Definitions
Exhibit’s website, application, and services that are linked to this agreement and provided to the customer are referred to collectively as "Exhibit", “Services”, “System”, “we”, “our” or “us” while the service receiver is referred to as the "Customer", “Client”, “Users”, “You”, or “Your”.
Exhibit has authorized service providers to assist in delivering the Services to our Customers (hereinafter referred to as “Partner(s)” or “Third-party/ies”).
Exhibit has authorized service providers to assist in delivering the Services to our Customers (hereinafter referred to as “Partner(s)” or “Third-party/ies”).
Introduction
The following Terms and Conditions, alongside our cookies policy, privacy policy, and license agreement, govern the use of our Services collectively. These terms and conditions outline the rules and regulations for the use of Exhibit's services located at https://e-exhibit.com. By accessing our Services, we understand that you accept these terms and conditions. Do not continue to use Exhibit if you do not agree to the conditions stated in this agreement.
We employ the use of cookies. By accessing Exhibit, you agree to use cookies in agreement with Exhibit's cookies policy. We use cookies to provide a tailored customer experience based on our customers’ preferences and tendencies, hence facilitating the delivery of informative content and customized functionality. Our partners may also use cookies. Please refer to our cookies policy for more information.
Our privacy policy ensures the proper handling of Customer’s personal information, whether attained by the customer or otherwise according to data protection and processing agreements stipulated in our privacy policy and the executed non-disclosure agreement. It is important to note that by accepting these terms and conditions, Exhibit acts as the data “processor” regarding Customer’s personal data for the purposes of delivering the Services, while the customer acts as the data “controller” of users’ personal data who retain Exhibit Services. Both parties must undertake their responsibilities and obligations under the GDPR to maintain compliance.
We employ the use of cookies. By accessing Exhibit, you agree to use cookies in agreement with Exhibit's cookies policy. We use cookies to provide a tailored customer experience based on our customers’ preferences and tendencies, hence facilitating the delivery of informative content and customized functionality. Our partners may also use cookies. Please refer to our cookies policy for more information.
Our privacy policy ensures the proper handling of Customer’s personal information, whether attained by the customer or otherwise according to data protection and processing agreements stipulated in our privacy policy and the executed non-disclosure agreement. It is important to note that by accepting these terms and conditions, Exhibit acts as the data “processor” regarding Customer’s personal data for the purposes of delivering the Services, while the customer acts as the data “controller” of users’ personal data who retain Exhibit Services. Both parties must undertake their responsibilities and obligations under the GDPR to maintain compliance.
Our services
Exhibit is an event and exhibition industry-focused, global e-commerce and mega online inventory platform that utilizes 3D rendering & visualization technology to display, showcase, and provide an unusually abundant amount of creative 3D models of event items, booths, and virtual environments to its users.
License of use
Unless otherwise stated, Exhibit owns the intellectual property rights for all materials and content on all Exhibit Services. All intellectual property rights are reserved. Your access and use of these Services are subject to the restrictions set out in this agreement and our license agreement.
Exhibit reserves the right to utilize anonymized statistical data, for statistical or research purposes to enhance the performance of the System. Such anonymized statistical data include, for instance, the number of users, the usage load, and the activities conducted inside the System’s domain. You can refer to our license agreement for more information and details.
Exhibit reserves the right to utilize anonymized statistical data, for statistical or research purposes to enhance the performance of the System. Such anonymized statistical data include, for instance, the number of users, the usage load, and the activities conducted inside the System’s domain. You can refer to our license agreement for more information and details.
System usage limitations
As per the access rights granted to the customer in this agreement, it is strictly prohibited to republish, sell, rent, lease, sub-license, reproduce, duplicate, copy, transfer, or redistribute any materials, content, or right to use Exhibit Services, whether in whole or in part. Additionally, any attempt to engage in reverse engineering, decompilation, or disassembly of the System, or any attempt to work around technical limitations or System documentation restrictions are strictly prohibited.
The user also agrees not to promote any illegal activity, violate legal rights, or attempt to attack or intrude upon the services. Furthermore, the user must not hinder the system in any way and must not post any material of any kind that (a) is inappropriate or offensive, (b) attempts to falsely represent your identity, (c) includes advertising or promotional content, or (d) encourages any kind of infringement.
All of these restrictions and limitations apply to all of Exhibit and its partners' systems, services, infrastructure, networks, security, and resources.
The user also agrees not to promote any illegal activity, violate legal rights, or attempt to attack or intrude upon the services. Furthermore, the user must not hinder the system in any way and must not post any material of any kind that (a) is inappropriate or offensive, (b) attempts to falsely represent your identity, (c) includes advertising or promotional content, or (d) encourages any kind of infringement.
All of these restrictions and limitations apply to all of Exhibit and its partners' systems, services, infrastructure, networks, security, and resources.
Links
Exhibit may provide links or references to other websites (collectively, "Linked Sites"). While Exhibit endeavors to provide links only to reputable and safe websites, to the fullest extent permitted by law, Exhibit shall not be responsible for the information, products, services obtained, privacy and legal practices, content, or terms of use from Linked Sites. Moreover, Exhibit shall not be liable for any damages arising from the Customer's or Users' access to or use of Linked Sites. The inclusion of links or frames in the Services is solely provided as a convenience, and any such inclusion does not imply an endorsement, affiliation, or sponsorship of the Linked Sites or their content.
Service level agreement
Exhibit strives to maintain its services and keep them running and available at all times. Nevertheless, Exhibit does not guarantee that services are always error-free or function flawlessly. Moreover, the System may become unavailable due to preventive, corrective, or adaptive maintenance, or other forms of service, which Exhibit will inform in advance. Additionally, circumstances beyond Exhibit Software's control may lead to service(s) unavailability. Exhibit will make all the necessary efforts to inform the Customer ahead of time of any circumstances that may affect System availability. However, the service level agreement does not apply in any of the following scenarios:
●
Problems that are beyond the control of the Exhibit, such as extensive internet or data center outages, and natural disasters.
●
Service or account restrictions, including but not limited to a customer's usage of services in violation of the Agreement.
●
Downtime that occurs during maintenance windows, user-initiated downtime, or automated upgrades.
Product Customization
Exhibit offers the functionality to personalize the appearance of a product on its dedicated page prior to the purchase process. This feature allows you to visualize and imagine how the product will look before making a purchase. Customization options include attaching images such as logos, uploading videos, and changing colors. Each product has specific areas that can be customized to suit your preferences. It's important to note that the customizations you make on the product page will not be included in the final file(s) you receive upon completing your purchase. To keep a record of your customizations for reference during the manufacturing process, Exhibit provides an option to capture a screenshot of your finalized customization. This screenshot will serve as a guide to ensure your desired preferences are accurately implemented.
Prices and payments
You need to create an account in order to be able to purchase products from our inventory. You testify that all information you provide is only accurate, true, and updated at all times. Our purchase processes are securely handled by Stripe (https://stripe.com/). You agree to pay all charges initiated from your account including taxes related to your purchases.
Important
To ensure the security of their accounts and the safety of their personal information, customers are required to keep their login credentials confidential and refrain from sharing them with anyone. Customers are solely responsible for all activities and actions that occur under their accounts, so it's important to protect their login information from unauthorized access.
In the event that customers suspect or become aware of any unauthorized use of their account, breach of security on the Services, or any illegal activities related to Exhibit or its partners, it is their responsibility to notify us immediately. We take the security of our customers' accounts seriously and aim to provide a safe and secure platform for all users. By promptly notifying us of any security concerns or breaches, customers can help us maintain the integrity of our services and protect their personal information.
In the event that customers suspect or become aware of any unauthorized use of their account, breach of security on the Services, or any illegal activities related to Exhibit or its partners, it is their responsibility to notify us immediately. We take the security of our customers' accounts seriously and aim to provide a safe and secure platform for all users. By promptly notifying us of any security concerns or breaches, customers can help us maintain the integrity of our services and protect their personal information.
Limitation & liability
To the fullest extent permitted by law, the total liability, in the aggregate of Exhibit to any Customer, and anyone claiming by, through, or under Customer for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to this agreement from any cause or causes, including but not limited to negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation received by Exhibit from such customer. However, if the loss is the result of deliberate intent or recklessness, the exclusions and limitations cited above shall no longer apply.
Indemnification For infringement
According to the “License of Use” clause, Exhibit holds the sole ownership of all intellectual property rights of all its services and content.
Exhibit indemnifies and holds the Customer harmless from and against any and all claims and liabilities in any action for infringement based on the allegation that Exhibit Services including all its contents violates any third-party intellectual property rights provided such claim arises solely out of the Services as supplied by the Exhibit, and not out of any modification to the Services made by the Customer or by someone other than Exhibit.
If the Customer faces any claims concerning its usage of Exhibit Services and/or all its contents, the Customer shall promptly notify Exhibit in writing about the claim's existence and particulars. The Customer shall give Exhibit the opportunity to take over, settle, or defend such action, claim, or suit at Exhibit's sole expense. The Customer is obligated to aid in the defense of any such action, claim, or suit at the expense of Exhibit by providing necessary information and assistance on how Exhibit sees fit.
Such indemnity shall only be applicable in the event of claims, judgments, liabilities and/or costs that may be finally assessed against the Customer in any action for infringement of a patent or of any copyright, trademark, trade secret or other third-party proprietary right except to the extent such claims, judgments, liabilities and/or costs arise solely from the customer's negligent act, failure to act, gross negligence or willful misconduct.
If usage of Exhibit shall be enjoined for any reason or if Exhibit believes that it may be enjoined, Exhibit shall have the right, at its own expense and sole discretion to act in the following order of precedence:
However, If an action of law or in equity is commenced against the Customer arising out of a claim that the Customers infringes any patent, fails to comply with this agreement or breach it in any way, or violates any third-party rights, the provisions referenced above in this clause shall no longer apply.
Exhibit indemnifies and holds the Customer harmless from and against any and all claims and liabilities in any action for infringement based on the allegation that Exhibit Services including all its contents violates any third-party intellectual property rights provided such claim arises solely out of the Services as supplied by the Exhibit, and not out of any modification to the Services made by the Customer or by someone other than Exhibit.
If the Customer faces any claims concerning its usage of Exhibit Services and/or all its contents, the Customer shall promptly notify Exhibit in writing about the claim's existence and particulars. The Customer shall give Exhibit the opportunity to take over, settle, or defend such action, claim, or suit at Exhibit's sole expense. The Customer is obligated to aid in the defense of any such action, claim, or suit at the expense of Exhibit by providing necessary information and assistance on how Exhibit sees fit.
Such indemnity shall only be applicable in the event of claims, judgments, liabilities and/or costs that may be finally assessed against the Customer in any action for infringement of a patent or of any copyright, trademark, trade secret or other third-party proprietary right except to the extent such claims, judgments, liabilities and/or costs arise solely from the customer's negligent act, failure to act, gross negligence or willful misconduct.
If usage of Exhibit shall be enjoined for any reason or if Exhibit believes that it may be enjoined, Exhibit shall have the right, at its own expense and sole discretion to act in the following order of precedence:
●
To procure for the Customer the right to continue usage.
●
To modify the Services so that usage becomes non-infringing, and is of at least equal quality and performance; or
●
To replace such Services or parts thereof, as applicable, with non-infringing Product of at least equal quality and performance.
Agreement compliance
The Customer is required to always act in a lawful and responsible manner toward third parties, which includes respecting the intellectual property rights and privacy of third parties and refrain from disseminating information in a manner that violates the law.
Exhibit retains the right to verify the fulfillment of eligibility requirements set out throughout this agreement’s clauses, and to suspend the Customer's access to the Exhibit Services if such requirements are not met.
In the event that one party fails to fulfill its obligations under these terms and conditions, the other party may also terminate the service, provided that the material breach has not been rectified by the defaulting party within 30 days.
Exhibit retains the right to verify the fulfillment of eligibility requirements set out throughout this agreement’s clauses, and to suspend the Customer's access to the Exhibit Services if such requirements are not met.
In the event that one party fails to fulfill its obligations under these terms and conditions, the other party may also terminate the service, provided that the material breach has not been rectified by the defaulting party within 30 days.
Termination
Exhibit retains the right to modify, add, stop, or change some or all of its services anytime whether in whole or in part at its own discretion.
Exhibit may also terminate or terminate/hold/freeze user accounts if those accounts turned out to be in violation of this agreement or other Exhibit’s governing policies whether in whole or in part.
Exhibit may also terminate or terminate/hold/freeze user accounts if those accounts turned out to be in violation of this agreement or other Exhibit’s governing policies whether in whole or in part.
System requirements
Unless otherwise stated, Exhibit services are accessible online through the most commonly used web browsers and do not require specially allocated resources to operate smoothly.
Technical support
Exhibit provides technical support to its customers. Such support may be made available through customer.care@e-exhibit.com email during Exhibit Software's declared working hours on our website. Responses to support requests shall be provided within two (2) business days. The time required for fixing any issues will be communicated to the Customer after the issue has been investigated. While Exhibit Software does not guarantee a specific response time, we strive to provide our customers with responsive and efficient support.
Governing law jurisdiction
Applicable law and jurisdiction
This Agreement shall be governed by United Arab Emirates law, and any dispute arising from this Agreement or the services rendered hereunder shall be resolved through legal proceedings conducted in the United Arab Emirates or in such other manner or jurisdiction as shall be mutually agreed upon by the parties hereto.
Arbitration process
Any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the United Arab Emirates, as modified herein, to the extent such modifications are not prohibited by the Arbitration Rules. The arbitration will be conducted in Dubai, UAE. The parties will select a single arbitrator, but in the event that the parties are unable to agree, the arbitrator will be appointed pursuant to the Arbitration Rules. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute and has the authority to issue any and all remedies authorized by law. The party in violation shall bear all costs and expenses of arbitration, unless the Arbitrator shall determine otherwise. The arbitrator’s findings, reasoning, decision, and award will be stated in writing and based upon applicable law.
Class action waiver
The parties to this agreement acknowledge and agree that any and all claims, disputes, or controversies arising from or related to this agreement shall be resolved on an individual basis, rather than through any form of collective, class, or joint action. This includes, but is not limited to, claims brought under the Private Attorneys General Act (PAGA) or any other state or federal law that permits joint or collective legal action, which means that each party shall not seek to join or consolidate claims with those of any other person or entity, and shall not seek to represent any other person or entity in any arbitration or litigation related to this agreement.
Feedback
As we trust the transformative efforts provided by our customers, we believe that Customers may provide Exhibit with ideas, comments, suggestions, insights, improvements, recommendations, or other feedback on the features or functionality of Exhibit Services (“User Feedback”). The customer agrees that the provision of any User Feedback is completely voluntary, gratuitous, non-confidential, unrestricted, royalty-free, irrevocable, and made without any right to receive any compensation in return. Customer hereby grants Exhibit to exploit User Feedback as we see fit without any obligations to the user.
Change to this agreement
Exhibit reserves the right, at our discretion, to change, modify, add, or remove portions of this document at any time. Some changes may be made in response to changes in applicable laws and regulations, while others may be made as Exhibit adds new features to the Services. Any changes, revisions, or modifications will be effective immediately upon notice to you, which may be given by any means, including posting on our website. If the changes are significant, we will provide a more prominent notice.
The latest version of this agreement will have an effective date listed at the top of the document. Your continued use of the Services after receiving notice of any changes, revisions, or modifications will be deemed acceptance of such changes. We recommend that you periodically review this agreement for any updates or changes.
We take the security of our customers' accounts seriously and aim to provide a safe and secure platform for all users. By promptly notifying us of any security concerns or breaches, customers can help us maintain the integrity of our services and protect their personal information.
The latest version of this agreement will have an effective date listed at the top of the document. Your continued use of the Services after receiving notice of any changes, revisions, or modifications will be deemed acceptance of such changes. We recommend that you periodically review this agreement for any updates or changes.
We take the security of our customers' accounts seriously and aim to provide a safe and secure platform for all users. By promptly notifying us of any security concerns or breaches, customers can help us maintain the integrity of our services and protect their personal information.
