• Our Users’ privacy is very important to us. As a result, Experium’s mission is to provide them 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 the 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. Please refer to our Data Policy for additional information. As a responsible User of Experium, and for the sake of the safety and positive experience of all Experium Users, you agree to the following:

1. Service Eligibility

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.

2.Membership and Account Security

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:

• You will not create an Account for anyone other than yourself unless the parent or legal guardian of a child less than 13 years of age.
• You will keep your contact information accurate and up-to-date.
• If creating a Experium ID and password (as opposed to using Google or Facebook to log in), you agree to choose a strong and secure password.
• You will not share your password, provide your Account, or do anything that might jeopardize the security of your Account.
• You will not transfer your Account or any part of your Account to another person.
• You will follow the law.

 3. Payment

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:

• Your purchase may be subject to foreign exchange fees or differences in prices based on location.
• Taxes are calculated based on the billing information that you provide at the time of the purchase.
• Should you choose to not continue “Premium Services”, your Content will continue to be stored in Experium and will be available to you within the confines of the functionality allowed within the standard service provided up and until your Account is deleted.
• Should you choose to upgrade to “Premium Services” again, your previous Content, unless deleted, will be available in its entirety.
• Experium is not responsible for any costs that may be incurred for the services external to Experium that are required to use Experium (for example, network charges, mobile usage charges, etc.).

 4. Your License to Experium

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:

• For Content that is covered by intellectual property rights, like photos and videos (IP Content), you specifically give us the following permissions, subject to your privacy and application settings:
  • you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to Use any IP Content that you Post on or in connection with Experium (IP License);
  • The IP License ends when you delete your IP Content or your account unless your Content has been shared with others, and they have not deleted it.
• We have the right, without compensation to you or others, to place advertisements near your Content and information.
• When you delete IP Content, removed Content may remain in backup copies for a reasonable period of time (but will not be available to others).
• When you make your information available to your Connections, you are allowing your Connections to view and possibly copy that information.
• Your feedback or other suggestions about Experium will allow us to improve our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

 5. Service Availability

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.

 6. User Code of Conduct

To keep Experium a safe and comfortable place for all Users, you agree to the following:

• You will not collect Users’ Content or information, or otherwise access Experium, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
• You will not upload viruses or other malicious code.
• You will not solicit login information or access an account belonging to someone else.
• You will not bully, intimidate, or harass any User.
• You will not Post Content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• You will not Use Experium to do anything unlawful, misleading, malicious, or discriminatory.
• You will not do anything that could disable, overburden, or impair the proper working or appearance of Experium, such as a denial of service attack or interference with page rendering.
• You will not facilitate or encourage any violations of this Statement or our policies.
• You will not Post Content or take any action on Experium that infringes or violates someone else’s rights or otherwise violates the law.
• You acknowledge that we can remove any Content or information you Post on Experium if we believe that it violates this Statement or our policies.
• You will not Post anyone’s identification documents or sensitive financial information on Experium.
• You will not Post photographs or videos of Users or non-users without their consent.
• You will not copy or Use the information, Content or Data on Experium, the Services or any related technology (except as expressly authorized by Experium).
• You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof.
• You will not interfere with the operation of, or place an unreasonable load on the Services (e.g. spam, denial of service attack, viruses, algorithms, etc.).

7. Android and iOS Apps

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.  

• You have the option to not use this feature and manually enter each email address to invite.  
• We temporarily upload your contact list email addresses to our servers in order to display an Experium icon beside any of your contacts that already have an Experium account.
• We do not store your contacts information in our servers or database nor do we use any of this information to contact them or market or advertise to them in anyway.
• This information is not shared with any 3rd-party providers.
• This is simply designed to make your Experium user experience better.

8. Advertising on 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:

• You give us permission to use your name, profile picture, Content, and information in connection with commercial, sponsored, or related Content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your Content or information, without any compensation to you. If you have selected a specific audience for your Content or information, we will respect your choice when we use it.
• We do not give your Content or information to advertisers without your consent.
• You understand that we may not always identify paid services and communications as such.

 9. Amendments

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.

 10. Disclaimer

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.

 11. Limit of Liability

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.

 12. Arbitration and Governing Law

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.

 13. Notice

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.

 14. Entire Agreement

This Agreement, along with the Data Policy and any other separate guidelines or rules posted on the Service contains the entire agreement between you and Experium regarding the Use of the Service. If any provision of this Agreement, Privacy Policy or separate guideline or rule is found to be invalid, the remainder of the Agreement shall continue in full force and effect.

 15. Waiver

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.

 16. Contact

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:

Experium Inc.

(289) 309-1296

info@experiuminc.com

 17. Definitions

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.