Effective date: April 25, 2018
ACCEPTANCE OF TERMS OF SERVICE
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YOUR USE OF THE Express Plus Examiners APPLICATIONS
Use of Our Services
Express Plus Examiners provides an online subscription membership website where subscribers have access to informational resources and video classes pertaining to belly dancing techniques. .
In using our Services you agree that you will not:
share log in information with any other individual (one account per person, IP address); accounts where login sharing occurs will be disabled with no refund.
copy, display or distribute any part of the content available on Express Plus Examiners Applications (“Content”), in any medium, without Express Plus Examiners's prior written consent;
alter or modify any part of the Content or Express Plus Examiners Applications other than as may be reasonably necessary to use the Express Plus Examiners Applications for their intended purpose;
use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute Content or to manipulate the Express Plus Examiners Applications or Services;
use or copy, Content or any data you view on and/or obtain from Express Plus Examiners Applications to provide any service that is competitive to Express Plus Examiners Applications, in Express Plus Examiners's sole discretion;
interfere with, interrupt, destroy or limit the functionality of the Express Plus Examiners Applications or any computer software or hardware or telecommunications equipment;
use the Express Plus Examiners Applications or Services in any manner that could damage, disable, overburden, or impair any Express Plus Examiners server, or the network(s) connected to any Express Plus Examiners server, or interfere with any other party’s use and enjoyment of any Express Plus Examiners Applications or Services;
gain unauthorized access to any Express Plus Examiners Applications or Services, other accounts, computer systems or networks connected to any Express Plus Examiners server or to any of the Express Plus Examiners Applications or Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means;
reverse engineer, decompile or disassemble any software accessed through Express Plus Examiners Applications or Services, including any proprietary communications protocol used by Express Plus Examiners;
send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any user, or contact any users that have specifically requested not to be contacted by you;
use information obtained from the Express Plus Examiners Applications to transmit any commercial, advertising or promotional materials;
use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity;
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Express Plus Examiners Applications or Services or other users’ computers;
except as expressly authorized by Express Plus Examiners, advertise or offer to sell or buy any goods or services for any purpose;
Impersonate or create a false identity or falsify any information for the purpose of misleading others;
exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage;
use the Services for any unlawful purpose or any illegal activity, or post or submit any content, that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined in Express Plus Examiners’s discretion.
Registration Obligations. In consideration of your use of the Express Plus Examiners Applications, you represent and agree that you are of legal age to form a binding contract and are not a person barred from receiving our services under the laws of the United States or other applicable jurisdiction and will provide true, accurate, current and complete information about yourself as prompted by Express Plus Examiners Applications. Express Plus Examiners reserves the right to deny, in its sole discretion, any user access to the Express Plus Examiners Applications or Services without notice for any or no reason.
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SERVICES PROVIDED BY Express Plus Examiners
Communication Services. The Services may contain bulletin boards and/or other message, communication or other mechanisms designed to enable you to communicate and interact with others on the Express Plus Examiners Applications (the “Communication Services”). All such communications, information and content, as well as user names, profiles or similar materials you submit, post, upload, embed, display or communicate (collectively, “Distribute”) is referred to as “User Content.” You agree to use the Communication Services only to Distribute User Content that conforms to these Terms, including the Posting Requirements set forth in these Terms.
Modification to Services. Express Plus Examiners has the right to modify its Services at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Express Plus Examiners in providing its Services is to stop using those Services.
Third Party Sites: You may be able to access other websites or resources through links on the Express Plus Examiners Applications. Because Express Plus Examiners has no control over such sites and resources, you acknowledge and agree Express Plus Examiners is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.
SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT; REFUND POLICY
Free Services. Free resources include access to the public blog and the public resource pages.
Subscription Services. Our Subscription Service provides an online subscription membership website where subscribers have access to informational resources, video tutorials, articles, training plans and other materials pertaining to dance.
Service Fees and Billing. If you sign up for Subscription Service ("Subscription Service") Express Plus Examiners will bill you monthly or annually (or another term of service which might be offered from time to time) (“term”) and will bill you the applicable term rate using the billing information you provide (your "Billing Account") for use of the Subscription Service. A one month term is a 30-day period. You agree to pay Express Plus Examiners all charges at the prices then in effect for your use of the Subscription Service using your Billing Account, and any applicable taxes, and you authorize Express Plus Examiners to charge your chosen payment provider (your "Payment Method") for the Subscription Service. You agree to make payment using that selected Payment Method. Express Plus Examiners will also charge your Payment Method for any merchandise ordered on Express Plus Examiners Applications. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Express Plus Examiners does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method we may re-present such uncleared or rejected payment to your Payment Method Provider. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys' and collection agency fees. Express Plus Examiners reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources.
Cancellation and Refund Policy. You can cancel your Subscription at any point during your current subscription term to avoid subsequent fees being billed by contacting Customer Support or by logging in, clicking on the "My Account" link, then clicking "Cancel My Account". All charges are NON-REFUNDABLE regardless of the amount of time left on your term. All prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges. When you cancel automatic renewal on a Subscription, your Subscription and access will continue through the rest of the current term.
Current Information Required. You must promptly notify Express Plus Examiners if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made by going to “My Account”. If you fail to provide Express Plus Examiners any of the foregoing information, you agree that Express Plus Examiners may continue charging you for any use of the Service under your Billing Information unless we have evidence that you have terminated your Subscription. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.
POSTING OF USER CONTENT
Monitoring of User Content. Express Plus Examiners has no obligation to monitor or confirm the accuracy of User Content. However, Express Plus Examiners reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion. Express Plus Examiners specifically disclaims any liability with regard to User Content and any actions resulting from your participation in any Communication Services. If you encounter something you find objectionable and in violation of these Terms, you can report it to support@Express Plus Examiners.com.
License. You retain copyright and other intellectual property rights with respect to your User Content that you submit or Distribute through the Express Plus Examiners Applications to the extent that you have such rights under applicable law. If you have shared User Content with others through the Express Plus Examiners Applications Express Plus Examiners has no control over any third parties use of that User Content.
By submitting, transmitting, or displaying your User Content to or through the Express Plus Examiners Applications, you automatically grant (and you represent and warrant that you have the right to grant) to Express Plus Examiners, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the Express Plus Examiners Applications, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, modify and delete your User Content solely in connection with the Express Plus Examiners Applications (“License”). This License will enable each user of the Express Plus Examiners Applications to access your User Content as permitted through the functionality of the Express Plus Examiners Applications and under these Terms. This License includes the right to modify or adapt your User Content in order to transmit, display or distribute it over computer networks, in various career venues as provided in these Terms.
By providing User Content to us you represent and warrant that you own such User Content or otherwise have the right to grant us the License set forth in this section; that the User Content is accurate and not confidential and the submission, transmission, posting and use of your User Content on the Express Plus Examiners Applications is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights) and, you are solely responsible for, and Express Plus Examiners will have no liability in connection with your User Content or any other User Content you access through the Express Plus Examiners Applications. Your ownership in your User Content does not confer any rights of access to the Express Plus Examiners Applications nor any rights to Content stored by or on behalf of Express Plus Examiners.
No Confidentiality. You acknowledge and agree that your User Content posted via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by Express Plus Examiners and others and result in unsolicited communications. Express Plus Examiners is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with these Terms.
Ownership of Content and Marks. The Services, and all material published on or accessible through the Express Plus Examiners Applications, including, but not limited to text, tests, photographs, video, text, graphics, music, images, animations, audio, text, “applets” incorporated into the software data, sounds, messages, comments, and other materials on the Express Plus Examiners Applications (together “Content”) is owned by Express Plus Examiners or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Express Plus Examiners owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Express Plus Examiners Applications. All trademarks, service marks, trade names, and trade dress appearing on the Express Plus Examiners Applications (“Marks”), are proprietary to Express Plus Examiners. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, Express Plus Examiners Applications or the Services, in whole or in part, without Express Plus Examiners's prior written consent. You acknowledge that you do not acquire any ownership rights in any Content downloaded from Express Plus Examiners Applications. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Express Plus Examiners without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Express Plus Examiners’s name or Marks without the express written consent of Express Plus Examiners. Our ownership rights
All right, title and interest in and to the Express Plus Examiners Applications and Services is and will remain the exclusive property of Express Plus Examiners and its licensors. In addition, any feedback, comments, ideas, concepts or suggestions (“Feedback”) you may provide regarding the Express Plus Examiners Applications or Services is entirely voluntary, and we will be free to use such Feedback for any purpose whatsoever, in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you.
No Other License Granted. Except for allowing you to use the Express Plus Examiners Applications and Services for your use as set forth in the paragraph above, when you use the Express Plus Examiners Applications or Services, you are not receiving a license or any other rights from Express Plus Examiners, including intellectual property or other proprietary rights of Express Plus Examiners. You understand that you have no rights to the Express Plus Examiners Applications or Services or any other Express Plus Examiners property except as indicated in these Terms.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
Filing a Complaint: Express Plus Examiners has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "DMCA") and avails itself of the protections under the DMCA. Further we reserve the right to remove any User Content on the Express Plus Examiners Applications which allegedly infringes another person's copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on Express Plus Examiners Applications which allegedly infringes another person's copyright. It is our policy to terminate the access of repeat infringers. We are under no obligation to, and do not, scan content posted for any violations of third party rights. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on Express Plus Examiners Applications. If you believe any materials on Express Plus Examiners Applications infringes a copyright, you should provide us with a written request to take down the allegedly infringing material in the form of a written letter, sent by fax or regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Your name, address, telephone number and email address (if available);
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.
Filing a Counter-Notice: If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by fax or regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:
Identification of the copyrighted work (or works) that was removed by Express Plus Examiners and the location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
Your name, address, telephone number and email address (if available);
A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or New York if your address is outside of the United States;
A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down;
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA designated agent addressed as follows:
Chris Peterson, Headline Media
2400 Palos Verdes Drive, West Palos Verdes Estates, CA 90274, USA
By phone: 310-378-4073; By fax: 310-378-4073
By e-mail: Chris@HeadlineMedia.com with “DMCA Complaint” in the subject line.
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ALL INFORMATION PROVIDED ON THE Express Plus Examiners APPLICATIONS IS STRICTLY FOR PERSONAL INFORMATIONAL PURPOSES ONLY. Express Plus Examiners DISCLAIMS RESPONSIBILITY AND YOU EXPLICITLY ACKNOWLEDGE THAT INFORMATION PROVIDED ON Express Plus Examiners APPLICATIONS IS NOT NOR SHOULD EVER BE RELIED UPON AS LEGAL, BUSINESS, FOOD SAFETY, OR FINANCIAL ADVICE.
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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.
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If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Term and Termination. These terms, as they may be modified as set forth herein, will remain in full force and effect while you use the Services. Express Plus Examiners can suspend or terminate your access to the Express Plus Examiners Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Age Requirements. The Express Plus Examiners Applications are intended for general adult audiences and you represent that you are over the age of 18 years of age and that you possess the legal right and ability to enter into this agreement and to use the Express Plus Examiners Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the Express Plus Examiners Application and Services.
Access to Services. Express Plus Examiners reserves the right to perform regular or planned or unplanned maintenance to our Services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Express Plus Examiners also reserves the right to change, modify, discontinue, suspend or abandon the Express Plus Examiners Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
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Updates to Terms. Express Plus Examiners reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Sites with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date shown.