Introduction.
Welcome to Expoverse — The Nexus of Art, Fashion & Creative Passion™ — where quality creators are spotlighted and original works get promoted & sold; owned and operated by Expoverse Entertainment Group LLC dba Expoverse, Est. 2013, registered in the US, and/or its affiliates (collectively "Expoverse", "we", "us", or "our"); a privately-owned company operating in ecommerce, media production, marketing and events; providing website features, functions, downloads and other products and services to you when you visit or shop at the official Expoverse website (Expoverse.com), use any products or services sold by Expoverse, use Expoverse mobile apps, access (use, view or listen to) content that Expoverse makes available to you through our services, or when you use software provided by Expoverse in connection with any of the foregoing (collectively, "Expoverse Services").
How you may use Expoverse Services depends on whether you are using them for personal/non-business use (i.e. a "Visitor" or "Guest") or if you are using them for commercial/business use (specifically any activity with a goal of creating or increasing compensation in money, services, or other valuable consideration), for example if you use Expoverse Services as a Customer, Provider, Reseller, Sponsor, or Advertiser (collectively referred to as "Member" or "Client").
For clarification, being a: (1) Visitor or Guest means you simply browse the Expoverse Site; (2) Provider means you own original Content and/or Products on the Expoverse Site; (3) Reseller means you are a registered in our affiliate marketing program and may recommend/promote and sell Expoverse Products and Services in exchange for a commission on each sale; (4) Customer means that you purchase Expoverse Products or Services for personal or commercial use; (5) Client means you use Expoverse professional services; (6) Member means any individual or business registered as the owner of an Expoverse Account and/or participating in exclusive Expoverse member-only programs, for example EV-CPAN (Expoverse Creative & Performing Arts Network); and (7) Liaison or Handler means you act to arrange and assist in communication, interaction, or meetings between Expoverse and third parties.
Expoverse provides the Expoverse Services subject to the following terms and conditions ("Terms of Service" or "TOS"). Please read them carefully. This forms a legally binding agreement ("Agreement") between Expoverse and:
(1) any individual end-user ("you", "your", "Guest", "Visitor", "User", "Member", "Customer", "Client", "Provider", "Partner", "Reseller", "Contractor", "Liaison", "Handler", "Sponsor", or "Advertiser"; or collectively referred to as "User"); or
(2) a company, organization, government agency or an individual acting as the legal representative of the pre-mentioned, in which case the party entering into this Agreement with Expoverse shall be such corporate or organizational entity.
This agreement is applicable to and governs access to and use of Expoverse Services at Expoverse.com ("Site"), including Expoverse websites, mirrors and CDNs, or any associated webpages around the world ("Network").
Terminology.
Capital words not otherwise defined herein by this Terms of Service shall have the meanings ascribed to them in the Expoverse Terminology Glossary ("ETG"), of which a copy can be found at [https://www.expoverse.com/legal/terminology-glossary.html]. The Expoverse Terminology Glossary refers to and explains the meaning of core terminologies and the vocabulary of technical terms from various fields, subjects, sciences, and arts as used in Expoverse everyday business operations and communications and throughout Expoverse and Affiliate websites, mobile Apps, and online Services.
The ETG's purpose is to clarify the meaning and use of important included terminology, some of which may otherwise possess more than one definition, or interpretations that differ from commentator to commentator. In such cases, the meanings expressed in the ETG shall be deemed prevelant.
Disclaimer: The original, official version of this document is written in English. Translations into other languages exist as a courtesy to facilitate non-English speaking Users of this Website. If any discrepancies exist between the original English version and a translated version, the English version shall be deemed as correct and prevalent and supersede.
1.1 Company Profile.
Expoverse Entertainment Group LLC dba Expoverse — owner and operator of the Expoverse Site and Expoverse Services — is an entertainment & promotions firm encompassing merchandising/ecommerce, branding/marketing, publishing, events, fashion, multimedia production, music and licensing. Generally speaking, Expoverse provides the General Public with entertainment and information, provides our Customers with products and services, and provides our Clients with advice and business solutions. More specifically, Expoverse specializes in:
(a) Multimedia.
Conceptualizing, designing, producing and publishing digital content and multimedia to be displayed, sold & licensed for personal use or professional projects; budgeting, scheduling, scripting, supplying talent and resources, staff organization, the production itself, post-production/mixing, distribution, and the marketing of music, photos, graphics/images, video, websites, apps and other forms of entertainment media (e.g. marketing materials, merchandise, and journalism).(b) Promotion.
Promoting great work, ideas, talent, and the Expoverse Member community to the world at large and also to companies, studios, agencies, influencers, reviewers, supervisors, executives and businesses in the creative arts and entertainment industries; operating as a talent agency of sorts by discovering, recruiting, developing and marketing Talents. Expoverse co-promotes in their interests, retails products, and licenses rights. Our aim is to get Creators paid through promotions, partnerships, and revenue diversification; also co-promote on their behalf.(c) Commerce.
Conceptualizing, designing, producing and publishing digital content and multimedia to be displayed, sold & licensed for personal use or professional projects; serving as an intermediary between brands (advertisers, retailers, vendors or merchants), affiliate marketers (creators or publishers), and the consumers buying the products; providing a "hybrid" marketplace featuring works, projects, goods & services — highlighting the artists, performers, creatives, athletes, companies and brands behind them — fusing them together into interactive media & entertainment attractions.(c) Advertising.
Offering traditional online advertising, sponsoring and other branding opportunities; advertising events, shows, projects, people, and others, in addition to the products and services of Expoverse and those of third party studios, labels, agencies and our affiliates and partners; soliciting sponsors; and offering collaboration/co-branding opportunities in digital media production, presentations, events, products, and other projects.(d) Events.
Producing "hybrid" commercial & entertainment experiences that bring people and businesses together—online and—onsite at diverse venues and organized events. Expoverse Live events include virtual (digital) and in-person (IRL) trade shows, networking parties, workshops, music concerts, entertainment events, sporting events and other gatherings.
1.2 Website Description.
Expoverse.com is an online, universal entertainment and fashion trade-fair expo — Expoverse's flagship own-brand showcase and marketplace where top-quality creators get spotlighted, and original works are showcased & sold worldwide; items & experiences to see, smell, taste, touch and hear — made by creatives, architects, artists & designers — supported by manufacturers, technologists & marketers. Expoverse via the Expoverse Site:
(a) Produces and hosts virtual/online expos, showcases, contests and competitions.
(b) Offers a variety of arts, fashion & entertainment related information, products, and services for the general public and consumers; designing, producing and publishing multiple types of digital content and stock media to be displayed, sold and licensed for personal use; and also for creative/professional projects (e.g. concerts, events, network television programming, films, and others).
(c) Provides a range of different services for creators and businesses; helping them diversify their portfolios and professional networks while co-marketing their skills, works and services using our platform; aiming to get them paid through promotions, partnerships, collaborations, and revenue diversification; and co-promoting on their behalf.
(d) Publishes and facilitates the access of information and multimedia, the purchase and distribution of digital and physical goods and services, and the issuing of Licenses to use Content owned and/or offered by Expoverse under certain terms and conditions.
1.3 Acknowledgments.
By using the Expoverse Site or any Expoverse Services, you thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:
(a) Whether you simply browse the Expoverse Site or purchase Expoverse products or services, your use of the Expoverse Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the policies and Agreements which are incorporated by reference as described below in Section 8.
(b) By using the Expoverse Site, you understand, acknowledge and agree that you will abide by these terms and conditions of Expoverse's Agreement with you.
(b) If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement. If, after your electronic acceptance of this Agreement, Expoverse finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, any payment obligations.
(c) Expoverse shall not be liable for any loss or damage resulting from Expoverse's reliance on any instruction, notice, document or communication reasonably believed by Expoverse to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Expoverse reserves the right (but undertakes no duty) to require additional authentication from you.
(d) Expoverse provides access to Expoverse Services; comprising information and materials created by Expoverse and also collected from, or posted by, you and other Users.
(e) Third Party owned Content on the Expoverse Site that is available for a paid (i.e., Basic, Extended or Sync) license is stored on Expoverse's servers at the direction of Expoverse's Users.
(f) Modification of Content uploaded by the Expoverse Site's Users, such as cropping, resizing or the addition of a Expoverse watermark over imagery, may be performed automatically during its Submission process. Accordingly, as the Provider is aware that such modifications may take place, the Provider shall be deemed the party responsible for such modification and shall be considered the "author" of such automatically modified Content. Expoverse is not responsible for modifications that occur to User Content as part of any automatic process.
(g) Any review of User Content that may be performed by Expoverse before making such Content available to the public is cursory and only intended to identify immediately obvious violations of this Agreement. Accordingly, and despite any such gate keeping, the Provider shall be deemed the party at whose direction that User Content resides on Expoverse's servers.
(h) Expoverse has never directed, and never will direct, any Users to upload/provide Content that infringes upon any right belonging to a third party. Uploading/providing Content that infringes on Third Party rights constitutes a direct and material violation of this Agreement and will subject the Provider's Expoverse Account(s) to be suspended and/or terminated, whichever Expoverse, in its sole discretion, deems appropriate.
(i) Expoverse correctly presumes that the Provider is the sole holder of all Exclusive Rights to that Content, except where the Content alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a person other than the Provider as the Exclusive Rights holder.
(j) With regard to User Content made available to Expoverse having no obvious proprietary marking that indicates an Exclusive Rights owner — Expoverse cannot be deemed to have actual knowledge that the Content infringes upon any Third Party's rights.
(k) In collecting purchase Payments and License fees on behalf of Third Party Providers, and retaining a portion of those License fees, Expoverse does not derive a direct financial benefit from any such Third Party owned Content. Expoverse's only direct financial benefit from such Content comes from operating the Expoverse Site and Expoverse Services, which allows such Providers to display and market their work and skills to potential Buyers and License purchasers and employers. Providers are the only parties receiving a direct financial benefit from their creation and Submission of Content for purchase and Licensing by Customers and Users.
(l) Expoverse has no right or ability to control or verify the activities of Providers who create Content and then make it available to Expoverse for use on the Expoverse Site. In the event that a Provider infringes upon a Third Party's rights by creating infringing Content, that Provider is the sole responsible party for such infringement, and Expoverse has no control over such activity.
(m) Apart from identifying any obvious proprietary marking in Content that indicates an Exclusive Rights owner, Expoverse has no obligation to determine whether the Rights — in regards to any particular User Content — may belong to a party other than the Provider. Expoverse relies on properly presented notifications from third parties claiming that their rights have been violated.
1.4 No Third Party Coverage.
This Agreement does not cover your rights or responsibilities with respect to Third Party Content or any websites or links that may direct your browser or your connection to Third Party websites or webpages.
Definitions:
1.5 Terminology.
When interpreting this Agreement, ordinary words are to be interpreted according to their ordinary meaning, and trade terms and technical terms are to be interpreted according to their trade or technical meaning. Capital words not otherwise defined herein by this Agreement shall have the meanings ascribed to them in the Expoverse Terminology Glossary ("ETG"), of which a copy can be found at [https://www.expoverse.com/legal/archaeology-glossary.html].
1.6 The ETG was created specifically for the purpose of clarifying the use of important featured terminology, some of which may otherwise possess more than one definition or interpretations that differ from commentator to commentator; however, if any discrepancy arises as to the correct interpretation of a contractual term or sentence defined in this Agreement vs. the ETG, the interpretation referenced in this Agreement shall be considered correct and prevalent and supersede.
2.1 Expoverse.com and associated Expoverse Services, including Expoverse websites, CDNs and mirrors around the world, are provided and controlled by Expoverse Entertainment Group LLC dba Expoverse (est. 2013) of 1580 N Logan St Suite 660 PMB 48256, Denver, CO 80203-1994, United States — a U.S. based, privately-owned Colorado limited liability company.
3.1 Intellectual Property (IP).
The Expoverse™ logo, EV™ logo and slogans — in addition to the look and feel of the Expoverse Site, including all page headers, custom graphics, button, icons, scripts and derivatives thereof — are the trademarked property of Expoverse Entertainment Group LLC dba Expoverse.
3.2 Unless otherwise indicated, all of the Content and related informational Materials in any medium provided, featured or displayed on the Expoverse Site, including, but not limited to, text, graphics, data, photographic images, moving images, musical compositions, sound recordings, illustrations, software, and the selection and arrangement thereof are owned by Expoverse and/or its Clients, Content Providers, registered Users, advertisers, Licensors, suppliers, Expoverse Service providers, promotional Partners and/or Sponsors (all of the foregoing, individually and/or collectively, is referred to as "Content" or "Material") controlled by or Licensed to Expoverse, and protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, registered trademarks, Product names and company names or logos mentioned in the Expoverse Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Expoverse.
3.3 Prohibitions.
The look and feel of the Expoverse Site (including all page headers, custom graphics, button icons and scripts); the Expoverse Service mark, trademark and/or trade dress of Expoverse may not be copied, imitated or used, in whole or in part, without the prior written permission of Expoverse.
3.4 You are STRICTLY PROHIBITED from reproducing, duplicating, distributing (including by way of email, facsimile or other electronic means), publicizing, modifying, creating derivative works or Materials that derive from or are based on the Materials contained on the Expoverse Site including, without limitation, any text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads and data compilations, photographs, audio or video Material or stills from audiovisual Material, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise, and other unauthorized copying or use of stills, audio, video footage, or any other Materials contained in any Expoverse Site unless you have obtained prior written consent from a legally authorized Expoverse representative, or unless it is expressly permitted to do so. This prohibition applies regardless of whether the derivative Materials are sold, bartered or given away. The use of Materials from any Expoverse Site on any other website or networked computer environment; or the transmission of Material from any Expoverse Site (pushing, hot-linking, etc.) is similarly prohibited.
(a) Links.
You may not use an Expoverse logo or other proprietary graphic of Expoverse to link to the Expoverse Site without the express written permission of Expoverse. Furthermore, you may not frame any Expoverse trademark, logo or other proprietary information, including the Expoverse Content, without Expoverses' express written consent.
3.5 Copyright Permission Requests.
Requests for permission to reproduce or distribute Materials found on the Expoverse Site can be made by contacting Expoverse in writing by email at licensing@expoverse.com.
3.6 Questions.
If you have any questions please send an e-mail to dmca@expoverse.com.
4.1 Branding Guidelines.
In an effort to protect both Expoverse trademark from being diluted, in accordance with U.S. law, the following branding guidelines have been established; that discuss how the logo and icons may be used.
4.2 Proper Usage of Names.
If a Product or Service name is not listed as an Expoverse Trademark or Expoverse Service Mark, it should not be followed by a ,
, or
notation and should not be included in credit lines. However, if a Product or Service name includes EV, Expoverse, or another Expoverse mark listed in the Expoverse trademark list, do apply the correct trademark symbol (
,
, or
) to that portion of the name for U.S. publications only. In addition, all Expoverse trademarks need to be given the correct attribution in the credit section of all U.S. and international publications.
(a) Example: An Expoverse
EV Expo
comes with the EV Media Cloud
service.
(b) Credit line: Expoverse, EV Expo and EV Media Cloud are trademarks of Expoverse Entertainment Group LLC, registered in the U.S.
5.1 Products or Services.
Expoverse will solely, and at its own discretion, price the products or services featured on the Expoverse Site, including, without limit to, any Expoverse branded/co-branded products, Expoverse services, or Third Party products distributed by Expoverse from the Expoverse Site.
5.2 Third Party Products.
Expoverse allows Third Party Product owners ("Product Providers") to suggest prices, however Expoverse is under no obligation to comply and will solely, and at its own discretion, price the products featured on the Expoverse Site. Expoverse also reserves the right to change prices for Products or Services at any time.
6.6 You are only authorized to access our Site or to use the Materials and Expoverse Services contained on the Expoverse Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave immediately. Any questions or comments regarding, or problems with, this or any other Expoverse Site should be sent to the Expoverse Administration at support@expoverse.com.
6.7 You may use information on products and services (such as data sheets, knowledge base articles, and similar Materials) purposely made available by Expoverse for downloading from the Expoverse Site, provided that you:
(a) do not remove any proprietary notice language in all copies of such documents;
(b) use such information only for your personal, non-commercial informational purpose and do not copy or Post such information in any Media or on any networked computer or broadcast it through any media channels;
(c) make no modifications to any such information;
(d) not make any additional representations or warranties relating to such documents.
6.8 If you become aware of misuse of Expoverse by any person, please contact the Expoverse Administrator at support@expoverse.com with your concerns.
7.1 Age Requirements.
The Expoverse Site is offered and made available only to Users 13 years of age or older. If you are not able to enter into legally binding Contracts under applicable law, you must have a parent or legal guardian carefully read and agree to these Terms of Expoverse Service on your behalf. If you are not yet 13 years old, or your use of the Expoverse Site is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Expoverse Terms of Service, please discontinue using the Expoverse Site immediately because by using or attempting to use the Expoverse Site, you certify that you are at least 13 years of age and meet all other eligibility requirements for your use of the Expoverse Site and related Expoverse Services and are not a person barred from purchasing or receiving the Expoverse Services found at the Expoverse Site under the laws of the United States or other applicable jurisdiction.
7.2 Public Areas.
There are portions of the Expoverse Site that Expoverse makes available to any User in the general public without registering and you may visit and browse those portions without charge or obligation; provided, however, Expoverse reserves the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.
7.3 Registering Accounts.
In order to access some of the features of the Expoverse Site, or use some of the Expoverse Services found at the Expoverse Site, you will have to register instantly — or apply for — one or more Expoverse Account(s). You represent and warrant to Expoverse that you will keep your Personal Information accurate, current and complete. Expoverse reserves sole discretion over whether to grant you any Expoverse Account(s). If Expoverse has reason to believe that any registration information is untrue, inaccurate, out-of-date or incomplete, Expoverse reserves the right, in its sole and absolute discretion, to suspend or terminate any such Expoverse Account(s). In consideration of the Expoverse Site registration process, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Expoverse Site ("Registration Data");
(b) maintain and promptly update the Registration Data, and any other information you provide to Expoverse, to keep it accurate, current and complete;
(c) maintain the security of your Password and identification;
(d) notify Expoverse immediately of any unauthorized use of your account or other breach of security;
(e) accept all responsibility for any and all activities that occur under your account;
(f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Expoverse.
7.4 User Liability.
You shall be liable for Payment for any Expoverse Services or Upgrades purchased by others using your account, with or without your permission or knowledge prior to the time that you notify Expoverse of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Expoverse Account(s) or web site or related Expoverse Services. At anytime, you may request your Account access to be restricted, but Expoverse reserves the right to delay your request until all requirements of this Agreement are met. Only Expoverse Account(s) without any activity related to the Expoverse Site's Expoverse products or services can be permanently deleted. Accounts with activity will be blocked and archived on our servers for further reference. Access to these Account is limited and provided only to a part of the Expoverse Site's admin staff, for legal purposes.
7.5 Login Information.
As part of the registration process, you will need to select and provide Expoverse with a unique User name and choose a Password (or Expoverse may assign an initial User name and Password which Expoverse may also give you the option to change) which must form a unique combination (a User "name" or "ID"), and Expoverse may also request that you provide your e-mail address, and may request that you provide other information as Expoverse may require to register and activate your Account. You agree to access the authorized sections of the web site and your Account only by using your login information (username and password).
7.6 Individual User ID's.
Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances. You are solely responsible for the activity that occurs on your Expoverse Account(s), whether authorized by you or not, and Expoverse is not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, disclosure or your authorization of anyone else to use your User ID. You, however, may be liable for any loss Expoverse or others incur caused by your Expoverse Account(s), whether caused by you, or by an authorized person, or by an unauthorized person. You agree to immediately notify Expoverse if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or any other need to deactivate your User ID due to security concerns.
7.7 Private Areas.
Expoverse may also, from time to time and at any time, provide users with additional codes or Passwords necessary to access and use certain Expoverse Services, features or functions of the Expoverse Site.
7.8 Data Transfer, Personal Information and Privacy.
Please read the Expoverse Privacy Policy, which describes the non-public, personally identifiable information ("Personal Information") Expoverse may collect, use, disclose, manage and store. If you are visiting the Expoverse Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting the Expoverse Site and communicating electronically with us, you consent to such transfers.
8.1 Additionally Applicable Terms.
The Expoverse Site contains various Expoverse Services that require separate, additional Agreements. This includes, but is not limited to: submission of content for commercial use, Product Provider and Affiliate Partner accounts, Member only areas, and BETA User critique sections. Additional terms will be set out at the point of access to the relevant Expoverse Services. You agree to the individual terms and conditions for any such Expoverse Services.
8.2 Acknowledgment of Other Terms.
You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such features or Expoverse Services.
8.3 Conflict and Prevalence.
In the event that an Agreement such as described in Section 8.1 exists — if there is a conflict between this Agreement and the terms posted for, or applicable to, a specific portion of the Expoverse Site, or for any Expoverse Services offered on or through the Expoverse Site — the discrepancy shall be interpreted in accordance with the other Agreement and the latter terms shall control with respect to your use of that portion of the Expoverse Site or the specific Expoverse Services, rather than this Agreement. However, to the extent that both or multiple Agreements are capable of applying without conflict, they shall be interpreted in harmony with one-another.
8.4 Governance.
Expoverse's obligations, if any, with regard to Expoverse Services, are governed solely by the Agreements pursuant to which they are provided, and nothing on the Expoverse Site should be construed to alter such Agreements. Expoverse may make changes to any Expoverse Services offered on the Expoverse Site, or to the applicable prices for any such Expoverse Services, at any time, without notice. The Materials on the Expoverse Site with respect to Expoverse Services may be out of date, and Expoverse makes no commitment to update the Materials on the Expoverse Site with respect to such Expoverse Services.
8.5 Incorporated Terms.
The following terms also govern and apply to your use of the Expoverse Site, and they are incorporated herein by this reference:
(a) Expoverse Trademarks & Copyrights
(b) Unsolicited Submission Agreement
(c) Copyright Policy
(d) Privacy Policy
8.6 Validity; Changes.
Each of the above policies may be changed from time to time and are effective immediately upon Posting such changes on the Expoverse Site.
9.1 Changes in Policy.
Expoverse reserves the right, at any time and from time to time, for any reason in Expoverse's sole discretion, to change the terms of this, or any other Expoverse legal Agreement. Expoverse will Post or display notices of Material changes to Agreement's on the Expoverse Site and Expoverse may also e-mail you about these changes. Once Expoverse Posts them on the Expoverse Site, these changes become effective immediately and if you use the Expoverse Site or Expoverse Service after they become effective it will signify your acceptance to be bound by the changes.
9.2 Update Verification.
You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your Agreement with Expoverse.
9.3 Expoverse's Rights.
Expoverse also reserves the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the Expoverse Site at any time, without any liability or obligation to you, with or without notice.
10.1 Expoverse's Privacy Policy.
Your privacy is very important to Expoverse. Please see the Expoverse Privacy Policy (which is incorporated into this Agreement) to familiarize yourself with important information and disclosures relating to Expoverse's collection and use of your Personal Information in connection with your use of the Expoverse Site and Expoverse Services.
10.2 Expoverse's Privacy Practices.
If you have any questions regarding Expoverse's privacy practices, you may send your question by e-mail to [support@expoverse.com].
11.1 The Expoverse Site, including all Materials and intellectual property including, without limitation to, Software, code, design, text, images, photographs, illustrations, audio and video Material, Media files, artwork, graphic Material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, poetry, novels, movies, songs, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protected elements of the Expoverse Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, are the property of Expoverse and/or its Clients, content and product Providers, registered Users, Advertisers, Licensors, suppliers, Expoverse service providers, Affiliate Resellers, promotional Partners and/or Sponsors (all of the foregoing, individually and/or collectively, is referred to herein as "Content" or "Material").
11.2 Unless the context clearly requires otherwise or Expoverse explicitly says so in writing, the terms "Site" and "Network" include "Content" as well. Expoverse authorizes you to access Content and grants you the right to use the Expoverse Site and Network solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever unless Expoverse explicitly and specifically notifies you otherwise in writing.
11.3 You must not alter, delete or conceal any Copyright or other notices contained on the Expoverse Site, including notices on any Content you download, transmit, display, print or reproduce from the Expoverse Site. Unless Expoverse explicitly and specifically notifies you otherwise in writing, you shall not, nor will you allow any Third Party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, Upload, transmit, disseminate, broadcast or circulate to any Third Party (including, without limitation, on or via a Third Party website) or otherwise use, any Content without the express prior written consent of Expoverse unless explicitly given permission by Expoverse. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. Content transmitted by users using the EV Plugs Service is subject to the EV Plugs Service terms and conditions that apply specifically to that Expoverse Service.
11.4 You may not use any computerized or automatic mechanism, including without limitation, any web scraper, spider or robot, to access, extract or download any Content from the Expoverse Site, unless you are expressly authorized to do so by Expoverse. As an express condition of your use of the Expoverse Site, you warrant to Expoverse that you will not use the Expoverse Site for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Expoverse makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the Expoverse Site.
11.5 Expoverse requires Users to respect all of Expoverse's Copyrights, trademarks, and other intellectual property rights and those of others, including other Users. On notice, Expoverse will act expeditiously to remove Content on the Expoverse Site that infringes the Copyright rights of others and will disable anyones access to the Expoverse Site and the Expoverse Services who uses them to repeatedly to infringe the intellectual property rights of others. Specific procedures to notify us about Copyright infringement can be found in our section entitled "Claims of Copyright Infringement".
11.6 The brands, names, logos, trade names, trademarks, Expoverse Service marks and other distinctive identifications ("marks") on or of the Expoverse Site, including, without limitation, "Expoverse", "Expoverse Network", and "EV" are the intellectual property of and proprietary to Expoverse, its Affiliates and the Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of Expoverse or the appropriate owners of the marks.
12.1 The Online community consists of not only children, but readers/viewers with varying ages, backgrounds and preferences. Therefore, Expoverse has a responsibility in carrying out an appropriate Content Rating System (or "CRS") to protect the rights on adequate information for all Users equally. Expoverse implements a CRS at most Expoverse Site locations and webpages that contain media Content whether video, images, text, audio or otherwise in order to accomplish the following:
(a) protect children on the Internet;
(b) protect freedom of expression on the Internet; and
(c) set up a hotline to handle complaints about obscene and indecent Content on Expoverse.
12.2 The reasons for a rating being associated with any particular Content might not be readily apparent from the rating itself; potentially relevant factors may include but not limited to:
(a) the nature of the language used;
(b) graphic violence being presented in the text or media files; and
(c) certain types of "explicit images" being exposed.
12.3 Expoverse, in Expoverse's sole discretion, will decide the Rating displayed for any and/or all Content located on the Expoverse Site and Expoverse reserves the right, at any time and from time to time, for any reason whatsoever, at any time, without any liability or obligation to you, with or without notice, change the Rating displayed at any Expoverse Network location as defined in this Agreement.
12.4 Expoverse may Post or display notices of Material changes on the Expoverse Site and Expoverse may also e-mail you about these changes. Once Expoverse Posts them on the Expoverse Site, these changes become effective immediately and if you use Expoverse after they become effective it will signify your agreement to be bound by the changes.
12.5 Expoverse's CRS System - Display examples and definitions:
G - General PG - Parental Guidance Recommended M - Recommended for Mature Audiences MA - Not Suitable for People Under 15. Under 15 to be Monitored by a Parent or Adult Guardian R - Restricted to Ages 18 and Over X - Restricted to Ages 18 and Over
12.6 You should check back frequently and review these CRS definitions regularly so you are aware of the most current definitions that apply to Expoverse's Content and the terms and conditions of your Agreement with Expoverse.
12.7 Expoverse also reserves the right to change, modify, withdraw, suspend or even permanently discontinue all or any portion/s of Expoverse's CRS System at any time, without any liability or obligation to you, with or without notice.
13.1 You are welcome to Post, transmit or Submit messages and other Materials (which include the Upload of any file/s, inputting data or any other Materials, blogging, or engaging in any form of communication in connection with the Expoverse Site), collectively referred to as "User Content", Posted to any bulletin boards, chat rooms, forums or other areas within, or in connection with the Expoverse Site (collectively "Public Areas"). You are solely responsible for such User Content and Expoverse accepts no responsibility whatsoever in connection with or arising from such User Content.
13.2 Expoverse does not endorse and has no control over the Content Submitted by Users to Public Areas of the Expoverse Site. User Content Submitted to Public Areas is not necessarily reviewed by Expoverse prior to Posting and does not necessarily reflect the opinions or policies of Expoverse. Expoverse makes no warranties, express or implied, as to such User Content or its accuracy and reliability. Nonetheless, Expoverse reserves the right to prevent you from Submitting Content to Public Areas and to edit, restrict or remove such Content for any reason at any time. Expoverse may remove any form of cursing contained in the User Content with a swear filter application if and to the extent you do not otherwise opt out of such filter.
13.3 Expoverse assumes no responsibility for actively monitoring Public Areas for inappropriate User Content. If, at any time Expoverse chooses, in its sole discretion, to monitor the Public Areas, Expoverse nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User Submitting any Content. In Submitting Content to Public Areas, you agree to strictly limit yourself to discussions about the subject matter for which the Public Areas are intended. You agree that Expoverse accepts no liability whatsoever if it determines to prevent your User Content from being Submitted or if it edits, restricts or removes your Content. You also agree to permit any other User of the Expoverse Site to access, view, store or reproduce the Material for that other User's personal use and not to restrict or inhibit the use of the Expoverse Site by any other person.
13.4 You agree to release Expoverse, its Parents and Affiliates together with their respective Employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Public Areas. If at any time you are not happy with the Public Areas or object to any Material within Public Areas, your sole remedy is to cease using them.
14.1 General.
Submitting User Content/Material to be used on the Expoverse Site grants Expoverse a non-exclusive, worldwide, transferable, assignable, fully paid, royalty-free, perpetual, irrevocable right and license to publicly perform, publicly display, broadcast, encode, reproduce, transmit, manufacture and distribute and re-distribute, create derivative works, in whole or in part, in any media formats and through any media channels (now known or hereafter developed or discovered), and to License and Sub-License such rights through multiple tiers of Sub-Licenses, all without any notification or obligation to you, of compensation, attribution or otherwise exploit the User Content in connection with the Distribution, sale, or promotion of the Expoverse Site and Expoverse Services, including any trademarks, Expoverse Service marks, or trade names incorporated into the User Content, as well as use the name and likeness of any individual whose performance is contained within in the User Content, or whose image is portrayed on the Material in connection with the promotion, distribution, re-production and performance of the User Content.
14.2 License Granted to Expoverse.
By Posting any User Content to the Expoverse Site Help Center, Workshop, Forum, or any other area of the Expoverse Site intended primarily for communication between Visitors, Members, and Expoverse Employees, you hereby grant to Expoverse a non-exclusive, fully paid and royalty-free, worldwide License to use, copy, Sub-License, adapt, transmit, translate, distribute, publicly perform, publicly display, modify, and translate such User Content. This License will terminate at the time such User Content is removed from the Expoverse Site by you or Expoverse.
14.3 You represent and warrant that:
(a) any User Content posted by you to the Expoverse Site is your or your own original work or legally Licensed and/or purchased, and contains no sampled or copyrighted Material, that you have full right and authorization to enter into and perform this Agreement, and have the right to grant the rights and Licenses described within this section;
(b) your User Content does not violate the privacy rights, publicity rights, Copyright rights, intellectual property rights, or any other rights of any person;
(c) the Posting of your User Content to areas of the Expoverse Site does not result in a breach of any contract between you and a Third Party;
(d) you have secured all Third Party consents necessary to enter into this Agreement, that the Material does not and will not infringe on any Third Party's Copyright, patent, trademark, trade secret, or other proprietary rights, rights of publicity or privacy, or moral rights;
(e) your User Content does not and will not violate any law, statute, ordinance or regulation;
(f) your User Content is not and will not be defamatory, trade libelous, pornographic or obscene;
(g) your User Content does not and will not contain any viruses or other programming routines that detrimentally interfere with the computer systems or data.
14.4 You agree to pay for all royalties, fees and any other monies owed to any person/entity by reason of any User Content you Post to the Expoverse Site.
14.5 You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
14.6 You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so.
14.7 You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property or assists any other person or group in doing so.
14.8 You agree not use your Account to knowingly and/or otherwise permit the violation of any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including the following:
(a) false or misleading header information;
(b) deceptive subject lines;
(c) failure to provide an opt-out method;
(d) failure to Identify the message as an advertisement;
(e) failure to include a physical postal address.
14.9 You agree not to make any inappropriate communication to any newsgroups, mailing list, chat facility, or other Internet forum provided or operated by Expoverse. Expoverse shall make the sole determination of what is "inappropriate".
14.10 You agree not to make or attempt any unauthorized access to any Expoverse operated Site or the Account/s of any Expoverse Customer or User.
14.11 You agree not to infringe any Copyright, trademark, patent, trade secret, or other proprietary rights of any Third Party, including, but not limited to, the unauthorized copying of copyrighted Material, the digitization and Distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
14.12 You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that you have with Expoverse and for three years thereafter.
14.13 You agree not to undertake any action which is harmful or potentially harmful to any Expoverse Site server structure.
14.14 You agree that Expoverse Site servers are owned by Expoverse; 3rd party owned servers hosting the Expoverse Site, in which the space allocated to and rented by Expoverse on the 3rd party server constitutes as Expoverse server space), including the space occupied by your Expoverse Account(s), is and remains the property of Expoverse. Your limited License to use the Expoverse Site and Expoverse Services is not subject to lease, sublease or any other sharing or transfer without the specific, express consent of Expoverse. You may not make your Expoverse Account(s) (including but not limited to web space, email accounts, bandwidth, storage space, or reseller rights) available to any Third Party in any way, including but not limited to the use of sub-domains, add-on domains, sub-directories, or by any other means.
14.15 You understand and agree that Expoverse Site server space is for business and personal website and webpage operations purposes only and not for unrelated data storage.
14.16 You agree not to utilize any link or referral which creates an offensive or unpleasant User experience.
14.17 You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise:
(a) any other Customer of Expoverse;
(b) any Agent or Affiliate of Expoverse;
(c) any Employee or Contractor of Expoverse;
(d) any other person affiliated with Expoverse.
15.1 You must use the Expoverse Site, Expoverse products, and services in a manner consistent with any and all applicable laws and regulations. The following is a partial list of the kinds of Content that is illegal or prohibited on the Expoverse Site.
15.2 Expoverse reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Expoverse Site and terminating the membership of such violators.
15.3 Prohibited Content includes Content that:
(a) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person;
(b) contains nudity, violence, or offensive subject matter;
(c) involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing;
(d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; exploits people in a sexual or violent manner;
(e) solicits Personal Information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses;
(f) violates the Copyright, trademark or other intellectual property rights of any other person;
(g) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(h) solicits Passwords or personal identifying information for commercial or unlawful purposes from other Users; and
(i) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes.
15.4 The following is a partial list of the kinds of activities that are illegal or prohibited on the Expoverse Site. Expoverse reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities.
15.5 Prohibited activity includes, but is not limited to:
(a) advertising to, or solicitation of, any Visitor or Member to buy or sell any products or Expoverse Services through the Expoverse Site;
(b) you may not transmit any chain letters or junk email to other Members;
(c) to use any Personal Information obtained from the Expoverse Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Expoverse Member, Customer, or User without their prior explicit consent. In order to protect Expoverse Members from such advertising or solicitation, Expoverse reserves the right to restrict the number of messages or emails which a Member may send to other Members in any 24-hour period to a number which Expoverse deems appropriate in its sole discretion;
(d) any automated use of the system;
(e) attempting to impersonate another User or person;
(f) using the Expoverse Account(s), User name, or Password of another Member at any time or disclosing your Password to any Third Party or permitting any Third Party to access your Expoverse Account(s);
(g) selling or otherwise transferring your EV Expo or your Expoverse Account(s);
(h) covering or obscuring the banner advertisements on Public Areas, or any Expoverse Site pages via HTML/CSS or any other means; and
(i) interfering with, disrupting, or creating an undue burden on the Expoverse Site or the networks or Expoverse Services connected to the Expoverse Site.
16.1 Expoverse, or any of its Employees, do not generally accept or consider unsolicited ideas including, without limitation, submissions of unsolicited sound recordings, musical compositions, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts, including ideas for new advertising campaigns, new promotions, new or improved products, services or technologies, product enhancements, processes, materials, marketing plans or new Product names.
16.2 Please do not Submit any unsolicited ideas, original creative artwork, suggestions or other works in any form to Expoverse or any of its Employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Expoverse's products, services, or marketing strategies might seem similar to ideas Submitted to Expoverse. If, despite Expoverse's request that you not send it your ideas, you still Submit them, then regardless of what your letter says, the following terms shall apply to unsolicited submissions sent to Expoverse via this or any other Expoverse Site.
16.3 Unsolicited emails and information sent to Expoverse will not be considered confidential, may be disclosed to others, may not receive a response, and do not create a relationship with Expoverse of any kind.If you are not already a client of Expoverse (e.g. Content Provider, Product Provider, etc.), please do not include any confidential information in messages. You represent and warrant that you have no rights of any kind to any information or materials that you submit to Expoverse as an Unsolicited Submission. Furthermore, you hereby grant Expoverse an unrestricted, perpetual, irrevocable license to use, display, perform, reproduce, adapt, modify, transmit and distribute all information and materials that you submit to Expoverse in any and all media. Finally, to the extent you submit to Expoverse any ideas, concepts, know-how, techniques or other materials and/or information of any kind, you agree that Expoverse is free to use any and all of the foregoing without further permission or payment to you or any Third Party.
16.4 While Expoverse encourages others to send their ideas about the Expoverse Site and current or upcoming Expoverse products and services, it must be made clear that any product idea submitted to Expoverse, either by word of mouth, email, telephone or other means immediately becomes the property of Expoverse. This means that if Expoverse develops your idea or an idea similar to yours, you will not be compensated and it also means that Expoverse can use the idea for any purpose, including giving it away.
16.5 Upon Submitting your idea.
When you submit any unsolicited idea(s) to Expoverse you acknowledge and agree that:
(a) you are not entitled to any compensation, credit or notice whatsoever;
(b) that by sending an unsolicited submission to Expoverse you waive the right to make any claim against Expoverse, its Parents or Affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality;
(c) Expoverse may use or redistribute unsolicited submissions and their contents for any purpose and in any way;
(d) there is no obligation for Expoverse to review any unsolicited submissions;
(e) there is no obligation for Expoverse to keep any unsolicited submissions confidential.
17.1 Expoverse may, from time to time, Post Expoverse employment opportunities on the Expoverse Site and/or invite users to Submit resumes. If you choose to Submit your name, contact information, resume and/or other Personal Information to Expoverse in response to employment listings, you are authorizing Expoverse to utilize this information for all lawful and legitimate hiring and employment purposes.
17.2 Expoverse also reserves the right, at its sole discretion, to forward the information you Submit to its Parents, subsidiaries and Affiliates for legitimate business purposes.
17.3 Nothing in this Agreement or contained in the Expoverse Site shall constitute a promise by Expoverse to interview, hire or employ any individual who Submits information to it, nor shall anything in this Agreement or contained in the Expoverse Site constitute a promise that Expoverse will review any or all of the information Submitted by users.
18.1 The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Expoverse Site or any other form of link or re-direction of your connection to, with or through the Expoverse Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Expoverse, its Affiliates or any of its or their respective officers, directors, Employees, agents, representatives, Licensors, suppliers, and Expoverse Service providers, successors and permitted assigns.
18.2 Expoverse does not verify, endorse, or have any responsibility for, any such Third Party sites, their business practices (including the Privacy Statement), or any products or services associated with or obtained in connection with any such site, regardless of whether or not Expoverse's or any Affiliates' logo or sponsorship identification is on the Third Party site as part of a co-branding or promotional arrangement.
18.3 If any Third Party site obtains or collects Personal Information from you, in no event shall Expoverse assume or have any responsibility or liability. Please read the Expoverse Privacy Policy which describes in detail how Expoverse collects and uses your Personal Information.
18.4 From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the Expoverse Services or obtain products and services of or from, third parties such as Expoverse's advertisers, sponsors, or promotional partners (collectively referred to as "Advertiser") as a result of or in connection with your use of the Expoverse Site. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and Expoverse shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and an Advertiser, or any products or services you may purchase or obtain from any Advertiser).
18.5 If you are interested in creating hypertext links to the Expoverse Site, you may contact Expoverse Business & Legal Affairs by email at legal@expoverse.com for any questions about doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Expoverse Site or Expoverse, including its respective Employees, agents, directors, officers and shareholders.
18.6 If Expoverse has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that Expoverse is connected with, operates, or controls these websites. Expoverse is not responsible for the Content or practices of any Third Party website that may be linked to the Expoverse Site and makes no representation or warranty regarding such websites or their Content.
18.7 The Expoverse Site may also be linked to other websites operated by companies affiliated or connected with Expoverse. When visiting other websites, however, you should refer to each such websites' individual "Terms of Expoverse Service/Use" and not rely on this Agreement.
18.8 Expoverse takes no responsibility for Third Party advertisements which are placed on the Expoverse Site, nor does it take any responsibility for the products or services provided by any Advertisers.
19.1 The Expoverse Site contains web communities, forums and other message and communication facilities (collectively "Communities") that may provide you and other Users an opportunity to Submit, Upload, Post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and User Content with other Users and/or with Expoverse and these are referred to in this Agreement as a "Post" or "Posting."
19.2 Expoverse reserves the right at all times, but does not have the obligation, to edit, refuse to Post, or to remove any Posting, in whole or part, that Expoverse deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are Public Areas and not Private Areas and you should assume your Postings may be read by others, with or without your knowledge or permission.
19.3 Although a particular Community may have a policy of limited membership or access, Expoverse shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your Personal Information in any Posting or in any Community.
19.4 You use the Communities solely at your own risk and Expoverse neither endorses nor controls User Postings available, delivered or displayed in the Communities and Expoverse assumes no duty to monitor or endorse Postings within the Communities, nor does Expoverse represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement and you should never rely upon any Posting as being true, accurate or reliable.
19.5 You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you (and not Expoverse) are entirely responsible for the consequences of all your Postings on the Communities or otherwise on the Expoverse Site.
19.6 Postings do not reflect the views of Expoverse or any Affiliates. In no event shall Expoverse or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if Expoverse determines, in Expoverse's sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, Expoverse reserves the right, at any time and without limiting any and all other rights Expoverse may have under this Agreement, at law or in equity, to:
(a) refuse to allow you to Post;
(b) remove and delete Postings;
(c) revoke your right to use the Communities and the Expoverse Site;
(d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Expoverse Site and/or the Communities.
19.7 If a Posting originates from you or your User ID, you hereby agree that:
(a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize Expoverse and Affiliates to display such Posting in whole or in part, throughout the universe;
(b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any Copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to Expoverse, any Affiliates or any User, and (vi) Expoverse shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting
(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant Expoverse and Affiliates the right to use such Posting as described above;
(d) Expoverse has the right to delete, re-format, Re-Post and/or change your Posting in any manner that Expoverse may determine (although you will not be responsible for any such changes made).
19.8 The amount of storage space on the Expoverse Site per User is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree Expoverse assumes no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings.
19.9 Posting is for non-commercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
20.1 Expoverse will process notices of alleged Copyright infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.
20.2 If you believe that any Site owned by Expoverse Entertainment Group LLC dba Expoverse contains elements that infringe your Copyrights in your work, please click on the below link to Submit a Copyright claim as required by the Digital Millennium Copyright Act (DMCA):
LINK: [https://www.expoverse.com/legal/copyright-policy.html]
20.3 If you believe that any Content on this or any other Site owned and operated by Expoverse Entertainment Group LLC (including, without limitation, any Posting) violates any of the terms or conditions of this Agreement, please send us a message about it to [dmca@expoverse.com]. Expoverse cannot guarantee a response to your message and Expoverse reserves the right to take or refrain from taking any or all steps available to us once Expoverse receives any such message.
21.1 Your use of the Expoverse Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties.
21.2 You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID.
21.3 You shall not use, allow, or enable others to use the Expoverse Site, or knowingly condone use of the Expoverse Site by others, in any manner that is, attempts to, or is likely to:
(a) be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
(b) affect Expoverse adversely or reflect negatively on Expoverse, Expoverse's goodwill, name or reputation or cause duress, distress or discomfort to Expoverse or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Expoverse Site, or from advertising, linking or becoming a supplier to Expoverse;
(c) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
(d) be used for commercial or business purposes, including, without limitation, advertising, marketing or offering products or services, whether or not for financial or any other form of compensation or through linking with any other website or webpages;
(e) transmit, distribute or Upload programs or Material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other Material or information;
(f) forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup Posting for any reason;
(g) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of Expoverse or of any other person, firm or enterprise;
(h) gain unauthorized access to the Expoverse Site's Private Areas, other Expoverse Users' Accounts, names, User IDs, Personal Information or other computers, websites or pages, connected or linked to the Expoverse Site or to use the Expoverse Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
(i) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Expoverse Site or the rights or use and enjoyment of the Expoverse Site by any other person, firm or enterprise;
(j) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any Material or information, whether personally identifiable or not, Posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Expoverse Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
22.1 From time to time, Expoverse, the Affiliates', or Expoverse Service providers, suppliers, and Advertisers may conduct promotions on or through the Expoverse Site, including, without limitation, games, auctions, contests and sweepstakes (collectively referred to as "Promotions").
22.2 Each Promotion may have additional rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement; provided, however, if there is any conflict between the rules for any particular Promotion and this Agreement, the rules and conditions of the Promotion shall govern for that Promotion.
23.1 Expoverse may disclose any information Expoverse has about you (including your identity) if Expoverse determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Expoverse Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Expoverse's rights or property, or the rights or property of Visitors to or Users of the Expoverse Site or Expoverse Services, including Expoverse's Customers.
23.2 Expoverse reserves the right at all times to disclose any information that Expoverse deems necessary to comply with any applicable law, regulation, legal process or governmental request. Expoverse also may disclose your information when Expoverse determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
23.3 You acknowledge and agree that Expoverse may preserve any transmittal or communication by you with Expoverse through the Expoverse Site or any Expoverse Services offered on or through the Expoverse Site, and may also disclose such data if required to do so by law or Expoverse determines that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the terms and conditions of this Agreement;
(c) respond to claims that any such data violates the rights of others;
(d) protect the rights, property or personal safety of Expoverse, its Employees, Users of or Visitors to the Expoverse Site, and the public.
23.4 You agree that Expoverse reserves the right and may, in its sole discretion, and without prior notice, terminate your access to the Expoverse Site and/or block your future access to the Expoverse Site if Expoverse determines that you have violated this Agreement or other Agreements or guidelines which may be associated with your use of the Expoverse Site.
23.5 You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to Expoverse, for which monetary damages would be inadequate, and you consent to Expoverse obtaining any injunctive or equitable relief that Expoverse deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Expoverse may have at law or in equity.
23.5 If Expoverse does take any legal action against you as a result of your violation of this Agreement, Expoverse will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Expoverse.
23.6 You agree that Expoverse will not be liable to you or to any Third Party for termination of your access to the Expoverse Site as a result of any violation of this Agreement.
23.7 You agree that Expoverse also may, in its sole discretion and without prior notice, terminate your access to the Expoverse Site, for cause, which includes, but is not limited to:
(a) requests by law enforcement or other government agencies;
(b) a request by you (self-initiated Account deletions);
(c) discontinuance or Material modification of the Expoverse Site or any Expoverse Service offered on or through the Expoverse Site;
(d) unexpected technical issues or problems.
23.8 You may terminate your registration and User ID, at any time and for any reason, by sending an e-mail requesting such deletion to accounts@expoverse.com along with with your User name (ID), Password, and registered e-mail address.
23.9 Rights Upon Termination:(a) Expoverse shall transfer, assign and make available to you all property and Material/s in Expoverse's possession or subject to Expoverse's control that are the property of you, subject to Payment in full of amounts due pursuant to this Agreement.
(b) Expoverse agrees to provide reasonable cooperation in arranging for the transfer of your property, investigate and report (to you) your interest(s) in any surviving Contracts, Licenses, Agreements, and all rights and claims thereto and therein.
(c) You agree that if any of your Content has been created into a derivative work created by Expoverse, it cannot be deleted by you, and that any and all Licenses granted regarding Posted/Submitted Content pursuant to this Agreement shall survive any termination of your Expoverse Account(s).
24.1 Independent entities.
You and Expoverse are independent entities, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
24.2 Authority; representation.
You will have no authority to make or accept any offers or representations on the behalf of Expoverse.
24.3 Misrepresentation.
You will not make any statement, whether to privately or publicly, on your site or otherwise, that reasonably would contradict anything in this Section.
25.1 Forward-Looking Statements.
This Site, and any documents issued by Expoverse and available through the Expoverse Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections.
25.2 Expectations; uncertainties.
These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements.
26.1 Information Accuracy.
The information contained within press releases issued by Expoverse should not be deemed accurate or current except as of the date the release was posted. Expoverse has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.
26.2 Forward-Looking Statements.
To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
27.1 Information Accuracy.
Expoverse may provide links to Third Party websites or Expoverse Services that contain financial information about Expoverse. Access to such websites and the information contained therein is provided as Expoverse Service to those interested in the information. Expoverse neither regularly monitors nor has control over the content of third parties' statements or websites. Accordingly, Expoverse does not endorse or adopt these websites or any information contained therein.
27.2 Disclaimer.
Expoverse makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of Third Party websites or other Third Party information that is identified on the Expoverse Site. Users visit these websites and use the information contained therein at their own risk.
28.1 Available as is.
THE EXPOVERSE SITE AND ALL EXPOVERSE SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE EXPOVERSE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EXPOVERSE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE EXPOVERSE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
28.2 No warranties whatsoever.
EXPOVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXPOVERSE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE EXPOVERSE SITE AND/OR ANY EXPOVERSE SERVICES . YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE EXPOVERSE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EXPOVERSE FOR DISSATISFACTION WITH THE EXPOVERSE SITE OR ANY CONTENT IS TO STOP USING THE EXPOVERSE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
28.3 Acknowledgment of disclaimer.
While Expoverse does its best to ensure the optimal performance of the Expoverse Site, you acknowledge that the above disclaimer applies to any damages, whether for breach of contract, tort, negligence or any other cause of action and without limiting the foregoing, Expoverse, its Parents and Affiliates together with their respective Employees, agents, directors, officers and shareholders, ARE NOT RESPONSIBLE OR LIABLE for any, including but not limited to, delays, inaccuracies, failures, errors, omissions, interruptions, malicious code, errors, omissions, deletions, defects, viruses, communication line failures, theft or destruction of or unauthorized access to, alteration of, damage or unauthorized access to your computer system or network arising out of your use of the Expoverse Site.
28.4 No damage liability.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER EXPOVERSE, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, Expoverse Service PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE EXPOVERSE SITE OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
28.5 Remedy for any loss or damage.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Expoverse, upon written notice from you, attempt to repair, correct or replace any deficient Expoverse products or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the Expoverse products and/or services involved and to terminate and discontinue your registration and use of the Expoverse Site.
28.6 Site performance limitations. You further understand and acknowledge the capacity of the Expoverse Site, in the aggregate and for each User, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some Expoverse Services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Expoverse assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Expoverse Site for any transactions or Postings.
28.7 Applicability of exclusions.
Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
28.8 Expoverse's rights.
Expoverse reserves the right to do any of the following, at any time, without notice:
(a) to modify, suspend or terminate operation of or access to the Expoverse Site, or any portion of the Expoverse Site, for any reason;
(b) to modify or change the Expoverse Site, or any portion of the Expoverse Site, and any applicable policies or terms; and
(c) to interrupt the operation of the Expoverse Site, or any portion of the Expoverse Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
29.1 No Liability.
Except where prohibited by law, in no event will Expoverse be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Expoverse has been advised of the possibility of such damages.
29.2 Limitation of liability.
If, notwithstanding the other provisions of this Agreement, Expoverse is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Expoverse Site or any Content, Expoverse's liability shall in no event exceed the greater of:
(a) the total of any Subscription or similar fees with respect to Expoverse products or services on the Expoverse Site paid in the six months prior to the date of the initial claim made against Expoverse (but not including the purchase price for any purchased products or any Membership or other recurring Fees).
(b) $100.00 US Dollars. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
30.1 Indemnification (by Expoverse).
Expoverse shall indemnify and hold you harmless with respect to any claims, loss, suit, liability or judgment suffered by you, including reasonable attorney's fees and costs, based upon or related to any item prepared by Expoverse or at Expoverse's direction, including, but not limited to, any claim of libel, slander, piracy, plagiarism, invasion of privacy, or infringement of Copyright or other intellectual property interest, except where any such claim arises out of Content Provided by you and incorporated into any Materials, products, productions, or advertisements prepared by Expoverse.
30.2 Collaboration.
In the event of any proceeding, litigation or suit against you by any regulatory or in the event of any court action or other proceeding challenging any content or advertising prepared by Expoverse, Expoverse shall assist in the preparation of the defense of such action or proceeding and cooperate with you and your attorneys.
30.3 Indemnification (of Expoverse).
You agree to indemnify, defend and hold Expoverse, its Parents and Affiliates together with their respective officers, directors, shareholders, employees, agents, licensors, representatives, predecessors, successors in interest, advertisers, Expoverse service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages, demands, claims or expenses (including reasonable attorneys' fees and costs), arising out of your use of the Expoverse Site, your failure to use the Expoverse Site, your breach or alleged breach of this Agreement, your breach or alleged breach of the Copyright, trademark, proprietary or other rights of third parties, or resulting from your Postings or any User Content you Provide, Submit or make available on or through the Expoverse Site or your unauthorized use of any Content.
30.4 Right to defend.
Expoverse reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Expoverse in the defense of any such claim, action, settlement or compromise negotiations, as requested by Expoverse.
31.1 Exportation.
You may not use or export or re-export any Content or any copy or adaptation of Content, or any Product or Expoverse Services offered on the Expoverse Site, in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations.
31.2 Full Agreement.
This Agreement, including, without limitation, our Privacy Policy, any rules and any additional terms and conditions that apply to your use of any specific Expoverse Services, features and functions, or the purchase of any products, as well as any other documents, policies and provisions Expoverse refers to in any of the foregoing, all of which are hereby incorporated by this reference, contains the entire understanding and Agreement between you and Expoverse and supersedes any and all prior, inconsistent or other understandings relating to Expoverse and your use of the Expoverse Site.
31.3 Modification.
This Agreement cannot be modified, changed or terminated, except as specifically described in the Section 23, Section 35, and Section 36.
31.4 Counter-offers.
Expoverse will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected.
31.5 No waiver.
Expoverse's failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Expoverse of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Expoverse and you or any other party be deemed to modify any provision of this Agreement.
31.6 Misinterpretation.
This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
31.7 International data — references, and implications.
Expoverse provides access to Expoverse international data and, therefore, may contain references or cross references to Expoverse products, Expoverse Programs and Expoverse Services that are not announced or available in your country. Such reference does not imply that Expoverse in your country intends to announce such products, programs or services.
31.8 Legality; Enforceability.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect, and that this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable.
31.9 Survival. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Expoverse Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
32.1 Jurisdiction; venue.
This Agreement and your use of the Expoverse Site, including all disputes, shall be governed by, construed and enforced in accordance with the substantive laws of the United States and the State of Colorado applicable to Contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you hereby consent to waive any objection to such jurisdiction or venue including on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise, provided, however, that notwithstanding the foregoing, you agree that Expoverse has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction (i.e., without regard to conflict of law's provisions) regardless of your location. Both parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
32.2 European Union consumers.
The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for Expoverse Products and the use of Expoverse Services are not subject to this limitation.
32.3 Damages; recovery.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Expoverse and you arising out of or in connection with your use of the Expoverse Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
32.4 Disputes; remedies.
If Expoverse is unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then either party may Submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
32.5 Proceedings.
In any action or proceeding commenced to enforce any right or obligation of the parties under this Agreement, your use of the Expoverse Site or with respect to the subject matter hereof, you hereby waive any right you may now have or hereafter possess to a trial by jury.
33.1 Regionality.
Expoverse administers and operates the Expoverse Site located at www.expoverse.com from its location in the United States, and other Expoverse Sites may be administered and operated from various locations outside the United States.
33.3 Regional limitations.
Although the Expoverse Site is accessible worldwide, not all features, Products or Expoverse Services discussed, referenced, provided or offered through or on the Expoverse Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States, and Expoverse reserves the right to limit, in its sole discretion, the provision and quantity of any feature, Product or Expoverse Service to any person or geographic area. Any offer for any feature, product or service made on the Expoverse Site is void where prohibited. If you choose to access the Expoverse Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. Also, please note that Expoverse does not operate in any country in which Expoverse is not properly permitted to do so by the United States Trade Commission.
33.4 Prohibited individuals.
Expoverse prohibits certain persons from receiving services pursuant to U.S. laws, including, without limitations, the Denied Persons List and the Entity List, and other lists issued by the U.S. Department of Commerce, Bureau of Industry and Security. This means users residing in countries on the United States Office of Foreign Assets Control (OFAC) sanction list, including Cuba, Iran, North Korea, Sudan, and Syria, may not post content to, or access content available through, Expoverse.com. Expoverse's need to follow those laws supersedes any wishes Expoverse might have to make the community as inclusive as possible.
34.1 Acknowledgment of terms.
You acknowledge that you have read this Agreement and agree to all its terms and conditions.
34.2 Solicitation; competition.
You understand that Expoverse may at any time (directly or indirectly) solicit Customer referrals on terms that may differ from those contained in this Agreement, or operate websites that are similar to or compete with your own website.
34.3 Independent evaluation.
You have independently evaluated the desirability of using the Expoverse Site and Expoverse Services and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
35.1 Default of material obligation.
In the event of any default of any material obligation by or owed by a party pursuant to this Agreement, then the other party may provide written notice of such default and if such default is not cured within ten (10) days of the written notice (e-mail headers and/or plain text signatures on e-mail messages shall be deemed signatures), then the non-defaulting party may terminate this Agreement.
36.1 Excusal from performance.
If performance of this Agreement by either party or any obligation hereunder (other than the Payment of money) is prevented, restricted or interfered with by causes beyond its reasonable control including, but not limited to acts of God, fire, explosion, vandalism, cable cut, storm or other similar occurrence, any law, order, regulation, direction, action or request of any federal, state, provincial or local governments, or of any national, provincial or local department, agency, commission, court, bureau, corporation or other government instrumentality, or of any civil or military authority, or by national emergencies, insurrections, riots, wars, strikes, lockouts or work stoppages or other labor difficulties, supplier failures or shortages, then such party shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference.
36.2 Notification.
The party claiming force majeure shall notify the other party and shall use reasonable efforts under the circumstances to avoid or remove such force majeure.
36.3 Termination rights.
If the force majeure lasts for more than thirty 30 days, either party may terminate this Agreement on written notice.
37.1 Delivery.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery.
37.2 Admissibility.
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.
38.1 Convenience headings.
Headings used in this Agreement, which includes any text in bold following a Sections paragraph id number, are provided for convenience only and shall not be used to construe meaning or intent.
39.1 Under the Electronic Signatures in Global and National Commerce Act (E-Sign), all electronically executed documents are legally binding in the same manner as are hard copy documents executed by hand signature when:
(a) ISO or User’s electronic signature is associated with the Agreement and related documents,
(b) ISO or User consents and intends to be bound by the Agreement and related documents, and
(c) the Agreement is delivered in an electronic record capable of retention by the recipient at the time of receipt (i.e., print or otherwise store the electronic record).
39.2 When accepted in electronic form, any and all related electronic documents shall be governed by the provisions of E-Sign. By pressing "Submit", "Accept" or "I Agree", you are agreeing:
(a) that the Agreement and related documents shall be effective by electronic means,
(b) to be bound by the terms and conditions of this Agreement and related documents, and
(c) that you have had the ability to print or otherwise store the Agreement and related documents.