Terms of Service for Exordium Live, LLC

Effective Date: 5/28/2024

Welcome to Exordium Live, LLC! These Terms of Service ("Terms") govern your use of our website, https://exordiumlive.com/ (the "Site"), and any related services, content, features, functionalities, and applications offered by Exordium Live, LLC (collectively, the "Services").

By accessing or using the Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the Site or Services.

1. Acceptance of Terms

By creating an account, making a purchase, accessing, or using any part of the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. If you are using the Services on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.

2. Services Description

Exordium Live, LLC provides a platform that facilitates access to various channel partners, including the ability to purchase memberships and subscriptions to their content. The specific content and features available will depend on your chosen membership or subscription plan and the offerings of our channel partners.

3. User Accounts

  • Account Creation: To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • Account Security: You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Exordium Live, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.
  • Eligibility: You must be at least [Insert Minimum Age, e.g., 13 or 18] years old to create an account and use the Services. By creating an account, you represent and warrant that you meet this age requirement. We do not knowingly collect data from individuals under [Minimum Age].

4. Subscriptions and Payments

  • Membership/Subscription: Our Services may include paid memberships or subscriptions that grant you access to premium content or features from our channel partners.
  • Payment Processing: All payments are processed through secure third-party payment processors (e.g., Stripe). You agree to abide by the terms and conditions of these payment processors. We do not store your full payment card details on our servers.
  • Pricing: All prices are listed in [Currency, e.g., USD] and are subject to change. Any changes in pricing will be communicated to you in advance.
  • Automatic Renewal: Unless otherwise stated, subscriptions may automatically renew at the end of each billing period. You will be charged the then-current subscription fee unless you cancel your subscription before the renewal date.
  • Cancellations and Refunds: Information regarding cancellation procedures and refund policies will be specified at the point of purchase or within your account settings. Generally, subscription fees are non-refundable unless otherwise required by law.

5. Permitted Use and Restrictions

  • License: Subject to your compliance with these Terms, Exordium Live, LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal, non-commercial use.
  • Prohibited Activities: You agree not to:
    • Use the Services for any unlawful purpose or in any way that violates any applicable local, state, national, or international law.
    • Circumvent, disable, or otherwise interfere with security-related features of the Services.
    • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as generally permitted through the normal functionality of the Services.
    • Attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services.
    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
    • Impersonate or attempt to impersonate Exordium Live, LLC, an Exordium Live, LLC employee, another user, or any other person or entity.

6. Intellectual Property

The Site and Services, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Exordium Live, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7. Third-Party Links and Content

The Site and Services may contain links to third-party websites or content provided by our channel partners or other third parties. These links are provided for your convenience only. Exordium Live, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your interactions with any third-party content or websites are solely between you and that third party.

8. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXORDIUM LIVE, LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

EXORDIUM LIVE, LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EXORDIUM LIVE, LLC, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Exordium Live, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or Services, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

11. Governing Law and Jurisdiction

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana, in each case located in Porter County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

13. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Exordium Live, LLC regarding the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

14. Contact Information

If you have any questions about these Terms, please contact us at:

[email protected]

Important Considerations and Missing Information for a More Robust ToS:

  • Specific Content Rules: Do you allow users to post content? If so, you need rules about acceptable content, copyright infringement, and moderation.
  • Copyright Infringement (DMCA): If users can upload content, you need a DMCA policy for handling copyright infringement claims.
  • User Conduct: More detailed rules about prohibited conduct (e.g., harassment, spamming).
  • Termination: Clear reasons and procedures for terminating user accounts.
  • Referral/Affiliate Programs: If you have these, specific terms for them.
  • Beta Features: If you offer beta features, terms for their use.
  • Dispute Resolution: More detailed clauses on arbitration or mediation if you intend to use them.
  • Channel Partner Responsibilities: Clarify that Exordium Live, LLC is not responsible for the content or actions of its channel partners.
  • Specific Refund Policy: Detail precise refund conditions for subscriptions/memberships.
  • Age of Majority: Confirm the exact minimum age for users (13 for COPPA compliance generally, but 18 is common for contract agreements).