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MEMBER’S TERMS OF SERVICE

Last Updated: January 1st, 2020

TABLE OF CONTENTS

 

  1. INTRODUCTION
  2. ACCOUNT
  3. TERM
  4. SECURITY AND PASSWORD
  5. AUTHORIZED CONTENT
  6. CANCELLATIONS AND INACTIVITY
  7. INTELLECTUAL PROPERTY RIGHTS OF CONTENT CREATORS
  8. INTELLECTUAL PROPERTY RIGHTS OF EXCLUSV.LIFE
  9. PRIVACY POLICY
  10. LIMITATION OF LIABILITY
  11. NO WARRANTIES
  12. INDEMNITY
  13. DISCLAIMER
  14. ASSIGNMENTS
  15. CHOICE OF LAW
  16. FORCE MAJEURE
  17. SURVIVABILITY
  18. SEVERABILITY
  19. INTERPRETATION
  20. AMENDMENTS AND WAIVER
  21. NOTICES
  22. ENTIRE AGREEMENT

  1. INTRODUCTION
    1. Welcome to Exclusv.Life (the “Website”), an online platform operated by Snappy-Sites, a duly registered company in Queensland, Australia bearing ABN 15 336 779 273 and registered place of business located at 29, Timberlea Drive, Bentley Park, Queensland, Australia (“Exclusv.Life”, “we” or “us”). Exclusv.Life provide its users with a subscription-based content marketplace which allows the Members to access exclusive content of a Content Creator by paying a small monthly or annual fee (the “Services”). The Services are provided subject to these terms and conditions, which also incorporate our Privacy Policy, and any other guidelines, rules or operating policies that Exclusv.Life may establish and post on our website from time to time (collectively the “Agreement”). The terms define the terms and conditions under which you are allowed to use Exclusv.Life and how we will treat your account while you are a Member. As a customer of the Service or a representative of an entity that is a customer of the Service, you are a “Member” according to this agreement (or “you”).

  2. ACCOUNT
    1. In order to use Exclusv.Life, you must
      1. be at least eighteen (18) years old and able to enter into contracts;
      2. complete the registration process;
      3. agree to the Terms including our Privacy Policy; and
      4. provide true, complete, and up to date legal and contact information.
      If you sign up for Exclusv.Life on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
    2. By using Exclusv.Life, you represent and warrant that you meet all the requirements listed above, and that you will not use Exclusv.Life in a way that violates any laws or regulations. Exclusv.Life may refuse service, close accounts of any users, and change eligibility requirements at any time.

  3. TERM
    1. The Term begins as soon as you access the Website and continues as long as you use the Service. By checking “I agree” on the register page, you indicate your full understanding of these Terms and means that you have officially “signed” these Terms, thereby legally binding you with the terms and conditions stipulated herein.

  4. SECURITY AND PASSWORD
    1. The Services are provided to You via a dedicated account on the Website. Every account is linked to a separate user.
    2. You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to, whether or not you authorized the use. You will immediately notify us of any unauthorized use of your accounts.
    3. We are not responsible for any losses due to stolen or hacked passwords.
    4. We do not have access to your current password, and for security reasons, we may only reset your password.

  5. AUTHORIZED CONTENT

    There are two ways in which Members can access the content published by the Content Creators listed on the Website (“Authorized Content”):

    1. Direct Purchase System.
      1. Content Creators may set a fixed fee for each of their Authorized Content (“Fixed Fee”). Members can purchase and access such Authorized Content directly by completing the payment of such Fixed Fee along with the service charges levied by the Exclusv.Life.
      2. Direct Purchase System transactions are non-refundable and non-transferable.
      3. Content Creators may change Fixed Fee of their Authorized Content from time to time.
    2. Subscription System.
      1. Content Creators may set a fixed monthly subscription fee for entire library of their Authorized Content (“Subscription Fee”). Members can access all of the Authorized Content published by a Content Creator by becoming a subscriber and paying the Subscription Fee along with the service charges levied by the Exclusv.Life on a recurring basis (the “Subscription”).
      2. The Subscription automatically renews at the end of the Paid Period unless explicitly cancelled before the start of new billing period. Various Paid Period options may be offered by the Content Creator and you may select the Paid Period which suits your needs.
      3. Subscription payments are due on the last day of every Paid Period. In case of unsuccessful charge to credit card, we will automatically suspend your Subscription until Subscription Fee payment can be processed.
      4. As long as your Subscription is active, you will provide Exclusv.Life with valid credit card information and authorize us to deduct the Subscription Fee against that credit card. You will replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If, for some reason, we are unable to process your credit card order, we will try to charge 3 more times in the next few days. Consecutive charge retries does not change and/or extend your Subscription renewal date.
      5. You may cancel your Subscription. After cancellation, no further amounts will be charged to your credit card. You must explicitly cancel your Subscription on the Website or by writing to [email protected] no less than 24 hours before the next payment date or your Subscription will auto renew, and you will be charged your next Subscription Fee. If you have more than one Subscription, you have to cancel each Subscription separately.
      6. We provide refunds under these circumstances only:
        1. Member explicitly cancelled the Subscription as mandated but the cancellation request was not processed by us in time; or,
        2. a system-wide malfunction prevented the system from rendering Authorised Content covered by the Subscription to Member for the majority of Paid Period and Member reported the incident(s) with evidence to Exclusv.Life support team during the Subscription; Member(s) will not be entitled to a refund from Exclusv.Life under any other circumstances.
      7. Content Creators may introduce several different kinds of Subscription plans with access to different Authorised Content. Content Creators may introduce new or cancel existing Subscription plans at any time and change pricing of Subscription from time to time. You will be informed about any of the changes at least one month in advance via email and/or on our Website.
    3. You are responsible for any taxes imposed on the purchases made either via Fixed Fee or Subscription under this agreement except in cases where legislation requires us to collect the taxes.
    4. We reserve the right to shut down your Account at any time if we feel that you are abusing our system in any way. If we determine that you have abused the system in any way, and we shut down your account, we do not provide refunds for unused services.
    5. Reselling of the Subscription or your Account to third parties is not permitted under any circumstances.
    6. Access to Premium Third-Party Social Media Accounts: Content Creators may give Members access to Premium Third-Party Social Media Accounts such as Premium Snapchat under a Subscription. The Content Creator is responsible to manually add and remove Members from such Premium Third-Party Social Media Accounts and therefore it may take at 24-72 hours to activate your access to Premium Third-Party Social Media Account from the time of payment. Notwithstanding anything mentioned in this Agreement, If you fail gain access to the Premium Third-Party Social Media Account for which you paid within seventy-two (72) hours from the time of payment, you will be entitled to request for a full refund provided that you followed all the instructions communicated by the Content Creator.

  6. CANCELLATIONS AND INACTIVITY
    1. We may at any time terminate our agreement with you if
      1. you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms);
      2. we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
      3. the provision of the Services to you by us is, in our opinion, no longer commercially viable; or
      4. we have elected to discontinue the Services (or any part thereof).
    2. Once terminated, we may permanently delete your account and all the data associated with it.
    3. If you do not log in to your account for six or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
    4. If Exclusv.Life terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued even if you have unused, prepaid amounts for Services under this Agreement.
    5. For all accounts, Exclusv.Life may charge an account Reactivation fee should an account need to be reactivated by a Member after an account has become de-activated due to breach of this Agreement and/or long period of inactivity.

  7. INTELLECTUAL PROPERTY RIGHTS OF CONTENT CREATORS
    1. The Services and Website contains Intellectual Property of Content Creators in the form of website content, graphics, videos, audios, text and any other digital content (“Authorized Content”). This is an Agreement for the Services, and you are not granted a license to any Authorized Content under this Agreement. Except to the extent that applicable laws prevent Exclusv.Life from doing so, you will not, directly or indirectly:
      1. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of Authorized Content;
      2. remove any proprietary notices or labels from the Authorized Content; reproduce or copy the Authorized Content or any part thereof;
      3. modify, translate, or create derivative works based on the Authorized Content;
      4. copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Authorized Content;
    2. The Services shall be used for your own personal, non-commercial or entertainment purpose only and you shall not use the Services or any Authorized Content for your commercial benefit or commercial benefit of any third party.

  8. INTELLECTUAL PROPERTY RIGHTS OF EXCLUSV.LIFE
    1. The Services and Website contains Intellectual Property of Exclusv.Life in the form of website content, graphics, videos, audios, text and any other digital content (“Website Content”). This is an Agreement for the Services, and you are not granted a license to any Website Content under this Agreement. Except to the extent that applicable laws prevent Exclusv.Life from doing so, you will not, directly or indirectly:
      1. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or the Website or Website Content;
      2. remove any proprietary notices or labels from the Website Content; reproduce or copy the Website Content or any part thereof;
      3. modify, translate, or create derivative works based on the Website Content;
      4. copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Website Content;
      5. create any derivative product from any of the foregoing;
      6. without our express written permission, introduce automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; or
      7. allow third parties to gain access to the Services or to Website Content in any manner other than as expressly permitted in this Agreement.
    2. You acknowledge and agree that the Services, the names and logos and all related product and service names, design marks and slogans, and all other material comprising the Services, are the property of the Exclusv.Life or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Exclusv.Life or by other parties that have licensed their material to Exclusv.Life. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Exclusv.Life. Your use of the Services confers no title or ownership in the Services or the Marks and is not a sale of any rights in the Services or the Marks. All ownership rights remain in Exclusv.Life or its third-party suppliers, as the case may be.
    3. You acknowledge and agree that any comments, ideas and/or reports provided to Exclusv.Life (“Feedback”) shall be the property of Exclusv.Life and you hereby irrevocably transfer and assign to Exclusv.Life such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.

  9. PRIVACY POLICY
    1. In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Exclusv.Life. Exclusv.Life may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.
    2. We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

  10. LIMITATION OF LIABILITY
    1. To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

  11. NO WARRANTIES
    1. To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
    2. From time to time down time, either scheduled or unscheduled, may occur. Exclusv.Life will work within reason to ensure this amount of down time is limited. Exclusv.Life will not be held liable for the consequences of any down time.
    3. Exclusv.Life cannot guarantee that Website Content or Content available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release Exclusv.Life entirely of all responsibility for any consequences of its use.

  12. INDEMNITY
    1. You agree to indemnify and hold us and our entire team harmless from any losses (including attorney fees) that result from any claims you make that are not allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

  13. DISCLAIMER
    1. You are aware that the Authorized Content may be of adult nature, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexual nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily purchasing and accessing adult-oriented Authorized Content for your own personal use.

  14. ASSIGNMENTS
    1. You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

  15. CHOICE OF LAW
    1. Laws of the state of Queensland, Australia will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the courts in state of Queensland, and each party will be subject to the jurisdiction of those courts.

  16. FORCE MAJEURE
    1. We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

  17. SURVIVABILITY
    1. Even if this Agreement is terminated, the following sections will continue to apply: Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

  18. SEVERABILITY
    1. If it turns out that a section of this Agreement is not enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

  19. INTERPRETATION
    1. The headers are provided only to make this agreement easier to read and understand.

  20. AMENDMENTS AND WAIVER
    1. Amendments or changes to these Terms will not be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service. The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there is a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we do not immediately act on a violation of these Terms, we are not giving up any rights under the Terms, and we may still take action at some point.

  21. NOTICES
    1. Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at [email protected], or any addresses as we may later post on the Website.

  22. ENTIRE AGREEMENT
    1. These Terms, our Privacy Policy, and any Additional Terms you have agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.