Terms Of Use

PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE USING SERVICE

This Agreement is between Exa Technologies Inc renderfarm ("Exa.io", “Us”, “Our” or “We”) and you ("you", “User”, “Client” or "Customer"), as an authorized user of Exa.io Cloud Rendering Services, and governs the terms and conditions of your use of our Services.

"Cloud Rendering Services" or "Services" are defined as any and all services provided by Exa.io to you either now or in the future. By using or accessing Exa.io Services, or by clicking "Register Your Account" during the registration process, you confirm your acceptance of, and agree to be bound by this Agreement.

Basic Terms

    You must be human.

    You may not use the Exa.io service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

    You are responsible for any activity that occurs under your account.

    You are responsible for keeping your password secure, if you are a registered user.

    You are solely responsible for your conduct and any data, text, information, graphics, photos, audio and video ("Content") that you upload, edit, and render on Exa.io.

    You must not modify, adapt or hack Exa.io unless you are Robert DeNiro.

    You must not copy, crawl, scrape, or otherwise cache any content from Exa.io.

    You must not upload any worms or viruses or any code of a destructive nature. If you suspect you have come into contact with any worms or viruses, please do us a favor and inform us.

    You must not, in the use of Exa.io, violate any laws in your jurisdiction (including but not limited to copyright laws).

    We reserve the right to modify the Exa.io service for any reason, without notice at any time. Please don't feel slighted, some days we don't even have time to call our mothers.

    We reserve the right to refuse service to anyone for any reason at any time. No shoes, no shirt, no service.

    You agree to provide current, accurate and complete information in the registration process and while using the service.

    Should Exa.io suspect that your account information is untrue, inaccurate, not current or incomplete; Exa.io has the right to suspend or terminate your usage of the Service.

    User accounts that are not activated after one week of registration will be terminated automatically, and users will have to register again.

    Signed up users agree to subscribe to our newsletter automatically after registration, and accept to receive email from us.


Content & Proprietary Rights

    Exa.io does NOT claim ANY ownership rights in the files or any materials (collectively, "Content") that you upload to or produced renders through Exa.io services.

    You represent and warrant that: (i) you own the Content uploaded by you, (ii) the uploading and use of your Content on or through the Exa.io Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the uploading of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all fees, and any other monies owing any person by reason of Content you upload on or produces through Exa.io Services.

    Limited License. Exa.io grants you a non-exclusive license to use Exa.io. These Terms of Service will also govern any upgrades that replace and/or supplement Exa.io, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. Exa.io may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Except as and only to the extent expressly permitted in these Terms of Service or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of Exa.io or any part thereof.

    Exa.io Services contain Content of Exa.io ("Exa.io Content"). Exa.io Content is protected by copyright, trademark, patent, trade secret and other laws, and Exa.io owns and retains all rights in the Exa.io Content and the Exa.io Services. Exa.io hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Exa.io Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Exa.io Services.

    The Exa.io Services contain Content of Users. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content of Users or other Exa.io licensors appearing on or through the Exa.io Services.

    All content, including without limitation, all text, design, graphics, drawings, photographs, code and software, and all organization and presentation of such content, which forms a part of this website, are subject to intellectual property rights, including copyright and trademarks held by or licensed to RebusFarm. All such rights are expressly reserved.

    We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

    Exa.io performs technical functions necessary to offer the Exa.io Services, including but not limited to rendering, transcoding, extraction, compression and/or reformatting Content to allow its use throughout the Exa.io Services.


Service Charges

    You agree to allow Exa.io to charge your account for the cost of the Service. The cost of the Service is the number of core hours utilized in the processing of your project multiplied by the price, as explained in the Pricing page on our website.

    You agree that Exa.io does not charge for completion of the entire job, but for core hours utilized during processing of the job. If you cancel the job for any reason, core hours utilized up to the point of cancellation will still be charged.

    You agree that rendering will be stopped automatically once your account has insufficient credits.

    You understand that Exa.io reserves the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which will be sent by email).

    You understand that Exa.io is self service and that it is User's responsibility to monitor the progress of each job and the charges accrued for services provided, and to contact our support if they have any questions.

    If you believe Exa.io has charged you incorrectly, you must contact us no later than 7days after the render task is done, in order to receive an adjustment or credit. Inquiries should be directed to Exa.io's Customer Service Department (info@exa.io).

    We reserve the right to discontinue or modify coupons, credits and special promotional offers at our discretion.


Governing Law

    This Agreement is governed by and construed in accordance with the laws of the United States and the State of Delaware as applied to agreements entered into and to be performed entirely within that state between residents of that State.

    International Users are responsible for complying with local laws, if and to the extent local laws are applicable.

    Any claim or cause of action by you arising out of or related to use of Exa.io or the Website or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.


Termination Of Your Account

    Violation of any of these agreements will result in the termination of your Exa.io account and discard any Content within the Service.

    Cancellations and Refunds Policy. We endeavor to treat our customers fairly. You can easily cancel online 24 hours a day. There are no cancellation fees although there are no refunds for the credits remaining in your account.

    Upon termination by Exa.io or at your direction, you may request a file of your Data on the premise that Exa.io still have your Data. You must make such request at the notification of termination to receive such file within (30) days of termination. Upon termination of an account, your right to use such account and the Service immediately ceases. Exa.io shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.


Modifications To Terms

    Exa.io reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.


Disclaimer

    You understand that Exa.io does not warrant that the service will meet your deadlines, budgets, requirements or expectations.

    You agree that Exa.io provides no guarantee regarding the completion time on any job, under any circumstances.

    Any cost estimates provided by Exa.io’s calculator are provided to help the client get an idea on the cost and is not a final price quotation or other form of guarantee in any way. Client has been given free credits to test renders to help him determine more accurate estimates on the duration of any job, but the performance on any test frame shall not be construed as any guarantee that performance on any of the frames in the full job will be the same.

    Although the Site and other Exa.io Services are normally available, there will be occasions when the Site or other Exa.io Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Exa.io. Also, although Exa.io will normally only delete Content that violates this Agreement, Exa.io reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Exa.io in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Exa.io encourages you to maintain your own backup of your Content. In other words, Exa.io is not a backup service. Exa.io will not be liable to you for any modification, suspension, or discontinuation of the Exa.io Services, or the loss of any Content.

© Exa.io 2013. All Rights Reserved. No duplication of content permitted without written permission.