1. ACCEPTANCE OF TERMS
The services that Exversa Production provides to User is subject to the following Terms of Use ("TOU"). Exversa production reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.
A. This Agreement, which incorporates by reference other provisions applicable to use of www.exversaproduction.com, including, but not limited to, supplemental terms and conditions set forth hereof governing the use of certain specific material contained in www.exversaproduction.com, sets forth the terms and conditions that apply to use of www.exversaproduction.com by User. By using Exversa Production (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use www.exversaproduction.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s) if any.
B. Exversa Production shall have the right at any time to change or discontinue any aspect or feature of www.exversaproduction.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS
Certain content, features and functionality on the Sites may be owned and operated by third parties (collectively, “Third Party Providers”), including but not limited to trailers of motion pictures (collectively, “Third Party Content”). Notwithstanding anything to the contrary in these Terms of Use, we may indicate on the Sites that certain Third-Party Content is subject to separate terms and conditions. You acknowledge that these Terms of Use will not apply to your use of any such Third-Party Content.
3. USE OF CONTENT
The Sites, including but not limited to content, text, data, design, graphics, logos, icons, images, photography, video, audio, downloads, interfaces, code, software, systems, processes, products, features and tools, and the design, selection, arrangement and “look and feel” thereof and all intellectual property associated with the foregoing, but specifically excluding Third Party Content (collectively, the “Content”), is the property of the Exversa production or its licensors. Upon your acceptance of these Terms of Use, the Exversa production grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, use, download and print the Content for your personal and non-commercial informational use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content. Any other use of the Sites or any Content, including but not limited to the modification, reproduction, distribution, transmission, display, performance, broadcast, publication, licensing, reverse engineering or resale of, or the creation of derivative works from the Sites or any Content, is expressly prohibited, unless you obtain the prior written consent of Exversa production. You agree to abide by all additional restrictions displayed on the Sites as they may be updated from time to time. The Exversa production may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by the Exversa production and its licensors. You will not: (i) use any hardware or software intended to damage or interfere with the proper working of the Site; (ii) surreptitiously intercept any system, data or personal information from the Site; or (iii) interrupt or attempt to interrupt the operation of the Sites in any way. The Exversa Production company reserves the right, in its sole discretion, to limit or terminate your access to or use of the Sites, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which the Exversa Production may be entitled at law or in equity.
4. LINKS TO THIRD PARTY SITES
The links in this area will let you leave Exversa production's site. The linked sites are not under the control of Exversa Production and Exversa Production is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Exversa production is not responsible for webcasting or any other form of transmission received from any linked site. Exversa Production is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Exverse Production of the site.
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5. TRADEMARKS AND COPYRIGHTS
All trademarks, trade names, logos, images, typefaces, graphics, service marks and trade dress displayed on the Sites are the property of the Exversa Production company or its licensors, content providers or other third parties. Nothing in these Terms of Use or on the Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the prior written consent of the Exversa Production company or the owner of the Mark.
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6. DISCLAIMERS
YOU HEREBY AGREE THAT YOUR USE OF THE SITES, THE CONTENT, AND ANY OTHER SERVICES OR MATERIAL WE PROVIDE IN CONNECTION WITH THE SITES IS AT YOUR SOLE RISK. THE SITES AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME FOR ANY REASON.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXVERSA PRODUCTION EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE USE OF THE SITES OR ANY DATA, CONTENT, SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, OR OTHER MATERIALS RELATED TO THE SITES, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (III) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITES OR ITS CONTENT. FURTHER, WE DO NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE SITES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
7. LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL EXVERSA PRODUCTION OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF EXVERSA PRODUCTION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE EXVERSA PRODUCTION NOR ANY OF ITS SERVICE PROVIDERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE EXVERSA PRODUCTION IS TO DISCONTINUE YOUR USE OF THE SITES. IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS OF USE MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.
8. INDEMNIFICATION
You agree to indemnify and hold harmless the Exversa Production, its affiliates and their respective officers, directors, shareholders, employees, contractors, agents, licensors, service providers, successors and assigns from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) (collectively, “Losses”) arising out of or relating to (i) your use of the Sites or its Content other than as expressly authorized in these Terms of Use; (ii) your violation of any terms of use or similar terms provided by Third Party Providers with respect to any Third Party Content; or (iii) claims arising from your fraud, intentional misconduct, criminal acts or gross negligence. If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption. This provision does not apply to intentional or reckless acts or gross negligence on the part of the Exversa Production.
9. JURISDICTION AND APPLICABLE LAW
The laws of the Netherlands govern these Terms of Use and your use of the Sites, without giving effect to its conflict of law’s provisions. To the maximum extent permitted by applicable law, you irrevocably consent to the jurisdiction of the courts located in the Netherlands for any action or proceeding arising out of or relating to these Terms of Use.
No Exporting
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Sites, in violation of any applicable laws or regulations, including without limitation Netherlands export laws and regulations.
10. UNSOLICITED IDEA SUBMISSION POLICY
EXVERSA PRODUCTION OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN EXVERSA PRODUCTION'S SERVICES OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO EXVERSA PRODUCTION. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO EXVERSA PRODUCTION OR ANYONE AT EXVERSA PRODUCTION. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT EXVERSA PRODUCTION MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
11. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless Exversa Production, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Exversa Production by User or User's Account.
12. MONITORING
Exversa Production shall have the right, but not the obligation, to monitor the content of www.exversaproduction.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Exversa Production and to satisfy any law, regulation or authorized government request. Exversa Production shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on www.exversaproduction.com. Without limiting the foregoing, Exversa Production shall have the right to remove any material that Exversa Production, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
13. MISCELLANEOUS
This Agreement and any operating rules for www.exversaproduction.com established by Exversa Production constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Netherlands, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
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14. CHANGES TO THESE TERMS OF USE
The Exversa Production reserves the right to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Notice will be provided when we make changes to these Terms of Use. Revised terms will take effect 5 days after publication of the notice on the Sites and will apply only on a going-forward basis. Your continued use of the Sites after that point signifies that you accept the changes.
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How to Contact Us
If you have any questions or comments about these Terms of Use or the Site, please contact us by e-mail at info@exversaproduction.com
You also may write to us at:
Exversa
Glasgebouw Strijp-S
Torenallee 45,
5617BA, Eindhoven,
Netherlands