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XO Simulcast Terms and Conditions

XO Simulcast Terms and Conditions

The following terms and conditions govern your use of the website at xosimulcast.com (“Website”) operated by XO Simulcast, a division of XO Marriage (“XO MARRIAGE”) and the purchase of any product(s), including but not limited to videos and other electronic and digital material available or generated on the Website (“Content”).

By using the Website and/or purchasing Content, you expressly agree to and consent to be bound by all of these terms and conditions and are entering into a legally binding contract with XO MARRIAGE that is valid and enforceable under a variety of state and/or federal statutes and the common law, including but not limited to, the uniform electronic transactions act.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE OR PURCHASE CONTENT.  Should you object to any term or condition, or any subsequent modifications or become dissatisfied with the Website and/or Content in any way, your only recourse is to immediately discontinue use of the Website and Content. XO MARRIAGE has the right but is not obligated, to strictly enforce any term or condition through self-help, active investigation, litigation, and prosecution.

1. Limited license:
Subject to payment of the required fee(s) as agreed between you and XO MARRIAGE, and compliance with these terms and conditions you are granted a nonexclusive, nontransferable, limited license to use the Website and streaming audio and video Content and use the Content for so long as you comply with these terms and conditions.
 
This license is not a sale of the Content.  You acquire no proprietary interest in the Content.  Only individuals authorized by XO MARRIAGE may stream and/or use the Content. XO MARRIAGE reserves the right at its discretion to not provide any downloadable version of the Content. This license includes one single streaming and use of the Content at a single location and on a single access point; broadcasting or redistribution of streamed Content is not permitted and violates this license.  You shall not make multiple copies of the Content without XO MARRIAGE’s prior written consent.  Multiple licenses may be purchased from XO MARRIAGE for an additional fee, upon request and approval by XO Marriage.

You agree not to copy or use the Website and/or Content except as expressly permitted by these terms and conditions.  You shall not transfer, sublicense, rent, lease or lend the Content to any third party.  You shall not modify, reverse engineer, create derivate works, disassemble or decompile the Content without the express, written permission of XO MARRIAGE. You shall only use the Content for commercial, non-personal purposes. XO MARRIAGE does not sell the Content in downloadable format. The Content shall not be downloadable under any circumstance.

2. Payment:
XO MARRIAGE does not sell Content or services to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.

By purchasing Content, you agree to pay in full the purchase price, license fees, shipping and/or other charges, and all taxes applicable to this transaction.  YOU AUTHORIZE, AND GRANT PERMISSION TO, XO MARRIAGE, THROUGH ITS THIRD-PARTY PAYMENT SERVICE, TO BILL YOUR CREDIT CARD.  Credit card payments are currently handled through Stripe.com.  Their terms of service can be found by clicking here.  Any change in third-party payment service will be posted on the Website.

Prices are based on whether the Content to be purchased is in standard definition (SD) or high definition (HD) format.  Prices do not include tax.  In the event that any federal, state or local taxes are imposed on the sale of the Content, such taxes shall be assumed and paid by you.

All sales are subject to availability and we reserve the right to limit quantities and to discontinue Content, even if you have already placed your order.  The receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.  All prices are subject to change without notice.

Failure to pay for any Content purchased on the Website, for any reason, may result in legal action against you.  In addition to such other remedies as it may have, XO MARRIAGE shall be relieved of its obligation to provide the Content and the full amount due shall immediately become due and payable by you.  You must also reimburse XO MARRIAGE for all expenses incurred in connection with the collection of amounts payable, including court costs and attorneys’ fees.

By purchasing Content, you represent and warrant to XO MARRIAGE that (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under these terms and conditions; (ii) you shall comply with all terms and conditions set forth herein; (iii) you have provided accurate and complete information, including, without limitation, our legal name, address, telephone number, and credit card information; and (iv) you are an authorized user of the credit card used for this transaction.

3. Intellectual Property Rights:
© 2020 XO MARRIAGE.  All rights reserved.  All right, title and interest, including all patents, copyrights, trademarks including registered and unregistered marks, trade secrets and confidential information and other intellectual property rights (the “Rights”), in the Website and Content (in both print and machine-readable forms) belong to XO MARRIAGE.  You shall not in any manner violate or attempt to impair the Rights of XO MARRIAGE in the Website and/or Content, including but not limited to any private use of the Content and/or any distribution of the Content.  Unless otherwise noted, other XO MARRIAGE graphics, logos, designs, page headers, button icons, scripts, and names may be registered trademarks, trademarks or trade dress of XO MARRIAGE in the U.S. and/or other countries.  XO MARRIAGE’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

You may not use any direct link, page scraper, robot, crawler, index, spider or another automatic device program, algorithm or methodology to access, copy, acquire information or use the Content or Website.  You shall not modify, reverse engineer, create derivate works, disassemble or decompile the Content or Website without the express written permission of XO MARRIAGE.

You agree that any breach of these terms and conditions would cause XO MARRIAGE irreparable harm for which money damages alone would be inadequate.  In addition to damages and any other remedies to which XO MARRIAGE may be entitled, you agree that XO MARRIAGE may seek injunctive relief to prevent the actual, threatened or continued breach of this agreement.  Any breach of these terms and conditions shall result in immediate termination of the license provided for herein.

4. External Links and Trademarks:
The Website may contain links to external third-party websites, including but not limited to social media websites. By providing links to other sites, XO MARRIAGE does not guarantee, approve, or endorse the information or product available at these sites, nor does a link or advertising indicate any association with, or endorsement by, the linked site to the Website and/or Content. 

Suppliers, advertisers and/or social media websites may have trademarks that are shown on the Website and/or Content.  These trademarks are the property of their respective owners. You acquire no rights in such Content.

5. Termination:
XO MARRIAGE reserves the right to terminate this Agreement at any time and for any reason including, but not limited to, breach or suspected breach of any of these terms and conditions. Upon termination by XO MARRIAGE, you must immediately cease using the Website and Content. You may also terminate this Agreement at any time by ceasing use of the Website and Content. XO MARRIAGE may also suspend or discontinue the Website and/or Content without notice. XO MARRIAGE may take any legal steps necessary to terminate your use of the Website or Content as allowed by these terms and conditions.

The Payment, Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, No Assignment and Severability sections shall survive any termination of your use of the Website, or expiration of this Agreement.

Notwithstanding XO MARRIAGE’s termination rights, XO MARRIAGE may also establish limits concerning the use of the Website and/or Content, including but not limited to the frequency with which you may access the Website and/or Content.

6. Disclaimer of Warranties:
The Website and Content are provided “as is,” “as available” basis, with all faults and without warranty of any kind, and XO MARRIAGE hereby disclaims all warranties and conditions with respect to the Website and Content, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.  XO MARRIAGE does not warrant that the operation of the Website and Content and its streaming will be uninterrupted or error-free, or free of viruses or other harmful components or completely compatible with any particular hardware or software. XO MARRIAGE shall not be liable for errors, omissions, viruses, delays or interruptions in the Website and/or Content caused by any reason, including negligence or failure to act of XO MARRIAGE.  

You hereby acknowledge that the Website and/or Content may become unavailable due to any number of factors including, but not limited to, periodic system maintenance, scheduled or unscheduled, acts of God, technical failure of the Website, or delay or disruption attributable to viruses, denial of service attacks, or any other cause reasonably beyond the control of XO MARRIAGE.

XO MARRIAGE attempts to be as accurate as possible and eliminate errors on the Website; however, XO MARRIAGE does not warrant that any product, service, description, streaming content, photograph, pricing or other information is accurate, complete, reliable, current or error-free.  In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or content or service or otherwise, XO MARRIAGE reserves the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

7. No Waiver:
The failure of XO MARRIAGE to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
  
8. Changes to These Terms:
These terms and conditions may be changed by XO MARRIAGE immediately upon notice.  Continued use of the Website and Content following any change constitutes acceptance of the change.

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