BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the community.techexcel.com domain name, the " TechExcel Community Website " , or " Website " ), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the " Terms of Service " ) AND THE TERMS AND CONDITIONS OF TECHEXCEL'S PRIVACY NOTICE AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. The owner of the Site, TECHEXCEL Inc ( " referred to herein as " We " or " TechExcel Community " ) may modify or terminate any services offered by this site from time to time (the " Services " ), for any reason, and without notice, including the right to terminate with or without notice, without liability to you (except as expressly provided in the applicable terms relating to payment services offered by the site for a fee ( " Premium Services " )), any other user or any third party. We reserve the right to modify these Terms of Service in our sole discretion without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. If you do not agree to any of these terms, then please do not use this Site or any TechExcel Community Services.
Description of Services
Intellectual Property Rights
The content on the TechExcel Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to TechExcel, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TechExcel reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, ordistribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the myplick Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the TechExcel Website or the Content therein.
Limitation of Liability
IN NO EVENT SHALL TECHEXCEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TECHEXCEL WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TECHEXCEL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by TechExcel from its facilities in the United States of America. TechExcel makes no representations that the TechExcel Website is appropriate or available for use in other locations. Those who access or use the TechExcel Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
User Submissions and Conduct
As a TechExcel Community Website user you may submit videos, documents, pictures and other content (“User Content�? and textual content ("User Comments"). User Content and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, TechExcel does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize TechExcel to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the website you hereby grant TechExcel a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and TechExcel's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the TechExcel Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the TechExcel Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Content terminate within a commercially reasonable time after you remove or delete your User Content from the TechExcel Website. You understand and agree, however, that TechExcel may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable. In connection with User Submissions, you further agree that you will 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 TechExcel all of the license rights granted herein. TechExcel does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TechExcel expressly disclaims any and all liability in connection with User Submissions. TechExcel does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TechExcel will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. TechExcel reserves the right to remove Content and User Submissions without prior notice.
You agree to defend, indemnify and hold harmless TechExcel, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the TechExcel Community; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the TechExcel Community Website.
TechExcel respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights.
In order for us to serve you the best content, TechExcel selectively records your behavior as you're surfing the site. In addition, anonymous data recording also take place when user is watching an embedded TechExcel player on websites other than TechExcel.com. Please note that, most data is collected anonymously, and we will only use the data internally.
As a condition to your use of the Services, you agree not to upload or transmit any documents that are deemed obscene, pornographic, or offensive. Violation of this condition will cause your IP address to be put on to a blacklist, and multiple violations will lead to the termination of our Services to you.
If you violate any of these Terms of Service, your permission to use the Services will automatically terminate. TechExcel reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the TechExcel Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND TECHEXCEL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TECHEXCEL WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.