CRG Media Ltd. Terms and Conditions of Use
These Terms and Conditions of Use (“Terms”) shall apply to CRG Media Ltd. Including all of its subsidiaries and affiliates including, but not limited to, CRG Media LTD. dba “Excel.TV” (collectively “CRG Companies”).
For these Terms, you shall include yourself, and any company, organization, person or any other legal entity you are representing.
These Terms govern your use, access and viewing of the website excel.tv (the “Site”) and any related or other services provided by the CRG Companies.
By accessing, viewing and/or using the Site (collectively “Use” of the Site or “Using” the Site), you agree to and accept these Terms as a legally binding agreement between you and the CRG Companies.
If you are agreeing to and accepting these Terms on behalf of any entity or person, you hereby agree that you are doing so as their authorized representative.
If you do not wish to agree to and accept these Terms as a legally binding agreement between you and CRG Companies, or you do not have the authority to act as an authorized representative of another individual or entity for whom you are accessing, using or viewing the Site, then you must leave the Site immediately.
If you are under the age of 19-years old, you are not to access the Site and must leave the Site immediately.
Review and Changes
We reserve the right to review, amend and rescind all or part of these Terms in our sole and absolute discretion at any time and any such amendments, changes or the like shall take effect immediately upon the date of publication.
Limitations of Use
By Using the Site, you warrant on your behalf and that of anyone or anything you are representing, that you will not:
- Change, modify, copy, prepare derivative works of, deconstruct, or reverse engineer any materials, software, function or any aspect of components of, nor any software accessed through, the Site (the “Materials”);
- Use, copy, change or remove any copyright or other proprietary signs, marks or notations on or relating to the Materials;
- Transfer any Materials, or any parts of Materials, from the Site to another person, place or entity, nor duplicate in any way the Materials;
- Use the Site in any way that harms, abuses or disrupts CRG Companies, its business, networks or services or the Site;
- Use the Site or an aspect of it to transmit, publish or in any way communicate or convey any harassing, indecent, obscene, fraudulent, or unlawful information or material;
- Use the Site in violation of any applicable laws or regulations;
- Use the Site for any unintended way, nor in any way to advertise or spam CRG Companies or any third party;
- Copy, collect, reproduce, duplicate or gather user data from the Site without any user’s explicit consent; or
- Use the Site in any way that does or may infringe upon the privacy, intellectual property rights, or other rights of third parties.
You shall be, at all times, solely responsible for any breach of the provisions of these Terms by yourself and anyone or entity whom you have authorized to use the Site.
The intellectual property in or related to the Site or the Materials is owned by, provided or licensed to CRG Companies and is protected by copyright, trade-secret, trademark, or other applicable law. CRG Companies only grants permission to you and your authorized users to access and use the Site and Materials for personal or authorized business use only, and for no other purpose or use.
This permission constitutes the grant of a license which cannot be sub-licensed by you or your authorized users and is entire revocable at any time in the sole and absolute discretion of CRG Companies. Further, this license is not a transfer of any right, title, or interest in any intellectual or other property. This license shall automatically terminate if you violate any of the above limitations of use or any other provision of these Terms, and this license otherwise may be terminated by CRG Companies at any time for any reason.
“Data” shall mean and include any data, including raw data and information, that you provide via, upload or submit to, or share via the Site, as well as the processed result of the same.
You hereby grant CRG Companies the absolutely, unrestricted, perpetual, irrevocable, non-exclusive, royalty-free, worldwide, sublicensable license to collect, use, access, transmit, host, store, and display any Data for the purpose of providing and improving the Site and CRG Companies’ products or services or (or those of its sublicensees), and CRG Companies may exercise such license for, among others, the purposes of providing, maintaining, repairing, administering, and improving the Site and any CRG Companies business offerings or potential offers, including the development of new products or services, and shall include the right to compile, extract, compile, analyze, aggregate, synthesize, use and disclose all or any portion of the Data for such purposes.
You represent, warrant, and agree that the Data and other materials you provide or make available to CRG Companies will include only such information which is relevant to the Site and its Use, and will not include any personally identifiable information or any protected health data.
You acknowledge and agree that you are solely responsible for all Data you upload or submit using the Site and for your conduct while using the Site.
You acknowledge and agree that:
- You will and shall be solely responsible to, evaluate and bear all risks associated with the disclosure and use of any Data;
- You are solely responsible for protecting and backing up any and all Data;
- You are solely responsible for protecting the confidentiality of any Data;
- Under no circumstances will CRG Companies be liable in any way for any Data or your use of the Site including, but not limited to, any errors or omissions in any Data, Site functionality or feature, nor any loss or damages or any kind incurred as a result of your access to, use, deletion, modification, or correction of any Data or the Site.
- CRG Companies has no responsibility to store, protect, remove, or delete any Data for you except as may be specifically and explicitly set out in a contract with or under these Terms; and
- CRG Companies shall have no liability to you whatsoever for the deletion of or failure of the Store nor to store any Data.
The Site, Materials and services are provided by CRG Companies on an “as is” basis.
To the extent permitted by law, CRG Companies makes no assurances, guarantees or warranties of any kind, expressed or implied, and hereby disclaims and excludes all other representations, assurances or warranties including, without limitation, implied representations, warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of intellectual property or any other rights.
In no event shall CRG Companies or its affiliates, agents or suppliers be liable for any Consequential Damages (as defined below) which may or are suffered or incurred by you or any third party arising from your or their use or inability to Use the Site or the Materials, even if CRG Companies or one of its authorized representative has been notified, orally or in writing, of the possibility of same.
“Consequential Damages” means any indirect or consequential damages, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, loss or corruption of data or aggravated or punitive damages, howsoever arising whether arising under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Accuracy of Materials
The Materials are not comprehensive or complete, and they are for general information purposes only. CRG Companies does not warrant or make any representations concerning the accuracy, completeness likely results, or reliability of access to and use of the Materials or the Site, nor any website or features linked or connected to the Site.
CRG Companies is not in any way responsible for the content of any websites or features linked to or otherwise accessed through the Site, nor for any consequences of the Use by you or any third party of the Site or any linked websites or features. The linking of any website or features to the Site does not constitute and shall not imply endorsement, approval, or control by CRG Companies of the same. Use of any such linked website or feature is in your sole and absolute discretion and is at your own risk – we strongly advise you to make careful, cautious and diligent inquiries into any linked website or feature before using or access the same.
Right to Terminate
CRG Companies has the absolute and sole right to block, bar, curtail, restrict, suspend or terminate your right to Use the Site immediately upon written notice to you in the event of any breach by you of these Terms.
Any part, provision or term of these Terms which is deemed void, invalid or unenforceable in whole or in part shall be deemed to be severed from these Terms to the extent of the same, and the validity and enforceability of the remainder of such provision and of all other provisions in these Terms shall remain in full force and effect.
Governing Law and Jurisdiction
These Terms of Service are governed by and shall be construed in accordance with the laws of the Province of British Columbia, Canada, and you agree to irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia sitting in Vancouver, British Columbia, Canada regarding these Terms and/or your use of the Site, and any issues related to or arising therefrom.