Terms of Use

Terms of Use

XM STUDIO and Xavier Munch make this web site (this “Site”) and the XM STudio FTP Client Site (the “Service”) available subject to the terms and conditions contained herein, including, but not limited to, the Privacy Policy below (collectively, these “Terms”).

BY CLICKING THE “I AGREE” BUTTON OR ACCESSING OR USING ANY PART OF THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS SITE.

INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, XM STUDIO RESERVES THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF THIS SITE AND SERVICE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED VERSION OF THESE TERMS THAT MAY BE POSTED ON THIS SITE.

Protected Proprietary Rights to Content

The content displayed on this Site, including, but not limited to, text, software, music, sound, moving images, still images, design or graphics (the “Content”), is protected by copyright, trademark, patent and other rights and laws (the “Rights”) and is owned, controlled or licensed by or to XM STUDIO, its licensors and/or its clients. You should therefore assume that everything you see, read or hear on this Site is copyrighted, trademarked, patented or otherwise protected unless noted.

You agree that you shall not, except as expressly provided for otherwise herein, copy, distribute, modify, post, reproduce, republish, transmit, use or upload in any way the Content without the prior written permission of XM STUDIO or, in the case of material owned by its licensors or clients, the prior written permission of the owner of such material. Such prohibited acts include, but are not limited to, modification or use of any of the Content in the creation of derivative works.

Any unauthorized use of the materials may violate copyright laws, trademark laws, patent laws, the laws of privacy and publicity, and/or communications regulations and statutes. You are hereby advised that XM STUDIO and its licensors and clients will aggressively enforce their respective Rights to the fullest extent of the law.

Prohibited Conduct

In your use of this Site and the Service, you may not: (i) infringe any patent, trademark, copyright, right of publicity or other right of any party; (ii) interfere with the security or usability of the Service, this Site; (iii) Damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks…; (iv) use any inappropriate language or behavior in your comments, inluding, but not limited to, violence, hatefull, racist, insulting messages…

If you become aware of any conduct that violates these Terms, XM STUDIO encourages you to report it immediately using the contact information provided below.

Intellectual Property Rights Policy

XM STUDIO respects the intellectual property rights of others and expects its users to do the same. XM STUDIO may remove content that appears to infringe the intellectual property rights of others. If you notice any photography or content that seems copyrighted and that has been used by XM STUDIO with being aware of it, please contact us immediately through the contact page.

According to French laws, if you appear in one of our media and want this media to be removed from public access, please contact us through the contact page. French laws authorizes the author, with the consent of the subject, to use any photography or video for a first period of time, defined through agreement. In the case where no agreement were signed, but where subject and author were both working at the creation of any content (video, photography…), XM STUDIO consider the subject to be aware of its rights, and consider the subject to tacitly accept this content to be used. The initial period is of two years, following which, the subject may request the content to be removed, through registered letter for French resident or through mail for foreigners. XM STUDIO reserves itself a three months delay after receiving any request for the content to be removed.

In the case of people being photographed or filmed “randomly” (during a trip, in public places …), they can request the content to be removed immediately. XM STUDIO reserves itself a three months delay after receiving any request for the content to be removed.

Notice and Disclaimer of Warranty

Your accessing, using and browsing this Site shall be at your own risk. XM STUDIO neither warrants nor represents that the Content displayed on this Site does not infringe rights of third parties not owned by or affiliated with XM STUDIO. Furthermore, XM STUDIO makes no warranties or representations as to the accuracy of the Content and assumes no liability or responsibility for any errors, inaccuracies or omissions in the Content. The Content may be out of date, and XM STUDIO makes no commitment to update the Content. XM STUDIO assumes no responsibility, and shall not be liable for, any damage (including, but not limited to, damage arising from computer viruses or similar software code) to your computer equipment or other property that results from your accessing, using or browsing this Site or your downloading of or request for any materials, data, text, images, video or audio from this Site.

Global Access/Jurisdiction

This Site is owned and operated by Xavier Munch from its offices within the State of France. XM STUDIO makes no representation that materials on this Site are appropriate or available for use in all locations, domestic or foreign. Access to this Site from your location is done on your own initiative and at your own risk and you agree to abide by all applicable international, national, state, regional and local laws.

Entire Agreement

This is the entire agreement between XM STUDIO and you relating to the matters contained herein and cannot be modified by you except in a writing that is countersigned by XM STUDIO.

XM STUDIO may modify these Terms without prior notice. You are bound by any such modifications and should therefore check to see whether these Terms have been modified (see “Last modified” date below) each time you use this Site or the Service. XM STUDIO may, in its sole and absolute discretion, terminate or modify this Site or the Service at any time, and there is no guarantee that you will have access to this Site or the Service at any time. XM STUDIO shall have no liability to you or any third party in the event your access to this Site, this Site itself or the Service, is terminated for any reason.

Last modified March 13, 2016. Copyright © 2016 XM STUDIO.

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