To create a standard or premium Experium account (“Account”) or to use the Services associated with those accounts, you agree that you must be 13 years of age or older. However, if local law requires that you must be older than 13 years of age in order for Experium to lawfully provide the Services to you, then the Minimum Age is that older age.
Because Experium is a closed network “Experience Media” service and not an open “Social Media” environment, we provide limited functionality for Users less than the age of 13. Accounts of Users that are less than 13 years of age will be limited in functionality to view only, with the exception of media uploading and journal entry. Such Users will not be able to invite Connections or create Experiences. Accounts for individuals less than 13 years of age must be approved by that child’s parent or legal guardian. All requests for Connections must also be approved by that child’s parent or legal guardian. As a parent or legal guardian of a child whose Account you have approved, you agree to their Use of Experium and agree to monitor their Content for legal and social responsibility.
You are solely responsible for anything that happens through your Account unless you close it or report misuse. You agree to the following relating to registering and maintaining the security of your Account:
If you purchase any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. You also agree to the following:
You own the Content and information that you submit or Post to Services and you can control how it is shared through your privacy and application settings. In addition:
We may change, suspend or end any Service, or change and modify prices at our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. Experium reserves the right to limit your Use of the Services, including the number of your Connections, photos, videos, and your ability to contact other Members. Experium reserves the right to restrict, suspend, or terminate your account if Experium believes that you may be in breach of this Agreement or law or are misusing the Services. Experium is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any Content or information that you or others provide, except to the extent required by applicable law. All media Content (photographs, videos, etc.) is compressed when uploaded into Experium and as a result should not be used as a primary storage device. Experium recommends you store your original media in an environment separate and apart from Experium.
To keep Experium a safe and comfortable place for all Users, you agree to the following:
In order to make sending invitations to other people easier we allow you to access your phone contact list to use contact information located there. These invitations include inviting people via email addresses to be members of Experiences, Groups, Social Posts and invitations to be Connections in Experium.
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our Users and advertisers. In order to help us do that, you agree to the following:
Experium will notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services. Should you continue to use Experium after any such amendment, you will be deemed to agree to the amended terms, and subsequently be bound by such amended terms.
You acknowledge and agree that neither Experium nor any related parties or affiliates are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any Content posted or provided in connection with the Service, (ii) the conduct of any User; (iv) any error, omission or defect in any communications; or (v) any problems, failure or technical malfunctions in connection with the Service.
You are solely responsible for all Content you Post. The Service is accessed at your own discretion and risk, and you hereby waive any and all claims of action with respect to any damage to any personal property, device, computer, Internet service or data that may result from the Use of the Service.
Any third party content is the sole responsibility of the third party and Experium makes no representations or warranties as to the accuracy of such third party content, and does not endorse or accept responsibility of such third party content. Any advertisements, promotions, or links, is not the responsibility of such third party. Experium has no responsibility for any communication between Users and any third party.
Any advice or information posted through Experium is for informational and entertainment purposes only and is not meant to substitute any financial, medical, legal or other advice.
You acknowledge and agree that Experium is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any Content or information that you or others provide, except to the extent required by applicable law. All media Content (photographs, videos, etc.) is compressed when uploaded into Experium and as a result should not be used as a primary storage device. Experium recommends you store your original media in an environment separate and apart from Experium. You agree to indemnify and hold harmless Experium from any and all claims arising directly or indirectly from the loss of stored or posted Content.
WE DO NOT GUARANTEE THAT EXPERIUM WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT EXPERIUM WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS (AND UNLESS EXPERIUM HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), EXPERIUM SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OR CHANGE OF DATA, MATERIAL, OR INFORMATION PROVIDED TO EXPERIUM IN CONNECTION WITH THE SERVICES.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EXPERIUM AND ANY RELATED PARTIES INCLUDING ALL DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM ALL LOSS, LIABILITIES, ACTIONS, CLAIMS, COSTS AND DEMANDS MADE BY ANY THIRD PARTY, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTION WITH ANY CLAIM YOU HAVE AGAINST SUCH THIRD PARTY. EXPERIUM RETAINS THE RIGHT ASSUME THE EXCLUSIVE CONTROL OF ANY MANNER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVEN YOU AGREE TO FULLY COMPLY WITH EXPERIUM THEREIN.
IN NO EVENT SHALL THE LIABILITY OF EXPERIUM (AND THOSE THAT EXPERIUM WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS GREATER THAN AMOUNT PAID BY YOU IN RELATION TO THE SERVCE. THIS LIMITATION OF LIABILITY IS PART OF THE AGREEMENT AND RELATIONSHIP BETWEEN YOU AND EXPERIUM AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND APPLIES REGARDLESS OF WHETHER OR NOT EXPERIUM HAS BEEN MADE AWARE, OR SHOULD HAVE KNOWN, OF ANY SUCH DAMAGE.
Experium Services shall be governed and construed in accordance with the laws of the Province of Ontario and laws of Canada. The exclusive means of resolving any dispute or claim arising from this Agreement, the Data Policy or any Experium Service shall be by binding arbitration in the City of Toronto, in the Province of Ontario. Such Arbitrator shall be mutually agreed to between you and Experium and/or any parties involved in the dispute or claim. If the parties cannot mutually agree on an arbitrator, an arbitrator will be appointed. The arbitrator’s decision shall be binding on all parties. Experium will not be required to defend any action or claim by any means of litigation outside of binding arbitration by an arbitrator sitting in the City of Toronto in the Province of Ontario. You agree to forgo your right to commence or defend an action or claim in Court, and forgo your right to participate in any class action or other class proceeding in relation to any Experium Service.
Experium may provide you with notices and amendments to this Agreement using any reasonable means including by email, regular mail, SMS, MMS, text message or postings on the Website or through the Service. You agree that you are deemed to have received any and all notices. If this Agreement is violated by you in any way, you may not receive such notices, yet you are deemed to have received them as though you were using the Service in an authorized manner.
The failure of Experium to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, or a waiver or any other such right or provision within this Agreement.
Our customer service representatives are here to help you. You agree that you will not harass or threaten any employees of Experium. Please contact us with any questions you may have in relation to this Agreement, the Data Policy, or any other Experium inquires at:
By “Experium” or” Experium Services” we mean the features and services we make available, including through (a) our website at www.experium.app and any other Experium branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); and (b) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed.
By “Content” we mean anything you or other Users Post, provide or share using Experium Services.
By “Data” or “User Data” we mean any Data, including a User’s Content or information that you or third parties can retrieve from Experium.
By “Post” we mean Post on Experium or otherwise make available by using Experium.
By “Use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By “User” or “Member” we mean anyone who uses or accesses Experium and subsequently agrees to this User Agreement and the Data Policy.
Experium’s mission is to provide our users a safe, secure, and private environment where they can plan, organize, remember and share their most meaningful and memory-worthy moments. Our users value their time and only want to share their experiences and memories with those that matter most to them. We recognize that modern social media has diluted the richness of personal experience by driving the constant need for feedback, so we created a private and functionally-rich “Experience Media” environment for users who believe as we do.
We collect information from or about you depending on the Services you choose to use.
We believe that the best experiences we have as humans are the ones we don’t share with the world, only those that we have shared the experience with and those that really matter to us. We only use the information we have to help us provide and support our Services. Here’s how:
We allow you to connect and share with others by sharing your information in the following ways:
We work with third party companies to help provide and run our Services. Advertising companies also make it possible for us to provide free services to people around the world. Here are the types of third parties we can share your information with:
You can manage information you share with Experium on every screen where content is stored. Our goal is to make the management of your data as simple as possible. You can also easily delete your entire user profile in Settings. When you delete your profile, all of your content is permanently deleted. We store data only as long as it is necessary to provide products and services to you and others. Information associated with your account will be kept until your account is deleted, or until we no longer need the data to provide products and services.
If we receive a legal request, such as a search warrant or court order, we may access, preserve and share your information if we have a good faith belief that the law requires us to do so. It is our policy to disclose only the necessary information in connection with a civil or criminal investigation with user consent where gaining such consent is possible. We may also receive such legal requests from other jurisdictions outside of Canada where we may have to share such information under the same guidelines as inside of Canada. If we have a good faith belief it is necessary to detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others; or to prevent death or imminent bodily harm, we may also have to release the minimal information from our users. For example, we may provide information to third-party partners about the reliability of your account to prevent fraud and abuse on and off of our Services. Note that information about you, including financial data, that is required to be released as a result of such legal request may be accessed and retained for an extended period of time. Experium may also retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.
Before we make any changes we will notify you and allow you time to review and comment before continuing with our Services.
If you have any questions you can reach us:
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