Terms of use - Clients

These terms of use constitute the agreement (“Agreement“) between you and Xemoto Media Ltd. (“Xemoto“, “we“, “us” or “our“), and governs your use of Xemoto’s website, www.xemoto.media, (the “Website“) and any content thereon (“Content“). Each time you use this Website you signify your acceptance of this Agreement and the acceptance of any person you purport to represent. If you do not agree to be bound by this Agreement, do not access or use this Website or the Content.

Xemoto is an Ontario-based corporation that provides an intuitive self-serve investor marketing platform through its suite of solutions. Its offices are located at 77 King St. W., Toronto, Ontario Canada, M5K1H1. For more information, contact us as set out in paragraph 13 below or on the Website.

The contents of this Website are provided for general informational purposes and do not constitute specific advice of any kind.

Information contained on this Website is believed to be accurate and reliable when placed on this Website, however, we cannot guarantee that it is accurate or complete or current at all times. The information provided is subject to change without notice and Xemoto cannot be held liable for any loss arising from any use of or reliance on the information contained on this Website.

This website and the content are provided “as is” without warranty or condition of any kind. Use of this website or the content is at your own risk. Xemoto and its officers, directors, employees or agents (collectively, the “xemoto parties” and each a “xemoto party“) do not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of this website or the content. The xemoto parties do not assume any responsibility for any errors, omissions or inaccuracies in this website or the content.

To the fullest extent permitted by law, the xemoto parties disclaim all warranties, representations and conditions of any kind with respect to this website and the content whether express, implied or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that this website and the content are or will be error free or will operate without interruption, or that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have the sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for viruses or other destructive properties. In no event will xemoto be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for (and to the fullest extent permitted by law, you release xemoto from) any liabilities and damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not xemoto or any other xemoto party is advised of the possibility of such damages, resulting from the use of, or the inability to make use of, this website or the content.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Links to other websites or references to advice, opinions, information, products, services or publications other than those of Xemoto at this Website do not imply the expressed or implied endorsement or approval of such websites, advice, opinions, information, products, services or publications by Xemoto.

Links from or to third party websites are intended for convenience only. Xemoto does not review, approve, endorse or control, and is not responsible for any third party sites linked from or to this website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your own risk, and Xemoto will not be responsible or liable for any damages in connection with linking.

Xemoto cannot ensure the privacy and authenticity of any information or instructions you send to us or that we send to you over the Internet. Xemoto will not be responsible for any loss or damages you may incur if you communicate confidential information to us over the Internet or if we communicate such information to you at your request.

The transmission of data or information over the Internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. Xemoto cannot guarantee the security of any communication to or from this Website. Xemoto does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the Internet, other forms of networks or otherwise while using this Website.

Any personal information (as such term is described in our privacy policy (“Privacy Policy“) is governed by our Privacy Policy which is located here.

This Website and the Content are protected by trade-mark and copyright laws. Xemoto grants to you a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to display the Content on your computer and to print, download and use the Content, provided that you do not modify such Content and you include with and display on each copy of such Content the associated trade-mark and/or copyright notices. No other use is permitted. Any modification or unauthorized use of the Content is a violation of Xemoto ‘s intellectual property rights and will subject the violator to legal action.

You acknowledge and agree that Xemoto may restrict, suspend or terminate your access to, and use of, all or any part of this Website, including any links to third party websites, at any time, with or without cause, including, without limitation, any breach of the terms of this Agreement, in Xemoto’s absolute discretion and without prior notice or liability.

This Agreement (which includes the Privacy Policy) constitutes the entire agreement between Xemoto and you pertaining to your use of this Website and the Content. Xemoto’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the provisions contained in this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions of this Agreement.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update any information in this website at any time without prior notice.

We undertake no obligation to update, amend or clarify information in this Website or Content thereon, except as required by law.

At any time and without prior notice, Xemoto may change this Website, the Content and this Agreement. It is your responsibility to check this Agreement for changes. Your continued use of this Website or the Content will be deemed to be your unconditional acceptance of any changes to this Agreement.

In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, and such determination shall not affect the validity and enforceability of any other remaining provisions.

The laws of the Province of Ontario and the federal laws of Canada applicable therein will govern this Agreement and your use of this Website.

Questions about the Website, the Content or this Agreement should be sent to us in writing by email or by mail to:

Xemoto Media Ltd.77 King Street WestToronto, ON M5K 1H1

Attention: Kelly Termeer

Email: k.termeer@xemotomedia.com

This Agreement was last updated and is effective as of January 31, 2022.

© 2021 Xemoto Media Ltd. All rights reserved. Reproduction in whole or in part without permission is prohibited.