1. The Exaltive Site
Welcome to the Exaltive.com website (the “Service”), a way to enrich your video library with interactive elements and easy customization. This Service is owned by Exaltive Inc. (“Exaltive” or “Us”). These Terms of Use (“Terms”) apply to your (“You / Your”) use of the Service. If You wish to use the Service, even if You only browse the Service and do not register, You must agree to these Terms. If You do not agree to the Terms, any use of the Service by You is unauthorized and You should stop accessing the Service immediately. Your continued use of the Service will constitute assent to these Terms. Registering as an Exaltive user will confirm your assent. For ease of use, wherever the word Exaltive appears in this website, it will be read as ExaltiveTM.
Exaltive makes reasonable efforts to make the Service available 24 hours a day, 7 days a week. However, there may be occasions when the Service is interrupted or temporarily suspended for maintenance, upgrades and repairs or due to other causes that are beyond Exaltive’s control.
2. How It Works
When You become a registered user of Exaltive, You use Exaltive to control the video player to add overlays, annotations, interactions, and timeline manipulation provided by the Exaltive Designer. These videos with enhanced playback can then be shared and or embedded in web pages or systems by referring to the video on Exaltive.
3. Restrictions on Content
You agree not to make any use of the Service to post or transmit any Content that: (1) is unlawful under the laws, statutes, ordinances, or regulations (“Laws”) of any jurisdiction to which You or Exaltive are subject; (2) promotes activity that is unlawful under the Laws of any jurisdiction to which You or Exaltive are subject (3) is harmful, threatening, advocating violence, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations, adult pornography), all as determined by Exaltive in its discretion; (4) includes insider information, or any other proprietary or confidential information; (5) is an infringement of any patent, trademark, trade secret, copyright, publicity right or other intellectual property right; (6) is falsified, deceptive or misleading, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content, or lacking author attribution, copyright notice, or any other information necessary to make the Content not misleading; (7) holds Exaltive or any of its affiliates, employees or shareholders up to public scorn or ridicule; (8) contains or transmits any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, packet bombs, cancelbots or other computer programs or routines that damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. The foregoing list is not necessarily exhaustive of types of Content we may deem inappropriate for the Service, in our discretion.
Content means and includes anything that is added by You as a part of customization carried out using Exaltive and includes without limitation text, images, videos or other material.
4. Restrictions on Activities
You agree not to make use of the Service for any activity: (1) that is unlawful (whether criminal or tortuous) under the Laws of any jurisdiction to which You or Exaltive are subject; (2) that constitutes competition with the Service; (3) that involves gaining unpermitted access to other computers or networks through hacking or other means, or the unpermitted use of the username or password of another user; (4) that automates Your use of the Service, including using scripts to add people to Your circle or to post or send comments; or (5) that interferes with the operation of the Service or places an undue burden on it.
5. Representations about Content
You agree to be responsible for all Content posted to the Service under Your username or password. You represent and warrant to Exaltive that You are either the owner of any Content posted under your username and password on the Service, or that You have all the rights necessary to grant the license set out in Section 6 of these Terms. You agree to pay any royalties or other sums owing to any third party for Content posted by You or under Your password, and to indemnify and hold harmless Exaltive from any claims, costs or liability incurred as a result of your violation of these Terms.
6. License to Content
You retain all ownership rights in any Content posted or transmitted by You through the Service to which You are entitled by law, and Exaltive does not claim any ownership rights in any Content posted or transmitted by You through the Service. However, when You post any Content to the Service, You grant to Exaltive a non-exclusive, fully paid, royalty-free license to use, distribute, reproduce, modify, adapt, and display among Your user group or perform such Content on the Service. It is necessary for You to grant this license in order for Exaltive to operate the Service. You may terminate the license to any particular Content by deleting it from the Service.
7. Monitoring of Content
Exaltive has no obligation to monitor user Content. However, Exaltive has the right and ability to perform such monitoring, and the right (but not the obligation) to reject or remove any Content violative of these Terms.
8. Copyrights and Trademarks
Other than Content posted by users, all content of this site or the Service is the property of Exaltive or its content suppliers, and is protected by copyright laws and international treaty provisions. The compilation of such content is also the exclusive property of Exaltive, and is likewise protected by U.S. and international copyright laws. The name “Exaltive” and the Exaltive Logo are registered trademarks of Exaltive Inc or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by Exaltive that appear on this site are the property of their respective owners.
9. Disclaimer of Warranties and Limitation of Liability
YOU AGREE THAT THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. Exaltive does not warrant that the Service will be available at any given time, secure, accurate or free of error. You use the Service at your own risk, and You assume the risk that the Service may provide incorrect information to You or Your workers, as well as the risk that any material downloaded by You from the Service may cause loss of data or damage to Your computer system. Exaltive makes no warranty of any kind with respect to user-generated Content, and specifically disclaims the implied warranties of merchantability, fitness, accuracy and non-infringement with respect to such Content. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL EXALTIVE BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF EXALTIVE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.
10. No Guaranteed Availability
Exaltive reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with a notice to You for the paid Services and / or without notice for the free Service. You agree that Exaltive will not be liable to You for any modification, suspension or discontinuance of the Service.
11. Termination of Service to You
You agree that Exaltive, in its sole discretion, may terminate Your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, our belief that You have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of Your access to the Service under any provision of these Terms may occur without prior notice to You, and You also agree that Exaltive will not be liable to You for any termination of Your access to the Service.
12. Indemnity
You agree to indemnify, defend and hold harmless Exaltive and its officers, directors, and employees from and against all damages, fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with Your Content and Your use of the Service.
13. Copyright Notice and Takedown Policy
If You are a copyright owner and You believe Your work has been copied and used improperly on the Exaltive Service, please contact our copyright Compliance Officer. Please provide the following information: (1) description of the work You claim has been infringed and the location of the alleged infringement on the Exaltive Service; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that You have a good faith belief the accused usage is infringing; and (5) a statement by You under penalty of perjury that the information in the notice is accurate and that You are duly authorized to act on behalf of the copyright owner. Contact us at info[at]exaltive.com.
14. Severability & Waiver
The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by Exaltive of strict performances of any provision of these Terms will not be a waiver of or prejudice Exaltive’s right to require strict performance of the same provision in the future or of any other provision of these Terms.
15. Controlling Law
Your use of Service shall be governed by and construed in accordance with the laws of India, without conflict of laws principle. All disputes arising out of or in relation to this service shall be subject to the exclusive jurisdictions of courts of Pune, Maharashtra, India.
16. Fees
Please contact info[at]exaltive.com for various subscription models offered by Exaltive.
17. Entire Agreement
These Terms together with Software License Agreement shall constitute the entire agreement between You and us as to their subject matter, and there are no other terms, conditions, or obligations between the parties relating to the use of the Service, other than those contained in these Terms and Software License Agreement. No modification of these Terms will be valid unless in writing and signed by both parties.
18. Feedback
You may, from time to time, voluntarily provide suggestions, techniques, know-how, comments, feedback or other input to us with respect to Exaltive. It will be Exaltive’s sole decision to accept any such suggestion and will not be binding on us. Any suggestions, techniques, know-how, comments sent to Exaltive including feedback data, such as questions, comments, suggestions, or the like regarding the Software (collectively “Feedback”), shall be deemed to be non-confidential. Exaltive shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Exaltive shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.