TERMS AND CONDITIONS
[Last Updated May 15, 2010] download .PDF
Welcome to Axelo!
Axelo, Inc. ("Axelo," "we" or "us") provides streamed audio/video, images, text, e-commerce and social networking services (the "Services") for our users through our websites accessible at www.AxeloInc.com and www.AxeloBAT.com (the "Site"). Please read the following important terms and conditions ("Terms of Service") carefully. These Terms of Service and the other policies posted on the Site or made available via the Services govern your access to and use of the Site and Services, including any content, information, products or services therein.
These Terms of Service are a legal agreement between you and Axelo and apply to you whether you are a Member (defined below) or a visitor just browsing the Site (collectively, "Axelo Users").
YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, OR BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" will refer and apply to that business.
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time without notice to you. Any updates will be effective immediately and be made available at this web address. By continuing to access the Site after the terms and conditions have been updated, you are deemed to have accepted the updated terms and conditions.
MATERIALS AND RESTRICTIONS
All materials on this Site, including but not limited to images, software, text, video clips (collectively referred to as the "Content") are protected by copyright and/ or trademark laws. You may not use the Content, except as specified under the Terms and Conditions defined in this document. By using the site you agree to follow all instructions limiting the way you may use the Content. A wide selection of proprietary logos, service marks, and trademarks are found on this Site belonging to Axelo and third parties. By displaying them on the Site, Axelo is not granting license to utilize any proprietary logos, service marks, or trademarks.
LICENSE AND SITE ACCESS
Axelo grants you a limited license to access this site but not to download (other than page caching) or modify it, or any portion of it, except where specifically designated on the Site or with express written consent of Axelo, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Axelo, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, videos, page layout, or form) of Axelo and our affiliates without express written consent. You may not use any meta-tags or any other "hidden text" utilizing Axelo name or trademarks without the express written consent of Axelo. Any unauthorized use terminates the permission or license granted by Axelo. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray Axelo, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
In order to access certain features of the Site and Services, and to post User Submissions, you will have to create a Axelo account and become a "Member". To become a Member you must be at least 14 years of age. When you register, you will be asked to choose a username and a password.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Axelo immediately of any unauthorized use of your account or any other breach of security. Axelo will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Axelo or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
- Definitions. Certain types of content are made available through the Site. "Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available through the Site, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files and other content and information which Members stream, post, upload and otherwise submit to the Site, including without limitation in broadcast chats, discussion groups, message boards and Member created profile pages. Axelo reserves the right to remove and permanently delete any Content or User Submissions from the Site without notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any User Submissions, emails or other materials that are believed to violate these Terms of Service.
- Content. You may access and use the Site, Services, Content and User Submissions for your own personal non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Content, User Submissions (other than your User Submissions). Axelo and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Content and the trademarks, service marks and logos contained therein other than your User Submissions.
- User Submissions.
- License Grant. Axelo does not claim ownership rights in your User Submissions. However, by uploading, streaming, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to Axelo or on the Site, you hereby grant Axelo a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Axelo. Axelo will own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by Axelo, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Axelo to give to Axelo the full benefit of the rights granted to Axelo by you.
- Limitations. You acknowledge and agree that Axelo may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Submissions on Axelo's servers. Axelo will have no responsibility or liability for and you are solely responsible for creating back-ups of your User Submissions.
- Disclaimer. Axelo has no ability to control the User Submissions that are uploaded, posted or otherwise transmitted using the Site or Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by Members, including without limitation any information obtained by using the Site. Axelo does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Axelo with respect thereto. Axelo will have no responsibility or liability to you or any third party as a result of your User Submission activities and you are solely responsible for any User Submissions you do in connection with or via the Site or Services.
INTERACTIONS BETWEEN AXELO USERS.
You are solely responsible for your interactions (including any disputes) with other Axelo Users. You understand that Axelo does not in any way screen Axelo Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Axelo Users. You agree to take reasonable precautions in all interactions with other Axelo Users, particularly if you decide to meet a Axelo User offline, or in person. Your use of the Site, Services, Content and any other information or other materials made available through the Site or Services is at your sole risk and discretion and Axelo hereby disclaims any and all liability to you or any third party relating thereto. Axelo reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You will cooperate fully with Axelo to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Axelo representatives access to any password-protected portions of your Axelo account.
Axelo may in its sole discretion review and/or record broadcast chat exchanges and/or other communications engaged in via the Site or Services, in accordance with applicable law, in order to evaluate compliance with the rules and policies set forth in these Terms of Service or as otherwise technically necessary.
Axelo has no obligation to monitor the Communication Services. However, Axelo reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Axelo reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Axelo reserves the right at all times to disclose any information as Axelo deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Axelo's sole discretion.
OBLIGATIONS FOR AXELO USERS.
The Site and Services may be used and accessed for lawful, non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
- Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;
- Upload, stream, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
- Use any meta tags or other hidden text or metadata utilizing a Axelo name, trademark, URL or product name;
- Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
- Upload, stream, email, or otherwise transmit, via the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of Axelo;
- Upload, stream, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
- Upload, stream, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of Axelo's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Attempt to probe, scan or test the vulnerability of any Axelo system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
- Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Axelo or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
- Collect or store personal data about other users without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
- Use the Site or Services in any manner not permitted by these Terms of Service; or
- Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Axelo at the address below.
SWEEPSTAKES AND CONTESTS.
Axelo may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site or Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site or Services, as they may contain additional important information about Axelo's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Service, the terms and conditions of such Official Rules will control.
DISCLAIMER OF WARRANTIES.
Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. AXELO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Axelo disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site; or (ii) that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from Axelo, will create any warranty not expressly stated in THESE TERMS OF SERVICE. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY.
IN NO EVENT WILL AXELO, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT AXELO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL AXELO'S CUMULATIVE LIABILITY TO YOU EXCEED $100.
You agree to defend, indemnify, and hold Axelo, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing.
THIRD PARTY LINKS.
The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that Axelo is not responsible or liable for the availability or accuracy of, and Axelo does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
By visiting and using this website and/or making any purchase from Axelo, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Axelo or its affiliates.
Any dispute relating in any way to your visit to Axelo, Inc. or to products you purchase through Axelo shall be submitted to confidential arbitration in Austin, Texas, except that, to the extent you have in any manner violated or threatened to violate Axelo's intellectual property rights, Axelo may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. You agree to the appointment of a single arbitrator, and the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
If you have questions about these Terms of Service or would like to request a copy of these Terms of Service or any other records relating to these Terms of Service of your use of the Site and Services, please contact Axelo at support@AxeloInc.com or by sending a written request to Axelo, Inc. at 3925 West Braker Lane, Austin, Texas 79759.