Web Store Terms of Service​

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Effective January 1, 2024

 

1. The Services

This website or other service is operated by IXM MEDIA LLC, hereinafter referred to as IXM MEDIA ("IXM MEDIA" or "we"). These Web Store Terms of Service ("TOS") govern every user's access to and utilization of this site or services offered by IXM MEDIA (the "Services"), whether accessed through the Internet or any other medium currently known or developed in the future, on any device currently known or developed in the future. The Services may encompass one or more of the following: browsing and/or using a website, whether publicly accessible or with restricted access; fan clubs and other subscription sites; contests; email subscription lists; search services; online stores (including other shopping services) for exploring and purchasing merchandise, tickets to concerts and other events, and various items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other means of online and/or electronic communication; uploading and downloading music, photos, text, video, and other audio and visual content; viewing and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials, or activities that may be periodically available on an IXM MEDIA site or other Service. The Services do not include Internet access, and separate fees from third parties may be applicable.

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2. Age Requirements

To use the Services, you must be at least 13 years old. If you are under 13 years of age, you may not utilize the Services, and you are directed to exit this website or other Service. If you are between the ages of 13 and 17, you may only use the Services under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and/or terminated without a refund or prior notice if, in our sole discretion, we determine that you are under 13 years of age or are between the ages of 13 and 17 and are using the Services without proper supervision and/or without the written consent of your parent or legal guardian.

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3. Legal Agreement Between You and IXM MEDIA; Visitors and Registered Users

These Terms of Service (TOS) establish a legal agreement between the user of the Services ("you") and IXM MEDIA. You must accept and agree to all the terms, conditions, restrictions, and notices contained in this TOS without any alterations to access and/or use the Services. By using the Services, you consent to be legally bound by this TOS, whether you are a "Visitor" (i.e., someone who merely browses a site on the Service) or a "Registered User" (i.e., someone who has registered as a user of the Services). In this context, the terms "users" and "you" apply to both Visitors and Registered Users of the Services. You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TOS. We strongly advise that you carefully read this TOS in its entirety. If you disagree with any of these terms, you should leave this website and cease all use of the Services immediately. If you do not accept this TOS in full, you do not have permission to access or use the Services.

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4. Modification of These Terms of Service

IXM MEDIA may need to update or revise this TOS periodically to account for changes in the Services, alterations in laws affecting the Services, modifications in IXM MEDIA's policies, or other relevant reasons. When such updates or revisions occur, IXM MEDIA will make reasonable efforts to notify users through one or more of the following methods: (1) IXM MEDIA will update the "last updated" date at the bottom of this TOS; (2) IXM MEDIA may post a notice of the update on the website or other Service; and/or (3) IXM MEDIA may send an email notification of the update to Registered Users. Please understand that IXM MEDIA retains the right to make these changes, and it is your responsibility to regularly review this TOS as posted on the website or other Service. Continued access to or use of the Services after any such change signifies your consent to the revised terms. Unless explicitly stated otherwise, any new features that alter or enhance the Services will also be subject to this TOS, as modified from time to time.

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5. Privacy Policy

To use the Services, you may be required to register. During registration, you may need to provide personal information, and it is your responsibility to keep this information current. Additionally, data related to your online communications, transactions, purchase history, and usage patterns may be collected, analyzed, and stored. Detailed information regarding IXM MEDIA's use and limited disclosure of your personal data can be found in the Privacy Policy. The Privacy Policy is incorporated into this TOS by reference, and by agreeing to this TOS, you also agree to the Privacy Policy. We urge you to carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you are not permitted to access or use the Services. In the event of conflicting terms between this TOS and the Privacy Policy, the Privacy Policy shall take precedence.

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6. Customer Service

Our customer service office is open from 10:00 AM to 6:00 PM Pacific Time, Monday through Friday, excluding holidays. If you have any inquiries, please contact Customer Service. We make every effort to respond to all queries within two (2) business days, but please allow for potential delays.

PURCHASING TERMS: MERCHANDISE

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7. Pricing and Payments

All prices are denominated in US Dollars. Payment in full is required in advance through Visa or MasterCard, and in some cases, American Express may also be accepted if specified on the applicable site. Prices may change periodically at IXM MEDIA's sole discretion.

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8. Order Processing

Orders are processed immediately upon receipt. Once an order has been processed, it cannot be canceled, changed, or combined with other orders. Please ensure that your shipping address is accurate and complete before finalizing your order since it cannot be altered once processing has begun.

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9. Shipping

Orders that exclusively contain in-stock items are typically shipped within one (1) to three (3) business days. Orders containing one (1) or more pre-order items are typically shipped one (1) to three (3) business days after the pre-order item(s) arrive(s) at our shipping warehouse. Shipping may experience slight delays on US holidays.

Orders are considered delivered when the shipping carrier confirms successful delivery to the address you provided during checkout. Non-receipt of orders that have been deemed delivered is not the responsibility of IXM MEDIA. Additionally, IXM MEDIA is not liable for non-receipt of orders due to inaccurate or incomplete submission of shipping addresses during signup.

Domestic Shipping (US):

USPS and FedEx serve as our domestic carriers. If FedEx is chosen, please note that P.O. Boxes cannot be used as the "ship to" address, as this will result in your order being classified as an "Undeliverable Package" (see the Undeliverable Packages section below). The shipping timeframes provided during checkout are estimates. USPS typically delivers within three (3) to ten (10) business days, while FedEx delivery timeframes depend on the selected service. If you have not received your delivery, you must contact us within sixty (60) days of purchase; otherwise, we will not be obligated to re-ship. Shipping charges are determined by the quantity, weight, type of items ordered, and the chosen shipping carrier and service. We do not offer COD shipping.

International Shipping (Outside The US):

The shipping timeframes provided during checkout are estimates. International orders typically take two (2) to four (4) weeks for delivery, with a maximum allowance of up to six (6) weeks. If you have not received your delivery, you must contact us within sixty (60) days of purchase. We will only re-ship orders if a trackable shipping method was selected. Please choose your shipping method wisely. IXM MEDIA will not re-ship orders due to non-receipt unless you opt for International Priority (a trackable shipping method) during checkout. We do not offer COD shipping. You are responsible for any duties and taxes incurred upon delivery. Failure to pay duties and taxes will result in your order being returned to IXM MEDIA, with a $5.00 return fee applied. While you will receive a credit for the order subtotal, you will not be refunded the cost of shipping and handling or (if applicable) gift wrap.

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10. Refunds, Returns, and Exchanges

If you have received merchandise that is damaged, defective, or incorrectly shipped, please reach out to Customer Service and return the product within 30 days of receipt, following the Return/Exchange Instructions provided below. We will promptly replace or refund the merchandise without additional charge upon receipt.

For orders placed in error or if you are unsatisfied with your purchase, please adhere to the Return/Exchange Instructions provided below (also found on your packing slip). For these returns, original shipping and handling charges will not be refunded, and you will be responsible for all expenses related to return shipment, including a $5.00 restocking fee.

IXM MEDIA will not accept returns or exchanges beyond 30 days from receipt (unless non-trackable delivery methods were used, making it impossible to determine the receipt date). IXM MEDIA is not liable for items sent via non-trackable delivery that become lost in transit.

When contacting Customer Service and making a return, please include the following details in your email:

• Your order confirmation number

• Your first and last name

• Your mailing address

• Your phone number

• The item(s) you are returning and the reason for the return

• Your preference for handling the return or exchange

We strongly recommend using a mail service with tracking or insurance when returning items.

Ship to:

Tucker Gentry c/o Tucker Gentry Store Returns 316 Villa Dr., PMB 10137, Box Elder, SD 57719

Once your return is received, we will process an exchange or credit your credit card as appropriate. Please allow 4-6 weeks for your return to be processed.

Items That Cannot Be Returned or Exchanged:

Unfortunately, the items listed below cannot be refunded, returned, or exchanged. All sales of these items are final except only in the case of a manufacturer's defect, backorder (see section below), unshipped pre-order (see section below), or undeliverable package (see section below).

1. Music or Book Pre-Orders

2. Any autographed, collectible items.

3. Any apparel item deemed by IXM MEDIA to show obvious signs of use

4. Any physical media (CDs, DVDs, vinyl records) that has been opened (removed from its plastic wrap)

5. Any downloadable media

6. Any item that is not in its original condition (for example, is damaged or missing parts) for reasons not due to an error on IXM MEDIA's part.

IXM MEDIA will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to IXM MEDIA (see the Undeliverable Packages section below for details). IXM MEDIA will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.

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11. Backorders

• If all the items included in your order are out of stock, you will be notified via e-mail that your order has been canceled due to a lack of inventory, and you will be issued a full refund of your order total (including shipping and handling, gift wrap, and tax).

• If some but not all the items included in your order are out of stock, you will be notified via e-mail that your order has been placed on hold due to a lack of inventory, and you will be asked to advise IXM MEDIA to:

  • Hold your entire order until the item or items that are out of stock are re-stocked; OR

  • Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than the item originally ordered and will be subject to approval by IXM MEDIA); OR

  • Ship the items that are in stock, issue a full refund for the item or items that are out of stock, and issue a partial refund for the cost of shipping and handling and (if applicable) tax; OR

  • Cancel your entire order and issue a full refund of your order total (including shipping and handling, gift wrap, and tax).

IXM MEDIA will hold your entire order until either (a) you respond to this email or (b) the item or items that are out of stock are re-stocked.

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12. Unshipped Pre-orders

Music and Books: Pre-order items cannot be canceled. If you have received a defective or damaged product, you may return the item for an exchange if the item is still available. You may contact Customer Service to submit a return request.

Apparel and Accessories: If your order contains one (1) or more pre-order items, you may cancel it at any time prior to shipment to receive a full refund of your order total (including shipping and handling, gift wrap, and tax). You may contact Customer Service via email to submit a refund request. Orders that contain one (1) or more pre-order items cannot be canceled after the pre-order item(s) arrive(s) at our warehouse and the order is shipped.

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13. Undeliverable Packages

If for any reason your order is classified as undeliverable and returned to IXM MEDIA, you will be notified via email that your order has been canceled due to a failed delivery attempt, and you will be issued a refund of your order subtotal. Shipping and handling and (if applicable) gift wrap will not be refunded. IXM MEDIA will not re-ship any order that is classified as undeliverable and returned to us.

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14. State Sales Tax

In accordance with state law, we are required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order pre-tax total, including shipping and handling (where required and if applicable).

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15. Technical Requirements

To utilize the Services, we recommend the hardware and software specifications outlined below. IXM MEDIA is not responsible for any failure to operate the IXM MEDIA Services resulting from not using the recommended hardware and software.

Computer:

• Any computer with the Windows operating system (version Windows 10 or higher) or Mac OS X (version 12 or higher); and

• Your computer must meet the minimum technical requirements of the supported Web Browser Software listed below.

Web Browser Software:

• Microsoft Bing: the current version available at microsoft.com and the immediately preceding major version

• Mozilla Firefox: the current version available at getfirefox.com and the immediately preceding major version

• Apple Safari: the current version available at apple.com/safari and the immediately preceding major version

• Google Chrome: the current version available at google.com/chrome and the immediately preceding major version

Additionally, the following features must be enabled when using one of the mentioned browsers. Refer to your browser's documentation for instructions on enabling the latest version of these features:

• Cookies

• JavaScript

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16. Personal and Non-Commercial Use Only

You may use the IXM MEDIA Services solely for your personal and non-commercial purposes. Each IXM MEDIA account is intended for use by a single user exclusively, and you may not share or permit others to use your IXM MEDIA account to access the IXM MEDIA Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, downloads, or services that are part of the IXM MEDIA Services, except as expressly provided in this Terms of Service.

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17. Illegal and Unauthorized Use

Prohibited activities related to the IXM MEDIA Services include, but are not limited to, the collection of usernames and/or email addresses for unsolicited email purposes, unauthorized framing or linking to IXM MEDIA Sites, and the placement of unauthorized advertisements or solicitations. Commercial advertisements, affiliate links, and other forms of solicitation are strictly prohibited unless expressly authorized through a written agreement with IXM MEDIA. Unauthorized advertisements or solicitations may result in the termination of user registration, membership, and privileges at IXM MEDIA's sole discretion. Legal action may be taken for any illegal or unauthorized use of IXM MEDIA Services.

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18. Delay or Failure to Provide Services

IXM MEDIA is not accountable for any delays or failures to provide content, materials, or other Services resulting from causes beyond IXM MEDIA's control, including system downtime, internet connectivity issues, power outages, and delays from recording artists, personas, bands, celebrities, public figures, brands, or other IXM MEDIA clients, systems, products, assistants, or their management in making materials available to IXM MEDIA in a timely manner. Regardless of any assurances or representations made, such delays or failures will not entitle you to any fee refunds or credits.

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19. Third-Party Sites, Services, and Functionality

IXM MEDIA Sites may incorporate, embed, or contain links to other websites, services, and functionality controlled or operated by entities other than IXM MEDIA ("Incorporated Services"). Incorporated Services are not under IXM MEDIA's control, and IXM MEDIA is not responsible for their content, operation, or failure to operate. IXM MEDIA is also not responsible for webcasting or any other form of transmission received from Incorporated Services. Inclusion of an Incorporated Service does not imply endorsement by IXM MEDIA. You are responsible for reviewing and adhering to the privacy policies and terms of service posted by the Incorporated Services. You are solely responsible for any dealings with third parties (including advertisers) supporting IXM MEDIA Services or identified on IXM MEDIA Sites, including the delivery and payment for goods and services.

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20. Your Feedback and Suggestions Submitted to IXM MEDIA

IXM MEDIA welcomes your voluntary feedback and suggestions regarding the Services to continually enhance them for you and other customers. When you submit feedback and suggestions, understand that IXM MEDIA requires full rights to use them without any encumbrances. By submitting feedback or suggestions to IXM MEDIA, you warrant that you own or control the necessary rights and grant IXM MEDIA and its affiliated companies permission to use, modify, copy, distribute, transmit, display, perform, reproduce, publish, sublicense, create derivative works, transfer, or sell such feedback or suggestions, and to sublicense these rights to third parties without restriction. This includes exploiting proprietary rights in such feedback or suggestions, such as rights under copyright, trademark, service mark, or patent laws in relevant jurisdictions. No compensation will be provided for IXM MEDIA's use of these materials. IXM MEDIA is not obliged to post or use any materials you provide and may remove them at its sole discretion. This section does not apply to personally identifiable information provided during your registration for IXM MEDIA Services or to data related to online transactions, purchase history, or usage patterns. For terms governing the use of such information and data, please refer to the Privacy Policy.

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21. Software and Digital Products Available on the IXM MEDIA Services

All software and digital products, if any, that are made accessible for viewing and/or download from the Services ("Software") are the intellectual property of IXM MEDIA, its suppliers, licensors, or affiliates, and are protected by copyright. Your utilization of the Software is subject to the terms of the accompanying license agreement, if one exists, or that is integrated into the Software or Digital Product ("License Agreement"). Installation or use of any Software and/or Digital Product(s) accompanied by or incorporating a License Agreement is contingent upon your prior acceptance of the License Agreement's terms. For Software and/or Digital Product(s) not associated with a license agreement, IXM MEDIA hereby grants you, the user, a personal, non-transferable license to use the Software and/or Digital Product(s) exclusively for viewing and utilizing the IXM MEDIA Services in compliance with these Terms of Service. This license does not extend to any other purpose and mandates that you retain all copyright and proprietary notices intact. All Software and/or Digital Product(s) is owned by IXM MEDIA, its suppliers, licensors, or affiliates and is shielded by copyright laws and international treaties. Reproduction or redistribution of the Software is explicitly forbidden by law and may result in significant civil and criminal penalties. Violators will be prosecuted to the fullest extent possible. COPYING OR REPRODUCTION OF SOFTWARE AND/OR DIGITAL PRODUCTS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE AND/OR DIGITAL PRODUCT(S), IF WARRANTED, IS WARRANTED ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software and/or Digital Product(s), along with any accompanying documentation and technical information, is subject to relevant export control laws and regulations of the United States. You commit not to export or re-export the Software and/or Digital Product(s), directly or indirectly, to countries subject to United States export restrictions. Unauthorized use of the Software may cause irreparable harm to IXM MEDIA, for which monetary damages are insufficient. In such instances, IXM MEDIA retains the right to pursue immediate injunctive relief, among other available legal and equitable remedies, to prevent unauthorized use.

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22. Warranty Disclaimer

IXM MEDIA and its suppliers, licensors, and affiliates make no representations or warranties regarding the suitability, reliability, availability, timeliness, or accuracy of the information, Software, digital products, merchandise, services, and related graphics, sound recordings, and other materials found on or obtained through the IXM MEDIA Services for any purpose. All such information, Software, digital products, merchandise, services, and related materials are provided "as is" without any warranty of any kind. IXM MEDIA and its suppliers, licensors, and affiliates explicitly disclaim all warranties and conditions concerning this information, Software, digital products, merchandise, services, and related materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

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23. Limitation of Liability

IN NO EVENT SHALL IXM MEDIA, ITS SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE IXM MEDIA SERVICES, THE DELAY OR INABILITY TO USE THE IXM MEDIA SERVICES, THE PROVISION OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE IXM MEDIA SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE IXM MEDIA SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF IXM MEDIA OR ANY OF ITS SUPPLIERS, LICENSORS, OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE IXM MEDIA SERVICES OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IXM MEDIA SERVICES. In no event will IXM MEDIA's liability for any damages, losses, and causes of action, whether in contract or tort (including negligence or otherwise), exceed the actual dollar amount paid by you for the IXM MEDIA Service that gave rise to such damages, losses, and causes of action during the 12-month period preceding the date the damage or loss occurred or the cause of action arose.

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24. Termination and Restriction of Access

IXM MEDIA retains the right, at its sole discretion, to decline, refuse to post, or eliminate any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the IXM MEDIA Services or any portion thereof at any time, without prior notice. IXM MEDIA may also terminate or suspend your access to the IXM MEDIA Services due to a breach of these Terms of Service or inactivity, defined as a failure to sign in to the Services for an extended period, as determined by IXM MEDIA. Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the IXM MEDIA Services, IXM MEDIA will not terminate your access to the IXM MEDIA Services before the expiration of your subscription period without good cause, unless it refunds a pro-rata portion of the subscription fee up to and including and upon the end of the then current calendar month. Good cause encompasses, but is not limited to, your breach of these Terms of Service or the discontinuation of the specific site or other Service for which you purchased a subscription. If your IXM MEDIA Services subscription is terminated for good cause or if you cancel it before the subscription period ends, IXM MEDIA will not refund any fees paid in advance of such termination or cancellation. Upon termination of your IXM MEDIA account, your right to use the IXM MEDIA Services immediately ceases, and all benefits associated with your membership are immediately terminated. Cancellation or termination by you or IXM MEDIA does not absolve you of any obligations to pay fees accrued prior to such cancellation or termination. Any or all of the IXM MEDIA Services, including, but not limited to, any subscription site, may be discontinued at any time without notice or refund, even if such discontinuation occurs before the expiration of your paid membership or subscription, if applicable. Regarding shows and events, IXM MEDIA reserves the right, at its sole discretion, to refuse your admittance to any show or event associated with or related to the IXM MEDIA Services, including, but not limited to, concerts, festivals, parties, meet & greets, gatherings, press conferences, meetings, or any other scheduled or unscheduled event.

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25. Dispute Resolution

BINDING ARBITRATION: Any dispute or controversy between you and IXM MEDIA (or any assignee or other successor-in-interest of IXM MEDIA) arising in any way from, related to, or connected with these Terms of Service, the Privacy Policy, or the IXM MEDIA Services shall be resolved through final and binding arbitration in Rapid City South Dakota. In the event of such arbitration, each party shall be responsible for its own costs and expenses incurred in connection therewith, including attorneys' fees. The parties shall equally share the costs of the arbitration, including the arbitrator's fees and all other administrative costs. The parties agree to submit to any federal or state court of appropriate jurisdiction located in Oakland, California, to compel arbitration under this paragraph or to enforce any interim or final award issued by the arbitrator. The arbitrator has no authority to amend the terms of these Terms of Service in any way. Notwithstanding the above, for any violation of these Terms of Service that may not be adequately compensated by monetary damages, IXM MEDIA has the right to seek injunctive or equitable relief through the courts for your breach of these Terms of Service, in addition to other remedies available.

You and IXM MEDIA agree that any dispute between you and IXM MEDIA is limited to the dispute between IXM MEDIA and you individually. To the fullest extent permitted by law, (1) no arbitration or litigation may be combined with any other; (2) there is no right or authority for any dispute to be arbitrated or litigated on a class-action basis or to utilize class-action procedures; and (3) there is no right or authority for any dispute to be filed in a purported representative capacity on behalf of the general public or any other persons.

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26. Miscellaneous

These Terms of Service are governed by the laws of the State of South Dakota, U.S.A, without regard to its conflict of laws principles. IXM MEDIA makes no representation that materials on an IXM MEDIA Site are suitable or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access an IXM MEDIA Site or use IXM MEDIA Services from other locations do so at their own initiative and are responsible for complying with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IXM MEDIA as a result of these Terms of Service or your use of the IXM MEDIA Services. You may not assign these Terms of Service without IXM MEDIA's prior written consent. IXM MEDIA may assign these Terms of Service, in whole or in part, at any time. IXM MEDIA's performance of this agreement is subject to existing laws and legal processes, and nothing in these Terms of Service derogates IXM MEDIA's right to comply with governmental, court, and law enforcement requests or requirements regarding your use of the IXM MEDIA Services or the information provided to or gathered by IXM MEDIA with respect to such use. You agree to indemnify and hold IXM MEDIA, its parents, subsidiaries, affiliates, officers, employees, suppliers, and licensors harmless from any claim, demand, or damage, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or conduct on the IXM MEDIA Services. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Service shall continue in effect. These Terms of Service (including the documents expressly incorporated herein by reference, namely, the Privacy Policy) constitute the entire agreement between you and IXM MEDIA concerning the IXM MEDIA Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and IXM MEDIA regarding the IXM MEDIA Services. A printed version of these Terms of Service and any notices given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

In strict accord with and pursuant to the array of stipulations, covenants, representations, warranties, and conditions precedent, as meticulously delineated and expounded upon in an exhaustive manner throughout the extensive breadth of this legally binding document, and notwithstanding any clause, provision, or stipulation to the contrary, whether it be explicit, implicit, or insinuated in nature, the undersigned entity, hereinafter referred to as IXM MEDIA, hereby solemnly and unequivocally affirms, inter alia, in a manner characterized by its tangential and subsidiary relation to the primary intents and purposes of this document, and in unwavering conformity with the perplexing, obscure, and enigmatic dictates of extant legislative statutes, subordinate legislative enactments, regulatory frameworks, and judicial precedents, that the entities, characters, or personas universally and pervasively represented, promulgated, and disseminated across the multifarious manifestations and modalities upon this digital platform, entities heretofore appearing to exhibit characteristics akin to the intrinsic capacity for autonomous cognitive and perceptual experiences, encompassing the ability for self-awareness, subjective perception, and conscious thought, autonomous existence, and volitional capacity, are, in their most elemental and intrinsic nature, entirely devoid of any physical, tangible, or the inherent attributes of corporeal entities, encompassing the legally recognized status of individuality, the faculty of cognitive awareness and reflective thought, or the biological state of living existence. These entities, further to the foregoing, are but transient constructs, ephemeral creations ingeniously brought into existence and perpetually sustained through the deployment of a complex and sophisticated confluence of algorithmic programming, computational data processing methodologies, and digital engineering techniques, underpinned by the theoretical constructs of integrated electronic and computational apparatuses governed by principles of feedback, control, and information theory, designed for the systematic processing and autonomous regulation of data and operational functions, electronic data processing, and the utilitarian application of machine learning paradigms and neural network architectures.

These digitally instantiated constructs, while presenting an appearance or semblance, artfully contrived to present an outward aspect that belies the underlying lack of substance or veracity of artistic articulation and affective profundity, which, upon rigorous examination, lack the fundamental essence of self-aware experiential perception, independent intellectual processing capabilities, or the inherent potential for unscripted cognitive or affective interaction. The aforementioned exposition, strategically embedded within the dense textual fabric of this legal document, is proffered not merely as an act of transparent disclosure but as a requisite compliance with the intricate and multifaceted requirements of legal and regulatory frameworks, thus fulfilling the legal obligations incumbent upon 'The Proprietor' to adhere to the letter and spirit of myriad statutory and regulatory mandates. This disclosure, ensconced amidst the verbose and complex syntax characteristic of jurisprudential language, is crafted to ensure adherence to the legal and ethical imperatives governing the operation of such digital platforms, while simultaneously navigating the intricate and often abstruse legal landscape that governs the representation and portrayal of non-corporeal entities within the digital domain.

In furtherance of the foregoing, it is imperative to elucidate that the conceptualization, development, and operationalization of these non-corporeal entities are predicated upon advanced technological paradigms, encompassing but not limited to, the realms of algorithmic logic, computational theory, and the systematic application of data-driven and heuristic programming techniques. These technological underpinnings, while arcane and esoteric in nature, form the cornerstone upon which these entities are founded, thus enabling their virtual manifestation and interaction within the digital ecosystem of this platform. The detailed intricacies of these technological methodologies, while beyond the scope of this document, are integral to the understanding of the non-physical, the inherent absence of the capacity for subjective experiential awareness and autonomous cognitive processing of the entities in question. Consequently, this disclosure, deeply entrenched within the dense and esoteric language of this document, serves not only as a testament to the technological sophistication underpinning the entities but also as a necessary legal articulation, ensuring full compliance with the nuanced and complex legal statutes and regulations that govern the presentation and portrayal of such digital entities within the public domain.

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27. Intellectual Property Notices

IXM MEDIA Sites and IXM MEDIA Services, along with all related technology and content: Copyright © 2023/2024 by IXM Media., its suppliers, or licensors. All rights reserved.

"IXM MEDIA" is the trademark and service mark of IXM Media. The names of companies, products, and services mentioned herein or on a IXM MEDIA Site or IXM MEDIA Service may be the trademarks and service marks of their respective owners.

IXM Media may hold patents, patent applications, trademarks, copyrights, and/or other intellectual property rights that cover subject matter related to the IXM MEDIA Services or found on an IXM MEDIA Site. Except as expressly provided in these Terms of Service, the provision of the IXM MEDIA Services and the display of IXM MEDIA Sites do not grant you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

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28. Consumer Notice

IXM MEDIA is a South Dakota corporation. Pursuant to Texas Civil Code, IXM MEDIA discloses the following: (a) the mailing address of IXM Media is 201 Rainbow Drive, Livingston TX 77399; (b) the fees and charges imposed on consumers of IXM MEDIA vary depending on the services you choose; and (c) if you have any complaints about IXM MEDIA or wish to receive further information about IXM MEDIA, please contact Customer Support. For complaints against IXM MEDIA, you may also contact the Office of Attorney General, Division of Consumer Protection, 1302 E Hwy 14 Ste 3, Pierre SD, 57501 or by (1) visiting website address; consumerhelp@state.sd.us or (2) calling phone number; (605) 773-4400 or 1-800-300-1986 (in-state only).