PLEASE READ CAREFULLY. BY CLICKING THE “BUY NOW” BUTTON, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH Exporexi.com
This Exporexi SERVICE AGREEMENT (“Agreement”) is made and effective on today’s date (“Effective Date”) by and between Exporexi, located at Calle Ricardo Arias,Edificio Proconsa II, piso 5 , oficina b, Corregimiento de Bella Vista, Ciudad de Panama. 07096
(“Exporexi”) and you (“Publisher”).
Exporexi is in the business of providing custom “OTT Channels,” application development, channel design and content management services (the “Services”) for distributing digital content via the Internet to Roku and other devices and Publisher desires to utilize Exporexi’s Services.
NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained the parties hereto agree as follows:
DEFINITIONS
As used in this Agreement, the following terms have the following definitions:
“Services” means the development, design, coding, storage, delivery and management services and solutions provided by Exporexi and it’s subsidiaries and agents, as listed for purchase on the Exporexi.com website, including:
Roku channel design and development;
content ingestion and storage;
coding of JSON feed files,
hosting of content and feed files;
content storage and delivery services,
Roku Channel management and updating;
Other channels and platforms if included such
as Apple TV, Amazon Fire TV, etc.
and/or other services or solutions as available now or that may be listed in the future, such
as Apple TV, Amazon Fire TV,iOs, Android, Websites etc., for purchase on Exporexi.com.
“Publisher Content” means audio, video, and other digital content that is owned or licensed by Publisher.
“Roku” means Roku, Inc, a privately held company located at 12980 Saratoga Ave, Saratoga, CA 95070.
“Roku Channel” means a software package that can be installed onto a Roku Player and associated configuration files. When the software package is executed on a Roku Player, it causes Publisher Content to be delivered. The specific functionality of the Roku Channel is at the sole discretion of Exporexi.
“Roku Player” means a device that provides a means to execute a Roku Channel in order to display, reproduce, or playback Publisher Content on a suitable display, reproduction, or playback device or system.
DESCRIPTION OF SERVICES
Exporexi will create a Roku Channel for Publisher. Publisher understands and agrees that approval of the Roku Channel for inclusion in the Roku Channel Store, and the timing for approval, if at all, is outside of Exporexi’s control and is at Roku’s sole discretion. Payment for the Roku Channel is due and payable whether or not Roku approves Publisher’s Roku Channel so long as non-approval is not the result of gross negligence of Exporexi.
As set forth below, Exporexi is granting to Publisher a license to use Exporexi Services in order to distribute Publisher Content via the Internet to the Roku Platform and Roku Players.
At any time, Exporexi may include, without compensation to the publisher, an accreditation or an advertisement which promotes Exporexi, anywhere in a Roku Channel as the same is delivered or updated by Exporexi, and in Exporexi’s sole discretion.
Exporexi will provide Publisher with technical support via email for Roku Channels designated as “Starter,” or “Basic,” and via email and/or telephone for Roku Channels designated as “Advanced,” or “Enterprise”.
All Publisher Content will be hosted or served by Exporexi via Exporexi’s own Content Delivery Network (CDN) or server of choice, and/or via a Content Delivery Network (CDN) or server contracted and/or leased by Exporexi. Exporexi will manage and maintain access to said CDN account for the duration of Publisher’s account, at Exporexi’s discretion.
LICENSE
Subject to the terms and conditions of this Agreement, Exporexi hereby grants to Publisher, and Publisher hereby accepts from Exporexi, a non-exclusive, nontransferable, revocable license to use the Services for purposes set forth herein. Except as expressly permitted by Exporexi, Publisher shall not: (i) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (ii) modify or make derivative works based upon the Services; (iii) reverse engineer, de-compile, modify, translate, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon Publisher’s access to or usage of the Services; (iv) rent, lease or otherwise transfer rights to any aspect of the Services; or (v) take any act to remove, obscure, interfere with or modify the presentation or functionality of any aspect of the Services.
Publisher agrees that upon termination or expiration of this license, Publisher shall no longer have the right to use the Services or any Underlying source code created using the Services or otherwise provided by Exporexi.
This license shall terminate automatically upon the termination or expiration of this Agreement.
TERM
The Services set forth herein shall start on the Effective Date and continue for a minimum term of 6 months. There after the service shall continue on a month to month basis until terminated by either party, for any reason whatsoever and with or without cause, by giving notice to the other party by email.
Publisher can terminate by sending a notice of termination to support@exporexi.com.
Exporexi can terminate this agreement by sending a notice of termination to the email address that Publisher provides to Exporexi as the appropriate Publisher contact. It is Publisher’s responsibility to ensure that contact information is current and accurate.
Publisher understands that if the agreement is terminated mid-month, it will be billed for the entire month and that it will be responsible for all charges incurred prior to Exporexi receiving notice of termination.
PAYMENT TERMS
Publisher shall pay Exporexi an agreed upon “one-time setup fee” followed by the corresponding, recurring “monthly fee” based on the Channel “Plan” selected and purchased via the Exporexi.com website or when applicable, by electronic or personal presentation of a customized scope of work plan.
Beyond the one-time, setup fee, Publisher shall pay Exporexi for the OTT Channel on a monthly, recurring basis beginning 30 days after Publisher’s Roku Channel is considered “live” on the Roku platform (“Monthly Fee”). Monthly fees will be billed to Publisher via online invoice and are due within 15 days of invoicing. All Channels will be suspended after 15 days if monthly fee is not made, and will remain suspended until outstanding monthly fee is paid. Channels will be unpublished after 30 days of non-payment of any outstanding monthly fees.
Publisher may at their discretion, opt for one, annual payment of Monthly Fees to save TWO MONTHS service fees.
For purchases of additional Roku Channels by Publisher, annual or monthly fees may be prorated by Exporexi to consolidate monthly billing.
If Publisher wishes to delete or “cancel” a Roku Channel before the end of the Roku Channel’s monthly billing period, there is no refund of any prorated remainder of said monthly fee. A refund will however be granted for any remaining months if paid-up annually, not including the current month. All cancellations of annual contracts before the renewal date are subject to a de-listing service fee equal to one month.
Roku Channel Setup fees are not refundable for any reason whatsoever. In the event Publisher’s Roku Channel does not go live, Publisher does not follow-through with Roku, Channel development or launch, or Roku Channel is unpublished, suspended, cancelled or deleted by Roku, Publisher or Exporexi, for any reason, no refund of setup fees will be issued to Publisher.
Publisher shall be liable for all late fees, credit card charges and collection fees, if any.
REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
Each party warrants that (i) it has the legal right to enter into this Agreement and perform its obligations hereunder, and (ii) the performance of its obligations will not violate any applicable U.S. laws or regulations or cause a breach of any agreements with any third parties.
Exporexi warrants that it will operate the Services in a manner consistent with industry standards. In the event of a breach of the warranties set forth in this Section, Publisher’s sole remedy is termination of this Agreement pursuant to Section 4(B). Except for the express warranty as set forth in this Section 6(B), the Services are provided on an “AS IS” basis and Exporexi disclaims ALL OTHER EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF Exporexi HAS BEEN INFORMED OF SUCH PURPOSE. PUBLISHER AGREES THAT Exporexi SHALL NOT IN ANY EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR OTHER ECONOMIC LOSS ARISING UNDER THIS AGREEMENT OR IN CONNECTION THE SERVICES, PLATFORM AND PUBLISHER CONTENT.
Exporexi does not and cannot guarantee or control the flow of data to or from its servers or Content Delivery Networks (CDNs). Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or omissions of such third parties can impair or disrupt Publisher’s connections to the Internet (or portions thereof). Although Exporexi will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, Exporexi cannot guarantee that such events will not occur. Accordingly, except to the extent of the express warranties set forth in this Agreement, Exporexi disclaims any and all liability resulting from, or related to, such events.
CONTENT AND INDEMNIFICATION
Publisher shall not distribute any content using the Services that encourages conduct that would be considered a criminal offense or bring forth civil liability, violate any law, or is otherwise inappropriate.
Publisher shall not publish content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Publisher acknowledges it is the owner of such rights or has permission from the rightful owner to publish such content.
Publisher shall indemnify and hold Exporexi, its agents and employees, harmless from any loss, damage or liability for infringement, slander, libel, breach of this Agreement or any other cause of action with respect to the Publisher Content or content published by Publisher.
OWNERSHIP
On channels created expressly for a Publisher and not subject to any partnership or joint venture agreement with Exporexi, Publisher retains all right, title and interest in and to Publisher Content, including all intellectual property rights related to Publisher Content. (Publisher retains all ownership, rights and license to content presented on and distributed on Publisher’s Roku Channel. Exporexi makes no claim to ownership or rights in any content.)
Exporexi retains all right, title and interest in and to the Services, its servers and/or Content Delivery Networks (CDNs) and any materials created, developed or provided by Exporexi in connection with this Agreement, including all intellectual property rights related to each of the foregoing.
Publisher is not required to provide any feedback or suggestions to Exporexi. To the extent Publisher does provide any such feedback or suggestions, Publisher agrees to assign and hereby does assign all right, title and interest in and to such feedback or suggestions to Exporexi.
Additional Terms and Conditions
Refund Policy:
Customers are eligible for reimbursement within 7 calendar days of your purchase or registration for most services and subscriptions in most cases. Please note that after the 7-day period, customers are not eligible for refunds. We encourage our customers to ensure our services or software fits their needs in the first 7 days after their purchase.
If development services have been rendered or account access permitted, such orders or subscriptions are non-refundable. In addition to our initial reimbursement period, we offer account credits for customers who request refunds after this period. This allows you to apply your original purchase towards another product or service, or reserve your purchase as a credit on your Exporexi S.A. account for future use.
If you have any additional questions or would like to request a refund, please contact us.
Billing Policy:
All monthly services provided by Exporexi S.A. are monthly subscriptions. Customer agrees at time of purchase to authorize charges both at the time of purchase and monthly auto-billing for all subscription plans. All subscription plans have a minimum term of 6 months. All sales are non-refundable after development, hosting services, and/or access to the Exporexi S.A. Software Platform have been provided. Upfront development services are non-refundable if any development services have been rendered.
Payment / Non Payment Policy
In the event of non payment of or incomplete or partial payment in any given monthly billing cycle:Customer receives a 5 calendar day grace period within which to make payment or/and make the account current. In the event payment is not made within the 5 calendar day grace period, Company reserves the right to remove customer access to their control panel and disable uploading, moving or otherwise editing their account content. Customer will be contacted by email with a reminder to make payment. If after the following 5 calendar days, payment is not made, company reserves the right to disable the transmission of customer content to their respective platforms (OTT, Phone Apps and website). After 15 calendar days has elapsed from the payment due date and in the absence of a written late payment arraignment sent from an authorized company representative email address, customers content may be removed from company servers and systems at its sole discretion. Customer agrees to hold the company harmless for any loss of revenue, loss of subscribers, lost credibility in the marketplace or any kind of damages whether tangible or intangible. Customer agrees to release the company from liability any kind.
In the event that the customer decides to cancel services prior to the end of the minimum subscription period, customer agrees to authorize all charges until the total payments due for all services for the minimum subscription period are made.
Customer agrees to abide by these terms when invoices are generated by Exporexi. S.A. or its agents on our behalf. Currently invoices, subscriptions and charges are or may be made on our behalf by Macchina Inc. for all services offered by the Company.
App Transfer and Ownership Policy
When a customer contracts with us to build either a Phone or OTT app or website, the app and any associated designs, code, or names shall remain the property of Exporexi S.A. until the minimum subscription period completes and all payments are made for the subscription period.
Customer agrees and understands that both during the minimum subscription period and in the event of any non-payment of amounts due, or an instance of an outstanding balance for all services rendered, any Apps and/or Channels created on behalf of the customer remain the property of Exporexi. If a customer desires to transfer their app to another provider, all payments due must be made and any in-force subscription agreements must be completed to at least the minimum agreed term. Exporexi is happy to assist in the transfer of apps to clients desired account when all of the above terms are met. A transfer fee may be charged to cover the cost of assisting you with moving your apps/channels/website to another provider. The minimum charge for this service will be $500. Exporexi provides no guarantee or warrantee of the usability or functionality of an app or website once it is removed from our platform and servers. Customer owns the app as it was delivered and deployed on the respective platform. No rights to underlying code used to create customer app version is conveyed with purchase. Exporexi will transfer existing apps to customers selected account using the recommended methods for each respective platform. Currently these are for iOS and Apple tv- direct transfer to customers Developer account. For Roku- Assign management rights to app or if customer prefers a copy of the completed PKG file, PKG file will be made and delivered via email. For Android, a copy of the PKG file will be made and delivered via email. Amazon Fire TV recommends recreating the app in customers account. Contact us to discuss transfers so we may ensure a trouble free transfer of your channel.
Content Policy:
Exporexi S.A. is a strong believer in free speech.
We view our roll as a facilitator of access to the platforms that allow ideas to be shared. Our policy is to not censor, nor inhibit anyones right to free speech, so long as it does not violate any laws in the jurisdictions the content is presented. In the event protected speech contained in a customers app/channel/website places an undue burden on the company, Exporexi S.A. reserves the right to temporarily or permanently remove channels or individual video contents from any channel or app in order to lessen or remove this burden. Customer will be notified in writing in the unlikely event this occurs.
Exporexi S.A. hosts channel content in compliance with current platform policies for each app or channel platform respectively which we develop apps for. There are two specific commonalities between all app platforms with regards to content policy, prohibiting the following contents from being hosted on any channel:
Pirated Content: any copyrighted content for which proper distribution rights have not been acquired prior to publishing the video/audio content which is in violation of the respective app platform’s content policy is prohibited.
Explicit Content/Pornography: any video/audio content containing nudity, pornography, or otherwise sexually explicit content which is in violation of the respective app platform’s content policy is prohibited.
Exporexi S.A. reserves the right to temporarily or permanently remove channels or individual video contents from any channel or app in order to comply with these requirements. Platforms such as Apple TV, Amazon Fire TV, Roku and others may enforce compliance of these policies at any time a violation is discovered for any app Exporexi S.A. publishes on behalf of a client, and Exporexi S.A. is required to comply with the app platform’s content policy requirements with expediency.
Customer agrees to hold Exporexi and its agents and associated partners harmless for any damages of any kind as a result of removal of, or alteration of a channel or app from a platform. Some reasons for removal may include violation of platforms terms of use or content guidelines.
For reference, here are current content policy guidelines for the most popular app platforms Exporexi S.A. develops on:
Current Apple Store Review Guidelines from Apple:
https://developer.apple.com/app-store/review/guidelines/
Roku Developer Program Compliance:
https://developer.roku.com/docs/features/legal/compliance.md
Amazon Developer Program Content Policy:
https://developer.amazon.com/docs/policy-center/understanding-content-policy.html
Android Developer Program Content Policy:
https://play.google.com/about/developer-content-policy/
Other policies may still apply based on the specific polices of each platform.
REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
Each party warrants that (i) it has the legal right to enter into this Agreement and perform its obligations hereunder, and (ii) the performance of its obligations will not violate any applicable U.S. laws or regulations or cause a breach of any agreements with any third parties.
Exporexi warrants that it will operate the Services in a manner consistent with industry standards. In the event of a breach of the warranties set forth in this Section, Publisher’s sole remedy is termination of this Agreement pursuant to Section 4(B). Except for the express warranty as set forth in this Section 6(B), the Services are provided on an “AS IS” basis and Exporexi disclaims ALL OTHER EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF Exporexi HAS BEEN INFORMED OF SUCH PURPOSE. PUBLISHER AGREES THAT Exporexi SHALL NOT IN ANY EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR OTHER ECONOMIC LOSS ARISING UNDER THIS AGREEMENT OR IN CONNECTION THE SERVICES, PLATFORM AND PUBLISHER CONTENT.
Exporexi does not and cannot guarantee or control the flow of data to or from its servers or Content Delivery Networks (CDNs). Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or omissions of such third parties can impair or disrupt Publisher’s connections to the Internet (or portions thereof). Although Exporexi will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, Exporexi cannot guarantee that such events will not occur. Accordingly, except to the extent of the express warranties set forth in this Agreement, Exporexi disclaims any and all liability resulting from, or related to, such events.
CONTENT AND INDEMNIFICATION
Publisher shall not distribute any content using the Services that encourages conduct that would be considered a criminal offense or bring forth civil liability, violate any law, or is otherwise inappropriate.
Publisher shall not publish content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Publisher acknowledges it is the owner of such rights or has permission from the rightful owner to publish such content.
Publisher shall indemnify and hold Exporexi, its agents and employees, harmless from any loss, damage or liability for infringement, slander, libel, breach of this Agreement or any other cause of action with respect to the Publisher Content or content published by Publisher.
Terms Of Service:
Exporexi S.A. hosts and distributes video content via our Channel Command Center software and distribution platforms including apps and websites. Our customers retain full ownership of all video content they upload and host with Exporexi S.A., with no transfer of ownership of our customer’s video content to Exporexi S.A..
Privacy Policy:
INTRODUCTION
Exporexi S.A. (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website Exporexi.com, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification.
You are encouraged to periodically review this Privacy Policy to stay informed of updates.
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect on the Site includes:
Personal Data
Personally identifiable information, such as your name, billing address, email address, telephone number, and your age, that you voluntarily give to us when you register with the Site, when you choose to participate in various activities related to the Site, such as online chat and message boards. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site.
Derivative Data
Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.
Financial Data
Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Site. We store limited financial information that we collect on some forms. Otherwise, all financial information is stored by our payment processors, Stripe, PayPal or Authorize.Net, and you are encouraged to review their privacy policy and contact them directly for responses to your questions.
Third-Party Data
Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.
Data From Contests, Giveaways, and Surveys
Personal and other information you may provide when entering contests or giveaways and/or responding to surveys may be used for the purpose of marketing our services to you. We do not share or sell your information.
USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:
Fulfill and manage purchases, orders, payments, and other transactions related to the Site.
Create and manage your account.
Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site to you.
Email you regarding your account or order.
Enable user-to-user communications.
Fulfill and manage purchases, orders, payments, and other transactions related to the Site.
Generate a personal profile about you to make future visits to the Site more personalized.
Increase the efficiency and operation of the Site.
Monitor and analyze usage and trends to improve your experience with the Site.
Notify you of updates to the Site.
Offer new products, services, and/or recommendations to you.
Perform other business activities as needed.
Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
Process payments and refunds.
Request feedback and contact you about your use of the Site.
Resolve disputes and troubleshoot problems.
Respond to product and customer service requests.
Send you a newsletter.
Solicit support for the Site
Administer sweepstakes, promotions, and contests.
Assist law enforcement and respond to subpoena.
Compile anonymous statistical data and analysis for use internally or with third parties.
DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
Online Postings
When you post comments, contributions or other content to the Site, your posts may be viewed by all users and may be publicly distributed outside the Site in perpetuity.
Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law. We do not sell your personal information to third parties.
Sale or Bankruptcy
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in this Privacy Policy.
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
TRACKING TECHNOLOGIES
Cookies and Web Beacons
We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience. When you access the Site, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Site. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience.
Internet-Based Advertising
Additionally, we may use third-party software to serve ads on the Site, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Website Analytics
We may also partner with selected third-party vendors, such as Google, Facebook and others, to allow tracking technologies and remarketing services on the Site through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site, determine the popularity of certain content and better understand online activity. By accessing the Site, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
THIRD-PARTY WEBSITES
The Site may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Site, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site.
SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
POLICY FOR CHILDREN
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy. Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. If you set the DNT signal on your browser, we will respond to such DNT browser signals.
OPTIONS REGARDING YOUR INFORMATION
Account Information
You may at any time review or change the information in your account or terminate your account by:
Logging into your account settings and updating your account
Contacting us using the contact information provided below
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
Emails and Communications
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
Noting your preferences at the time you register your account with the Site.
Logging into your account settings and updating your preferences.
Contacting us using the contact information provided below.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Site you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.
CONTACT US
If you have questions or comments about this Privacy Policy, please contact us.
MISCELLANEOUS
Assignment. Neither this Agreement, nor any right or license under this Agreement may be sublicensed, assigned or otherwise transferred by Publisher without Exporexi’s prior written consent.
Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all of which together shall constitute only one and the same instrument.
Law to Govern and Arbitration. The construction, interpretation and performance of this Agreement and all transactions related thereto shall be governed by and construed in all respects in accordance with the laws of the State of Tennessee, U.S.A., without giving effect to the principles of conflicts of law thereof. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in New York, NY and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Exporexi may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Agreement. Exporexi may modify this Agreement at its sole discretion and Exporexi shall have no obligation to apprise Publisher of changes to the Agreement. Exporexi’s then-current Agreement shall be the agreement that governs the rights and obligations of the parties. The publisher may terminate this Agreement upon notice should it not agree with the revised terms and conditions.
Publicity. Exporexi may use Publisher’s name and logo in marketing materials as it deems appropriate.
Notice. Any notice or communication required or permitted to be given hereunder may be sent to the email address referenced in Section 4(B).
Relationship of Parties. Exporexi and Publisher are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between the parties.
Force Majeure. Neither party is responsible for delays due to causes or occurrences beyond its control including, but not limited to, civil disobedience, acts of God, casualty or accident, war, labor disputes, government actions, or the like.
Survival. Sections 6(B), 7(C) and 9(C) shall survive the termination of this Agreement.
For questions or more information about these Terms & Conditions, please contact Support@exporexi.com.