TERMS AND CONDITIONS

DXV Loops End User License Agreement
In summary, here are some general guidelines:
    • You are able to make one copy, backup, or archive of the content as necessary for use within the same purchasing organization.
    • You may use the content in any virtual kind of corporate setting: service, event, conference, concert, club, multimedia presentation, film and video presentation, commercial, DVD menu, etc.
    • You are allowed to ask us any questions if you have concerns or inquires about usage.
    • You are encouraged to read the entire document, not just this overview!
    • Do NOT use the content in any template for resale.
    • Do NOT copy, duplicate, replicate or re-master the content in any way.
    • Do NOT full-screen broadcast the content over the Internet, radio or television.
    • Do NOT provide the content in downloadable format on the Internet or use the content on a website; Do NOT distribute the content you purchase.
    • Do NOT repackage the content with any other collection of media products for distribution or resale.
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CONTENT LICENSE AGREEMENT
This is a legal contract between you and Orange Thread Media, LLC, DBA DXVLoops.com. By purchasing content from our website, you have agreed to be bound by the terms of this Agreement in respect of the content stored therein. If you do not accept or agree with these terms, do not purchase any content.
This is a license, not a sale. We, or our Producers, continue to own the intellectual property rights in the content. The content is provided under the terms of the following license agreement (“Agreement”) that states what you may and may not do with the content and contains limitations on warranties and remedies. Only you are permitted to use the content. Any additional persons who wish to use the content must purchase an additional copy of the content from the DXVLoops website themselves.
Within this Agreement, “DXVLoops.com,” “we,” “our,” and “us” refers to Orange Thread Media, LLC, DBA DXVLoops.com, and “you” and “your” refers to you, the consumer/customer/purchaser/organization.
1. This Agreement governs your use of all DXV’s content (namely, any photographic image, animation, video or film clip, illustration, audio clip, Flash file, or other audio-visual material in any format) that you are downloading from the DXV website in conjunction with you entering into this Agreement with DXV (“content”). You acknowledge that the content is the property of DXVLoops and its Producers (third party entities that distribute their media and content through DXV). If you are entering this Agreement on behalf of your organization, company, business or entity, then your entity is bound to the license granted and the restrictions and limitations detailed herein regardless of your future employment with such entity.
2. We hereby grant to you a perpetual, non-exclusive, non-transferable license to use the content on the terms and conditions contained in this Agreement. Unless the activity is expressly permitted, you cannot do it. All other rights to and in the content and accompanying materials (if applicable), including, without limitation, all intellectual property rights relating thereto, are retained by DXV or its Partners, as the case may be.
PERMITTED USES:
1. You may:
(a) Install the content in only one location; you may physically transfer the content and its archives from one location to another, however it may only be used in one location at a time.
(b) Make one (1) copy of the content solely for back-up purposes; you must reproduce all proprietary notices on this single back-up copy.
(c) Use the product on an unlimited, royalty-free basis, assuming all other manners of this agreement have been followed.
(d) Show the content in corporate settings (i.e. concerts, conferences, etc.).
(e) Transfer files containing content to your entity’s server, computer, or ISP for the purpose of presentation, provided that such parties shall have no further rights to use or distribute the content.
PROHIBITED USES:
4. You may not do anything with the content that is not expressly permitted. You may not provide a copy of the content, or any portions thereof, to anyone or allow anyone to gain access to the content, or any portion thereof, except as permitted above. For greater certainty, you may not:
(a) Use the content in other video/media clips for resale or reproduction, including, without limitation, video of content being used in an event, video of content being used in a conference.
(b) Full-Screen Broadcast the video/media clips through any medium, including, without limitation, the Internet, radio or television.
(c) Use the content or portions of the content for your website.
(d) Incorporate the content in any product that results in a re-distribution of the content or portions of the content.
(e) Use the content in a fashion that is considered by DXV (acting reasonably) as obscene, defamatory or libelous in nature.
(f) Copy, duplicate, replicate or re-master the content in any way.
(g) Remove any notice of copyright, trademark or other proprietary right from any place where it appears on or in the content or its accompanying materials.
(h) Sub-license, re-sell, rent, lend, or otherwise distribute the content.
(i) Post a copy of the content on a network server or web server for use by other users.
(j) Full-Screen Broadcast the content over the Internet, radio or television.
(j) Transfer the rights to the content or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement.
TERM:
5. This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the content along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the content for any purpose. The Agreement also terminates if at any time you fail to comply with the terms of this Agreement. Upon termination of this Agreement, you hereby agree to destroy all copies and archives of the content, to cease using the content for any purpose, and to confirm to DXV in writing that you have complied with these requirements.
6. Termination of this Agreement does not relieve you of your responsibilities to pay any amounts due to DXV under this agreement or your obligations to not use the content other than in the manner permitted under this Agreement.
LIMITED REPRESENTATIONS AND WARRANTIES:
7. The DXVLoops website acts as an exchange of content between those who provide content to the website (our Producers) and those who wish to use such content. Accordingly, DXV makes no representation or warranty that any content provided is Royalty Free.
8. Statements as to any rights and ownership of the content are provided as a reference only and questions regarding the usability for any purpose or proposed use should be directed to the Producer who uploaded or otherwise provided the content to our website.
9. THE CONTENT AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED “AS IS” WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. DXV DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT DXV) ASSUME THE ENTIRE COST OF ALL NECESSARY CORRECTIONS.
10. Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.
LIMITATION OF REMEDIES & LIABILITY:
11. IN NO EVENT SHALL DXV OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
12. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO DXV UNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE CONTENT.
13. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. INDEMNIFICATION:
14. You agree to indemnify and hold DXVLoops harmless against all claims or liability asserted against DXVLoops arising out of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.
GENERAL:
15. If any provision or part thereof of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
16. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the content, pursuant to this Agreement.
17. DXVLoops reserves the right to elect at a later date to replace the content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you at the time the content was downloaded, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced content terminates for any products that do not already exist, and this license automatically applies to the replacement content. You agree not to use the replaced content for future products and to take all reasonable steps to discontinue use of the replaced content in products that already exist.
JURISDICTION & ARBITRATION:
18. This Agreement will be governed under the laws of the State of Tennessee and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles). You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the content was downloaded, or such other address as you may advise us in writing to use, from time to time.
19. Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Nashville, Davidson County, Tennessee.
20. If DXV is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse DXV for its legal fees, costs and disbursements if DXV is successful.
21. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DXV, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND DXV RELATING TO THE SUBJECT OF THIS AGREEMENT.
If you have any questions about this EULA please don’t hesitate to call our team at (615) 724-1502 or send us a note via our Contact form.

 

DXVLoops.com Privacy Policy

At Orange Thread Media, LLC DBA DXVLoops (referred to as “Company,” “us” or “we”), we recognize that your privacy is important. This Policy discloses the privacy policy for the Company’s family of Websites (collectively, the “Site”), as well as related products and services we may offer to you the consumer (referred to as “Consumer,” “you” or “your.”) The company’s family of Websites includes triplewidemedia.com, articles.triplewidemedia.com, dxvloops.com, crowdvisuals.com, and twm.co. This Policy also covers how personal and other information that we receive or collect about you is treated. Please read the information below to learn the following regarding your use of this Site.

We reserve the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and by updating any privacy information on this page. Your continued use of the Site and or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by that Policy.

If you have any questions about this Policy, please feel free to contact us at: info@dxvloops.com

DXVLoops and its partners are committed to protecting your privacy. It is our desire to make sure that you are aware of how we protect your privacy. When you purchase content, we collect information from you and use it for the sole purpose of processing that order. If you choose to partake in our newsletter via the opt-ins available, we will send periodic updates as a way to keep you in touch with what we’re up to. Any updates to this privacy policy or changes to the operations of our website or its practices will be sent via email to the email address you have registered with in your account on DXVLoops.

When ordering or registering on our site, as appropriate, you may be asked to enter your name, e-mail address, mailing address or phone number. You may, however, visit and browse our site anonymously. The use of your personal data is used to track sales and maintain records of your activity on the site while logged in to your account.

 

WHAT DO WE USE YOUR INFORMATION FOR?

Any of the information we collect from you may be used in one of the following ways:

  • To personalize your experience: your information (name, email address, purchase history, and wish lists) help us better respond to your individual needs.
  • To improve our website: we continually strive to make an excellent experience for our customers and assist in providing the right offerings based on the information and feedback we receive from you.
  • To improve customer service: your information helps us to more effectively respond to your customer service requests and support needs.
  • To process transactions: Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company (outside of our partners) for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested by the customer.
  • To send periodic emails: The email address you provide for order processing may be used to send occasional updates on information pertaining to your order. In addition, it may be used to send occasional company news, updates, related products or service information.
  • To administer any forthcoming contests, promotions, surveys or other site features.

 

HOW DO WE PROTECT YOUR INFORMATION?

We implement a variety of security measures to maintain the safety of your personal information when you access your personal information. Using third party IP Protection software CloudFlare coupled with the latest SSL security certificates, we ensure that your content can’t be accessed without our permission. Furthermore, we never sell your information or pass your information to a third party without your explicit permission.

 

DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTNERS?

We do not sell, trade or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. Examples of this include our payment processing system (Stripe) and our email newsletter provider (MailChimp.) We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, brand growth or other uses such as site metrics, download statistics, and trending algorithms.

 

THIRD PARTY LINKS

Occasionally, at our discretion, we may include links or offers to third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

 

ONLINE PRIVACY POLICY ONLY

This privacy policy applies only to the information that we collect through our website and not to information collected offline. For information collected offline or external to the Company website, we store information within our email service (for email inquiries.) For offline inquiries, we convert data to online store via our email service.

 

PAYMENT POLICY

All sales are final. By purchasing DXVLoops Media content, you agree that DXVLoops accepts no returns. If the content becomes defective in any way, please contact us. DXVLoops is not liable for the loss of any content. Please back up your content prior to formatting and deleting information.

 

CONTACT INFORMATION

Orange Thread Media, LLC DBA DXVLoops
2006 Acklen Avenue, Suite 128341
Nashville, TN 37212 USA
Phone: (615) 724-1502

DXVLoops.com Customer Agreement

This Customer Agreement governs your access in the DXVloops.com community, allowing you full access to the customer portions of the web site located at DXVLoops.com (the “Site”). This Customer Agreement is in addition to the Terms of Use applicable to the Site. The Site is operated by Orange Thread Media, LLC.

Access and use of the customer portions of the Site are provided by Orange Thread Media, LLC to you on condition that you accept the terms and conditions of this Customer Agreement and the License, and by accessing or using the customer portions of the Site, you agree to the terms and conditions of this Customer Agreement and the License Agreement. If you do not agree to accept and abide by this Customer Agreement and the License Agreement, you should not create an account. In the event of any inconsistency between this Customer Agreement and the License, the terms of this Customer Agreement shall govern.

Orange Thread Media, LLC reserves the right, in its discretion, to change or modify all or any part of this Customer Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the customer portions of the Site after such notice constitutes your binding acceptance of the terms and conditions in this Customer Agreement, including any changes or modifications made by Orange Thread Media, LLC as permitted above. If at any time the terms and conditions of this Customer Agreement are no longer acceptable to you, you should immediately cease use of the customer portions of the Site.

Use of Content

You acknowledge that the Site contains or may contain information, software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and other material (collectively, “Content”) which is protected by copyright, trademark or other proprietary rights of Orange Thread Media, LLC and its affiliates or other third parties (including other customers).

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Customer Agreement and any other agreement entered into at the time such Content was downloaded (such as the License Agreement).

You may download Content only in accordance with the terms of this Customer Agreement and the then applicable License Agreement.

Registration Data and Account Security

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Orange Thread Media, LLC, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Orange Thread Media, LLC immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Orange Thread Media, LLC.

Rules of Conduct

You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, you agree that when uploading to or communicating via the Site, including in respect of any forums, chat-rooms or other exchanges (a “Forum”) accessed on or through the Site, you shall not do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, Producers, Administrators, or Partners.
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
  • Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
  • Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
  • Falsify the origin or source of a file that is uploaded.
  • Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
  • Download any file posted by another user of a Forum.
  • Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or Orange Thread Media, LLC’s business.

You acknowledge that Forums are public and not private communications. Further, you acknowledge that no communication of a third party or Content is endorsed by Orange Thread Media, LLC and no communication of a third party or Content may be considered reviewed, screened or approved by Orange Thread Media, LLC. As explained below, Orange Thread Media, LLC reserves the right for any reason to remove without notice any communication, Content or other material posted to the Site.

You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other DXVloops.com customer accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Managing Content

Orange Thread Media, LLC does not and cannot review all communications within the Site and is not responsible for the content of such communications. Notwithstanding the foregoing, Orange Thread Media, LLC reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Customer Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Customer Name. Orange Thread Media, LLC shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by Orange Thread Media, LLC to determine Accepted Content is done as a courtesy only.

Orange Thread Media, LLC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Orange Thread Media, LLC with notice of such infringement.

Confidential Information

You acknowledge that the Confidential Information (defined below) which you obtain through the entering into of this Customer Agreement and the use of the Site constitutes valuable, confidential, proprietary information of Orange Thread Media, LLC and its licensors, and you agree that during the term of this Customer Agreement and thereafter you shall not, without the express written consent of Orange Thread Media, LLC, use or disclose to any other person any such Confidential Information, except as specifically authorized under this Customer Agreement or as required by applicable law.

For the purposes of this Customer Agreement, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of DXVloops.com, its customers, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.

Indemnity

You agree to indemnify, defend and hold Orange Thread Media, LLC and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “ResoluteLoops.com Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any DXVloops.com Party in connection with: (i) any use or alleged use of the Site under your Customer Name by any person, whether or not authorized by you; (ii) or resulting from any communication made or Content uploaded under your Customer Name; or (iii) any breach by you of this Customer Agreement. Orange Thread Media, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Orange Thread Media, LLC’s defense of such claim.

Term and Termination

This Customer Agreement is effective until terminated. You may terminate this Customer Agreement at any time by emailing info@dxvloops.com or by such other means of written notice acceptable to Orange Thread Media, LLC which enables confirmation of your identity and your intention to terminate. Orange Thread Media, LLC reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the customer portions of the Site at any time for any reason without prior notice or liability. Orange Thread Media, LLC may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Orange Thread Media, LLC may also terminate or suspend your access to the customer portions of the Site for inactivity, which is defined as failing to access the customer portions of the Site for an extended period of time, as reasonably determined by Orange Thread Media, LLC.

Termination of this Customer Agreement does not relieve you of your responsibilities to pay any amounts due to Orange Thread Media, LLC under this Customer Agreement or your obligations to not use the customer portions of the Site or any Content other than in the manner permitted under this Customer Agreement or any other agreement entered into at the time such Content was downloaded (such as the License Agreement). Termination of this Customer Agreement shall operate without prejudice to the Orange Thread Media, LLC’s rights, defenses and limitations of liability provided under this Customer Agreement, which rights, defenses and limitations of liability shall survive termination of this Customer Agreement.

Upon termination of your access to the customer portions of the Site, you agree to forfeit all download credits remaining in your account.

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ORANGE THREAD MEDIA, LLC DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

ORANGE THREAD MEDIA, LLC DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL ORANGE THREAD MEDIA, LLC OR ANY OF ITS DIRECTORS, PRODUCERS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS CUSTOMER AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF ORANGE THREAD MEDIA, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

Applicable law

This Agreement will be governed under the laws of the State of Tennessee and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles). You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the content was downloaded, or such other address as you may advise us in writing to use, from time to time.

General

You specifically agree and acknowledge that you have, in addition to the terms of this Customer Agreement, reviewed the terms of the License Agreement and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation herein you agree to be bound by them.

If any provision or part thereof of this Customer Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. This Agreement is personal to you and is not assignable by you without Orange Thread Media, LLC’s prior written consent. Orange Thread Media may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.

Contact

If you have concerns relating to the Site or this Customer Agreement, please contact DXVloops.com at info@dxvloops.com or via phone at (615) 724-1502.

Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CUSTOMER AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ORANGE THREAD MEDIA, LLC, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND ORANGE THREAD MEDIA, LLC RELATING TO THE SUBJECT OF THIS CUSTOMER AGREEMENT.