TERMS OF SERVICE
This Terms of Use Agreement ("Agreement") is a legal agreement between you ("User" or "you") and Exert Records ("Company," "we," "us," or "our") governing your use of the Exert Records website and webstore ("Website"), including any content, features, products, and services offered on or through the Website.
By accessing or using the Website, you agree to be bound by this Agreement, including the Privacy Policy, incorporated herein by reference. If you do not agree to all the terms and conditions of this Agreement, you must not access or use the Website.
1. Use of Website
1.1. Eligibility: You must be at least 18 years old to use the Website. By accessing or using the Website, you represent and warrant that you are at least 18 years old.
1.2. License: Subject to the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use.
1.3. Prohibited Uses: You may not use the Website for any illegal or unauthorised purpose. You agree to comply with all applicable laws, rules, and regulations.
2. Content
2.1. Intellectual Property: The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are owned by Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2.2. License to Content: Subject to the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the content available on the Website for your personal, non-commercial use.
2.3. Restrictions: You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website without the prior written consent of Company.
3. Purchases
3.1. Product Availability: All purchases made through the Website are subject to availability. Company reserves the right to limit the quantity of products available for purchase.
3.2. Pricing: All prices for products available for purchase through the Website are subject to change without notice.
3.3. Payment: You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment method) at the prices in effect when such charges are incurred.
4. Disclaimer of Warranties
4.1. THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
4.2. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
5. Limitation of Liability
5.1. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE.
5.2. COMPANY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO COMPANY, IF ANY, DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
6. Indemnification
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in connection with your use of the Website or any violation of this Agreement.
7. Termination
Company may terminate or suspend your access to the Website at any time, with or without cause, without prior notice or liability.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Leuven, Belgium, without giving effect to any principles of conflicts of law.
9. Changes to Terms
Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. It is your responsibility to review this Agreement periodically for changes.
10. Prohibited Activities
10.1. File Sharing: File sharing of any kind, including but not limited to sharing, distributing, or uploading Company's content or products to third-party platforms or individuals, is strictly prohibited. Any instances of file sharing will be pursued legally, and the user may be banned from using our platform at our own discretion.
10.2. Fraudulent Behaviour: Any forms of fraudulent behaviour, including but not limited to unauthorised access, impersonation, or misrepresentation of identity or information, are strictly prohibited. Any instances of fraudulent behaviour will be reported to the authorities.
11. Privacy and Data Handling
11.1. Protection of Customer Information: We handle customer information with care and take appropriate measures to protect the privacy and security of personal data collected through the Website. We will not sell, rent, or disclose customer data to third parties without the consent of the customer, except as required by law or as necessary to provide services requested by the customer.
12. Contact Information
If you have any questions about this Agreement, please contact us at support@exertagency.com
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Website.