third-parties, third-party rights, or our Terms; (c) send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (d) transmit, or procure the sending of, any advertising or promotional material without our prior written consent including any "junk mail," "chain letter," "spam," or any other similar solicitation; (e) exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (f) impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or falsely claim that you have an affiliation with the Company, a Company employee, another user, or any other person or entity, or have been endorsed by the Company, a Company employee, another user, or any other person or entity; (g) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability; (h) use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site; (i) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the Materials on the Site; (j) use any manual process to monitor or copy any of the Materials on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (k) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or attack the Site, including via a denial-of-service attack or a distributed denial-of-service attack; (l) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site, or use any device, software, or routine that interferes with the proper working of the Site; (m) copy, reproduce, modify, distribute, display, create derivative works of or transmit any Materials or other content on the Site or reverse engineer, decompile, tamper with or disassemble the technology used to provide the Site; (n) violate, misappropriate, or infringe a third party's intellectual property or other right; (o) otherwise attempt to interfere with the proper working of the Site, or attempt to, or permit or encourage any third party to, do any of the above.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Certain components or features of the Site may include materials from third parties and hyperlinks to other web sites, resources, or content (“Third-Party Content”). Such Third-Party Content may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of such Third-Party Content, or the content, products, or services available from such Third-Party Content. Links to Third-Party Content are not an endorsement by us of such Third-Party Content. You acknowledge and agree that we will not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use or reliance upon any Third-Party Content. ACCESS AND USE OF THIRD-PARTY CONTENT IS SOLELY AT YOUR OWN RISK.
THE SITE, AND ALL DATA, INFORMATION, MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), REFERENCE SITES, SERVICE, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE (THE "OFFERINGS"), ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AEXLAB DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AEXLAB DOES NOT WARRANT THAT THE OFFERINGS WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. AEXLAB MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THE OFFERINGS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AEXLAB, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE OFFERINGS, ANY WEBSITES LINKED TO THE OFFERINGS, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF AEXLAB OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site’s content, services, Materials, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
For the avoidance of doubt, all right, title, and interest in and to this Site, the Materials, and all associated intellectual property rights is owned by Aexlab or its licensors, and no ownership of any of the foregoing items is transferred to you by virtue of these Terms or Aexlab permitting you to use the Site.
Aexlab welcomes your comments, feedback, and input regarding Aexlab products. However, Aexlab does not accept or consider any material for use in any of its products, services, or games (including, but not limited to, demos, sketches, drawings, notes, stories, and game or character ideas), that has not been specifically requested by Aexlab. Accordingly, Aexlab asks you not to send us any such materials. If you ignore this request, any such materials, comments, suggestions, or other information submitted by you to Aexlab will become the property of Aexlab, with Aexlab exclusively owning all known and hereafter existing rights to such materials, and you acknowledge and agree not to contest Aexlab’s rights to use and disclose such materials in any manner and for any purpose, commercial or otherwise, without compensation to you.
Governing Law and Dispute Resolution
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
The Company and you agree that any legal or equitable claim, dispute, action, or proceeding arising from or related to your use of the Site or these Terms ("Dispute") will be finally resolved by binding arbitration conducted by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules in effect at the time such arbitration is initiated. To the extent the forum provided by AAA is unavailable, the Company and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service will apply the AAA Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim. The arbitrator has the power to award attorney’s fees and costs to the prevailing party, which will be part of the arbitration award. The arbitrator’s decision will be written and binding on the parties and may be entered in any court of competent jurisdiction. Notwithstanding any provision in the Terms to the contrary, the parties agree that if we make any amendment to this arbitration agreement, that amendment will not apply to any claim that was filed prior to the effective date of the amendment or of which the parties had actual notice before the effective date of the amendment. The amendment will apply to all other disputes or claims governed by our arbitration agreement that have arisen or may arise between you and us.
In the event that any Dispute cannot be resolved by binding arbitration in accordance with this Section, you agree that such Dispute will be filed only in the state or federal courts in and for Miami-Dade County, Florida, and each of you and the Company hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, the Company will still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction and we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
Changes To These Terms
We reserve the right to revise and update these Terms at any time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Any changes to the dispute resolution provisions set out in the dispute resolution section will not apply to any disputes for which the parties have actual notice or to any claim that was filed before the date the change is posted on the Site. If we make changes to these Terms, we will post the revised Terms on the Site and update the “Last Modified” date at the top of these Terms. Your continued use of the Site following the posting of modified Terms means that you accept and agree to the changes. You are expected to check this page frequently, so that you are aware of any changes, as they are binding on you.