Terms of service

Version 1.0
Last update: May 13, 2020

Introduction


Exeest Inc and its affiliates (hereafter referred to as "Exeest", "we", "us", or "our") welcome you to www.exeest.com, and any other websites, online locations and mobile applications (collectively, the "Site"), through which Exeest provides an online marketplace for film, TV and digital media rights licensing and other services to users (collectively, the "Services").

By using the Site, you acknowledge that you have read and agree to these Terms of Service ("Terms") and the Privacy Policy and agree that these Terms will bind you and will apply whenever you access or use the Site or the Services, whether or not you become a registered user of the Services. These Terms will also apply to your use of the tools we make available to interact with the Site and the Services. You acknowledge and agree that these Terms form an agreement that is as effective as if you had signed it. If at any time you do not agree to these Terms, please do not access, use or browse the Site or any of its content.

YOUR ACCESS TO AND USE OF THE SITE AND ITS CONTENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS AND EXEEST'S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

Exeest may revise or update these Terms from time to time. You should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the "Last modified" legend at the top of this page. Any material changes in these Terms take effect upon the Last modified date, unless we provide notice or have other communications with you. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms.

If you accept or agree to these Terms on behalf of a company, legal entity, association, partnership or other entity ("Company"), you represent and warrant that you have the authority to bind that Company to these Terms and, in such event, "you", "your" or "user" will refer and apply to that Company. Even if you are using the Site or the Services on behalf of a Company, you agree that you, as an individual, are bound by these Terms and the Privacy Policy.

These Terms and the Privacy Policy constitute the entire and exclusive understanding and agreement between Exeest and you regarding the Site and the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Exeest and you.

You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without Exeest's prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and void and of no effect. Exeest may assign or transfer its rights and obligations under these Terms, or any portion thereof, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. There are no third party beneficiaries to these Terms or the Privacy Policy.

Certain areas of the Site (and your access to or use of certain aspects or portions of the Services) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions ("Additional Terms"). If there is a conflict between the terms and conditions of these Terms and terms and conditions of any Additional Terms, the terms and conditions of the Additional Terms will take precedence with respect to your use of or access to that area of the Site or the Services.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Exeest's failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section.

Exeest shall not be liable or responsible for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials. No joint venture, partnership, employment, or agency relationship exists between you and Exeest as a result of agreeing to the Terms or using the Services.

ACCOUNT/PERSONAL INFORMATION

To use all features of the Site and the Services you may be required to register for an account ("Account"). To do so, you may be asked to confirm your consent to these Terms and the Privacy Policy, and to enter certain information, such as your first and last name, job title, role, country, and email address, among other things ("Account Information"). In addition to Account Information that is required to create an Account, you may also have the option to include additional information as part of your Account Information at your discretion. You may be asked to create a password and user name, and to answer security questions or provide other information to protect the security of your account ("Account Details"). Do not reveal your Account Details to anyone else. You are solely responsible for maintaining your Account Details and the confidentiality and security of your Account and for all activities that occur on or through your Account, including, without limitation, those related to data privacy, domestic and international communications and the transmission of technical or personal data. You agree to immediately notify Exeest of any security breach of your Account. Exeest shall not be responsible for any losses arising out of the unauthorized use of your Account. Exeest is authorized to act on instructions received through use of your Account, and is not liable for any loss or damage arising from your failure to comply with this Section. You represent that all information you provide in connection with your account is truthful and accurate.

When you associate with a Company through your Account, you represent that you currently work for or are associated with such Company in the manner in which you indicate and that you have the authority from that Company to identify yourself as working for or otherwise associated with the Company in the manner in which you do. Certain users of the Site or the Services ("users") will become administrators with the rights to create and/or modify company profiles on the Site (each a "Company Profile") and to accept or reject other users from associating with the Company through their Account ("Company Administrator"). Company Administrators also agree to contact Exeest to withdraw a Member's affiliation with a Company if the Member is no longer working for or associated with such Company. If a Company Administrator is no longer working for or associated with the relevant Company for which he or she is an administrator for, such user agrees to promptly notify Exeest of same. Exeest reserves all rights to designate, remove and/or add Company Administrators. Each Company Administrator represents that it has the authority to act as an administrator for such company and to act on behalf of the company and to undertake the responsibilities of Company Administrator specified in these Terms.

Each user registered for an Account ("Member") shall: (i) preserve and maintain his/her password confidential and secret by taking preventive actions such as logging out of his/her Account after using any of the Services; (ii) notify Exeest immediately of any unauthorized use of any password or Account or any other known or suspected breach of security related to the Site or the Services; (iii) report to Exeest immediately and use reasonable efforts to stop immediately any use, copying, or distribution of Site content or the Services in violation of these Terms that is known or suspected by you; (iv) authorize any other individual to use or access his/her Account; and (v) not impersonate another Exeest user or provide false identity information to gain access to or use the Site and the Services.

If you lose or forget the password to access your Account, please follow the instructions on the Site to obtain a new password. Unless you are the Company Administrator, the association of your Account with a Company will require the prior consent of the Company Administrator. Each Account may only be associated with one email address and one Company. You may only have multiple accounts associated with more than one Company, if you provide separate email addresses and receive the required permission(s) from the relevant Company Administrators.

Each Company represents that: (i) any user that is acting on its behalf, including, without limitation, who enters into any agreements for Services in exchange for subscription or other fees, has the legal capacity to have the Company bound by these Terms; (ii) the Company Administrator, has the required permission from the Company to act as the Company Administrator and to undertake the responsibilities of Company Administrator specified in these Terms; (iii) the data provided by users claiming an association to the Company is accurate, complete and up to date; (iv) the information included in the Company Profile is truthful and accurate; and (v) the Company's employees and other users under its control shall comply with these Terms. It is the Company's responsibility to accurately manage the Member affiliations to their Company and to cause the Company Administrator to perform its obligations pursuant to these Terms. Exeest may at its discretion vet certain Members and Companies to ensure the accuracy of Company Profile information and Account Information. Should you be selected to be vetted, you expressly agree that Exeest has the right, but not the obligation, to undertake all legal measures to ensure the accuracy of Company Profile information or your Account information, including, without limitation, to conduct internet searches, utilize internet databases and third party vendors, and contact the Company with which you claim affiliation. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership of and right to use all Account Information if you are an individual, and Company Profile information, if you are a Company or a Company Administrator.