Eligibility for ExtMatrix Services
Our Services are available only to individual and legal entities in good legal standing that can form legally binding contracts under applicable law. User hereby represents that he/she is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for User.
You may upload on the Services, Content created by you or for which you have received express permission from the owner so that other users may view and download said Content. You assume all risk and liability for the Content you upload. You grant, transfer and assign to ExtMatrix and its successors, assigns and licensees, FOR THE SOLE PURPOSE of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, and archive (if applicable) the Content.
You, not ExtMatrix, are solely responsible for the Content you upload and store on ExtMatrix servers. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that ExtMatrix reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates this Agreement, its Intellectual Property Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion. You understand that you may be exposed to offending Content and waive your right to any damages.
User is solely responsible for maintaining the confidentiality of User access information, i.e. account ID's and passwords of its Authorized Users, and are responsible for all activities that occur under your account.
You acknowledge that all materials (except those uploaded by users) provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, software and services (collectively "Materials"), are provided either by ExtMatrix or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by ExtMatrix and/or its Third Party Providers. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. ExtMatrix, the ExtMatrix logo and other ExtMatrix products referenced herein are trademarks of ExtMatrix, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols may be the trademarks of their respective owners.
User represents and warrants that the information it provides in ExtMatrix contact information forms is true, accurate, current and complete. User agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by User is untrue, inaccurate, not current or incomplete, ExtMatrix will have the right to suspend or terminate User's account and this Agreement.
User may designate persons to act as its agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for User. Furthermore, User represents and warrants that each person who registers under User's account is an authorized agent of User (an "Authorized User") who has such legal capacity.
User is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) by any Authorized User and/or User ID registered under User's account, unless such access to or use of the Services is the direct result solely of the gross negligence of ExtMatrix. It is User's responsibility, through its systems administrator Authorized User, to set the appropriate access for each of User's Authorized Users.
User has sole responsibility and liability for the data its stores on ExtMatrix's servers. User controls its data through its generated link. ExtMatrix encourages User to archive its data regularly and frequently; User bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. User agrees to maintain its data in compliance with its legal obligations. ExtMatrix will delete User data upon termination of this Agreement. However, ExtMatrix may retain User data in its archives after deletion and will not be liable to User in any way for such retained data.
You agree to NOT use ExtMatrix 's Service to:
upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death or other illegal acts; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
harm minors in any way, this includes all and any form of child pornography; users involved will be permanently removed from the service, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted without notice or delay;
upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
upload any content related to animals sex, violence, scat or any other illegal content. Uploading any of listed above files will get your account closed.
User will immediately notify ExtMatrix if User notices any activity indicating that User's account or data is being used without authorization, including: (a) User has received confirmation of an order or orders placed using User's account which User did not place or any similar conflicting report; or (b) User becomes aware of any unauthorized use of any product or service related to its account(s).
ExtMatrix neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation. ExtMatrix reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice. Further, should User violate this policy, ExtMatrix will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about User, User's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
User shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.
Access and Interference
Violations or attempts to violate ExtMatrix systems or to interrupt ExtMatrix services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:(a) Unauthorized access to or use of ExtMatrix Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of ExtMatrix; or (b) Interference with Service to any User or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (d) Any action that imposes an unreasonable or disproportionately large load on ExtMatrix 's infrastructure. User shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services
ExtMatrix Services may be used only for lawful purposes. ExtMatrix has a zero tolerance approach towards any infringement and as an ISP is in full compliance with the United States Digital Millennium Copyright Act ("DMCA"). ExtMatrix operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found here www.ExtMatrix.com/dmca. As part of ExtMatrix 's copyright policy, ExtMatrix will terminate user access to the Website if a user has been determined to be a repeat infringer.
Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. ExtMatrix reserves the right to suspend or terminate a User's transmission(s) that, in ExtMatrix's discretion, violates these policies or violates any law or regulation.
You acknowledge and agree that you are solely responsible for the content that you upload, store or share with others using the Service (collectively "User Content"), and for the consequences of uploading, storing or sharing any User Content. You agree that you will not use the Service to upload, store, or share User Content that you did not create or that you do not have permission to upload, store, and share. You promise that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that may be needed to upload, store, or share your User Content. By uploading, storing, or sharing any User Content, you promise that doing so does not infringe any intellectual property rights of another person. You agree that you will not use the Service or the Site to post, transmit, or share child pornography. The use of the Service or the Site to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities and will result in termination of your account.
You understand and agree that ExtMatrix may immediately suspend access to, terminate or remove, without notice, any account or content that violates any of these prohibitions. You agree that you will comply with all applicable terms, conditions and rules regarding the use of any website, forum, or service in or through which any link to content uploaded and stored using the Service is posted or distributed. You understand and agree that failure to do so may result in the suspension or termination of your account or of access to the Service. You understand that ExtMatrix does not promise that User Content you upload, store, or share using the Service will be maintained by ExtMatrix. You are solely responsible for creating backup copies of and replacing any and all User Content, at your own cost and expense. You agree that ExtMatrix has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. ExtMatrix retains the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads and any other aspect of the Service, at its sole discretion and at any time, with or without notice.
ExtMatrix will not routinely screen, monitor, review or revise User Content uploaded, stored, or shared using the Service. However, ExtMatrix may review any such content and ExtMatrix reserves the right to refuse to accept, store, or permit the sharing of any User Content, to remove any User Content from the Service, and to prevent the uploading, storage, or sharing of any User Content. ExtMatrix does not endorse or support any User Content. ExtMatrix does not guarantee the accuracy or reliability of any User Content. ExtMatrix does not guarantee that User Content does not infringe third party rights, including intellectual property rights. ExtMatrix does not guarantee that User Content will not be harmful or offensive. ExtMatrix does not guarantee that User Content will comply with these Terms of Service. You acknowledge that any use of or reliance on User Content obtained through the Service will be at your own risk. If you become aware of any User Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform ExtMatrix.
ExtMatrix permits the uploading of content and the hosting, sharing and publishing of such user uploads through links. You understand that whether or not such User uploads are published and/or uploaded, ExtMatrix does not guarantee any confidentiality with respect to any uploads.
ExtMatrix allows/permits you to link to materials on the Website for personal, commercial and non-commercial purposes only. ExtMatrix reserves the right to discontinue any aspect of the ExtMatrix website at any time.
You shall be solely responsible for any and all of your own uploads and the consequences of posting, uploading and publishing them. Furthermore, with uploaded content, you affirm, represent and/or warrant that:
you own or retain the necessary licenses, rights, consents, and permissions to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights; and
You retain all of your ownership rights in your uploads.
In submitting material (video or other communication), you further agree that you shall not:
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ExtMatrix all of the license rights granted herein;
publish falsehoods or misrepresentations that could damage ExtMatrix or any third party;
submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
Upload any and all viruses.
Impersonate another person. ExtMatrix does not endorse any User uploads or any opinion, recommendation, or advice expressed therein and ExtMatrix expressly disclaims any and all liability in connection with User uploads. ExtMatrix does not permit copyright infringing activities and infringement of intellectual property rights through its service and ExtMatrix will remove all Content and User uploads if properly notified that such Content or User uploads infringes on another's intellectual property rights. ExtMatrix reserves the right to remove Content and User uploads without prior notice or delay. ExtMatrix will also terminate a User's access to its Service, if they are determined to be an infringer. ExtMatrix also reserves the right to decide in its sole and unfettered discretion, whether User uploads are appropriate and comply with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. ExtMatrix may remove such User uploads and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand and acknowledge that when using ExtMatrix.com, you will be exposed to User uploads from a variety of sources and that ExtMatrix is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User uploads. You further understand and acknowledge that you may be exposed to User uploads that are inaccurate, offensive, indecent, or objectionable and you agree to waive and hereby do waive any legal or equitable rights or remedies you have or may have against ExtMatrix with respect thereto and agree to indemnify and hold ExtMatrix, its Owners, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
You agree that ExtMatrix may at its sole discretion have the right to refuse to publish, remove, or block access to any User uploads that is available via the Website at any time, for any reason, or for no reason at all, with or without notice.
ExtMatrix provides its website as a service to its users. However, ExtMatrix assumes no responsibility whatsoever for monitoring the ExtMatrix Services for inappropriate content or conduct. ExtMatrix assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the User uploads of any such content. ExtMatrix may review and delete any User uploads that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the uploads that you make available to any third-party website provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
Termination of Accounts
We have a policy of terminating, without notice and without recourse, accounts of subscribers or account holders who are repeat infringers of copyright and you agree that we may apply that policy to your account or subscription in our sole judgment based upon a suspicion on our part or a notification we receive regardless of proof of infringement.
A User's access to ExtMatrix will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly.
User shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on ExtMatrix servers.
Whether lawful or unlawful, ExtMatrix reserves the right to determine what is harmful to its Users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet. Please be aware ExtMatrix reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, ExtMatrix will refer complaints to law enforcement authorities, and in such case, ExtMatrix will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering User accounts and data information. Complaints about violators of our Policy should be sent via e-mail to abuse@ExtMatrix.com. Each complaint will be investigated and may result in immediate cancellation of Services without prior notice.
Limitation of Liability
Your use of ExtMatrix is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that ExtMatrix shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.
User and ExtMatrix are strictly independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
User may not assign any of its rights, or delegate any of its duties, under this Agreement and any attempted assignment will be null and void.
Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond ExtMatrix 's control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
ExtMatrix Confidential Information
You represent and warrant to ExtMatrix that you are not a competitor of ExtMatrix AND you shall keep publicly unannounced information and materials pertaining to ExtMatrix, pre-release software, testing or testing procedures strictly confidential AND you shall not use any information gained from access to the ExtMatrix Website or use of the ExtMatrix Services to compete with ExtMatrix in its business.
Except for other agreements or terms appearing on the Web site, this Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.