Terms and Conditions

XM42.com
TERMS OF USE

The Terms and Conditions below (“Terms and Conditions”) are binding between you (“User”, or “you”) and Ion Productions Team, LLC (“Ion Productions Team” or “we”). Ion Productions Team operates the website www.xm42.com, including all mobile and other versions of the site, and any future sites or applications that may exist (the “Site”). By using the Site, you agree to these Terms of Use, along with our separate Privacy Policy. If you do not agree to the Terms of Use, you should immediately stop using the Site in any application or form.

Site Transactions
By purchasing through the Site, you agree to these Terms of Use. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If an item that you ordered becomes unavailable between ordering and processing, Ion Productions Team will either cancel or not process the order and will notify you by email.

Permitted Use
By registering to use the Site, you agree to all of the following: (1) you are authorized to create a binding legal obligation; (2) your use of the Site will fully comply with these Terms and Conditions; (3) you will secure your password and supervise the use of your account, and understand and agree that you are responsible for the use of your account by anyone you allow to access it; (4) you are authorized to provide any and all information you submit to the Site, and all such information is accurate, true, current, and complete. Your right to use this Site is personal and non-transferable.

Your Conduct

The Site is considered private property. Your use of the Site must comply with these Terms and Conditions. If your conduct prevents or inhibits any other users from using or enjoying any part of the Site (as determined by us in our sole discretion), we may limit your use and/or access, and seek other remedies. You are specifically prohibited from:
• Purchasing goods or services through the Site for other than your personal use or as a gift;
• Providing false or fraudulent information in regards to your account or any purchase;
• Engaging in malicious or illegal activity against or regarding the Site; and
• Any other actions that we determine should be specifically prohibited.

Profile; Subscriber Data
You are responsible for creating and maintaining your profile on the Site and for providing all necessary information, including providing a credit card number for purchases, and updating all information as necessary. Ion Productions Team will use reasonable business efforts to maintain the security of all data you submit and share with Ion Productions Team.

Access to the Site
You acknowledge that there may be interruptions in service or events outside of our control. We will use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time due to routine maintenance and other reasons. You understand and acknowledge that due to circumstances both within and outside of our control, your access may be interrupted, suspended, or terminated. We reserve the right to deny service or access to anyone or any account, at any time and for any reason.

Information
We do not control the security of the Internet or other networks you use to access the Site or communicate with us. Therefore, we are not responsible for the security of any information that you choose to share while it is being transmitted. In addition, we are not responsible for any data lost during transmission.

License
You grant Ion Productions Team a perpetual, non-exclusive, royalty-free license to use, modify, and distribute any information that you post on the Site. This license permits Ion Productions Team to use the information individually or as part of a larger work, and to use it for advertising, research, or any other legal purpose.

Cookies and Data Tracking
Ion Productions Team may collect certain information through automated or electronic means, using cookies and other analysis tools. Cookies allow us to provide you with a customized experience on the Site, and can help us to detect fraud. When you use the Site, your browser and devices communicate with our servers, and those of our partners and providers. The information collected is stored in web server logs and also in cookies kept on your devices, which transmit information back to our Site. We operate and manage the servers and cookies in conjunction with our partners and service providers. Generally, the information we collect using cookies and other tools is used in non-identifiable ways. We use the information to optimize our site and provide the best possible experience for you. Additionally, if your mobile device settings provide geo-location information, we automatically collect that data.

Ion Productions Team may permit third party advertising companies to place advertisements on our behalf onto other websites, and to track and report data for those advertisements. These advertisers may automatically collect non-identifiable information about your visit to the Site and other websites, through cookies and other technologies. This information may be used to provide targeted advertising. If you have concerns about this type of data collection, you should contact the third party advertising companies.

Modification
These Terms and Conditions may be modified at any time, without prior notice. If modified, the latest version will be posted on the Site. You are subject to the particular version in effect at any time, and your use of the Site after any modification confirms your consent to the modification(s). Any feature of the Site may also be changed at any time, without prior notice.

Right to Change Sites
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Intellectual Property
Everything on the site is either the property of Ion Productions Team or is being used with permission. You may not use, link to, or copy anything on the Site without prior written permission from an authorized representative of Ion Productions Team.

This Site may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Site are protected by copyright as a collective work under the United States copyright laws. Ion Productions Team owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Ion Productions Team or the copyright owner is permitted. If copying, redistribution, or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Ion Productions Team and XM42 are trademarks of Ion Productions Team LLC. It, together with other trademarks that are located within or on the Site shall not be deemed to be in the public domain but rather the exclusive property of Ion Productions Team, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Ion Productions Team unless otherwise stated.

You will not upload, post, or make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Ion Productions Team does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, you warrant that the owner of such material has expressly granted Ion Productions Team the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other End User to access, view, store or reproduce the material for such End User's personal use. You also grant Ion Productions Team the right to edit, copy, publish, and distribute any material that you make available on the Site.

Ion Productions Team reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.

If you believe that any material has been posted on the Site by an End User in a way that constitutes copyright infringement, you shall provide Ion Productions Team with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Contact information for Ion Productions Team’s DMCA Agent for notice of claims of copyright infringement is: Ion Productions Team LLC, Attn: Copyright Agent, mailing address: 318 John R Rd Ste 322, Troy MI 48083; e-mail address: legal@xm42.com.

No Warranty; Limited Liability
BY USING THE SITE, YOU AGREE THAT YOU USE THE SITE AT YOUR SOLE RISK. THE SITE AND ALL CONTENT, STATEMENTS, AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ION PRODUCTIONS TEAM, ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS, AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY WARRANT REGARDING (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY, OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS, OR OTHER PROVIDED THROUGH THE SITE. ION PRODUCTIONS TEAM AND ALL RELATED PARTIES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS, OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL ION PRODUCTIONS TEAM, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS, OR ANY OF THEIR MEMBERS, MANAGERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: YOUR USE OF THE SITE, THE CONTENT, STATEMENTS, AND OTHER INFORMATION CONTAINED THEREIN; THE PRODUCTS OR SERVICES ACCESSIBLE, AVAILABLE, OR SOLD THROUGH THE SITE; OR THESE TERMS OF USE.

Indemnification
You agree to indemnify, defend, save and hold Ion Productions Team, its agents, principals, employees, contractors and affiliates, harmless from and against any and all claims, losses, demands, actions, lawsuits, fines, costs, expenses, charges, assessments, liabilities, judgments, damages and interest (including reasonable legal fees and costs) of whatever kind or nature, arising out of or in connection with your use of the Site, including, but not limited to, any information you post and products and/or services that you purchase through the Site.

Release
You agree to release Ion Productions Team from any claims or liability related to any content posted on the Site and from any claims related to the conduct of any Users or Vendors.

Severability

If any part of these Terms and Conditions is determined by a court of competent jurisdiction to be contrary to law, the remainder of the Terms and Conditions shall constitute the agreement between the parties.

Assignment

You acknowledge that you may not assign your rights or delegate your duties or obligations under these Terms and Conditions.

Independent Contractors
You and Ion Productions Team are independent contractors, and nothing in this Agreement creates a partnership, employment relationship, joint venture, or agency.

Entire Agreement; Modification
This constitutes the entire Agreement between the parties. It may not be changed, modified or discharged unless such change, modification or discharge is in writing and signed by the party against whom enforcement of such change, modification, or discharge is sought.

Non-Waiver
Ion Productions Team’s waiver of your breach of any provision of these Terms and Conditions shall not operate or be construed as a waiver of any subsequent breach. No such waiver shall be valid unless in writing and signed by Ion Productions Team.

Choice of Law

This Agreement shall be construed in accordance with and governed by the laws of the State of Michigan.

Reservation of Rights

Ion Productions Team reserves the right, but has no obligation, to monitor or take any action regarding disputes that you may have with other Users.

Arbitration
You agree that any claim, dispute, or controversy you may have against Ion Productions Team connected in any way with this Agreement, this Site or the purchase or sale of any goods or services, shall be resolved by final and binding arbitration administered by the American Arbitration Association and held in Michigan. Arbitration can decide only your and our individual claims, and not any claims for a class or representative basis. You agree that you must bring any such claim within one (1) year after the claim accrues; otherwise, such cause of action is permanently barred.

Disclaimer
Although the contents of this website are believed to be accurate, The Ion Productions Team, LLC does not assume responsibility as to the accuracy, correctness, completeness, reliability and up-to-dateness of information made available through the website. The contents of the website are provided "as is" and without any expressed or implied warranties of any kind. The Ion Productions Team, LLC disclaims liability for any damages that arise as a result of the direct or indirect use of its website and/or websites. The Ion Productions Team, LLC reserves the right to modify, amend, delete, suspend or discontinue its websites and/or websites, which it controls, without prior notice.