EXPO

Terms of Service

Please read these terms of service very carefully before registering for, or using, the XibitIndia web site and Service. These terms of service (“Agreement”) govern you accessing content and using virtualpropertyexpo.navabharatmedia.in (and any subdomains) and its affiliate’s web sites and mobile applications. This Agreement between you (“you”) and XibitIndia, is subject to change by us as described below. By registering on the site by using this site you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and XibitIndia.

1. This web site and any other site powered by XibitIndia.com (collectively the “Site”) is owned and operated by Media On Fire, LLC (referred to as “XibitIndia” herein) or behalf of XibitIndia or for the XibitIndia’ customer (referred to as “Company” herein). The Site and its content (“Content”) and the XibitIndia virtual fair service (“Service”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by XibitIndia. Company, or the copyright owner to the fullest extent allowed by law.

2. You acknowledge and agree that XibitIndia or Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at XibitIndia’ and Company’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform XibitIndia and Company when you stop using the Services. You acknowledge and agree that if XibitIndia or Company disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.

3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by XibitIndia and Company, unless you have been specifically allowed to do so in a separate agreement with XibitIndia and/or Company. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with XibitIndia or Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services or anything located on the Site for any purpose. You agree that you are solely responsible for (and that XibitIndia and Company have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which XibitIndia and/or Company may suffer) of any such breach.

4. XibitIndia and Company do not charge for access using its mobile application; however, your carrier rates will apply, such as fees for text messaging and data charges. You hereby acknowledge, agree, and provide consent in order for users to sync any device with your information.

5. You understand that the Site employs the use of cookies and you hereby acknowledge and agree that by using the Site that you to consent to the use of cookies in accordance with vFair’s Privacy Policy.

6. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such materials originated, which may be you.

7. XibitIndia and Company allow the following organizations to link to the Site without prior written approval: (a) government agencies, (b) search engines, (c) news organizations, (d) online directory distributors when they list XibitIndia or Company in the directory may link to the Site in the same manner as they hyperlink to the websites of other listed businesses, (e) and systemwide accredited businesses, except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to the Site. The above mentioned organizations may link to the XibitIndia or Company home page, to XibitIndia’ and/or Company’s publications on the Site, or to other Site information so long as the link: (a) ) is not in any way misleading, (b) the link does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services, and (c) fits within the context of the linking party’s site. XibitIndia and Company may consider and approve, in their sole discretion, other link requests from the following types of organizations: (a) commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union, (b) dot.com community sites, (c) associations or other groups representing charities, including charity giving sites, (d) online directory distributors, (e) internet portals, (f) accounting, law and consulting firms whose primary clients are businesses, and (g) educational institutions and trade associations. These organizations may link to the XibitIndia’ and/or Company Site homepage, to publications or to other website information provided that the link: (a) is not in any way misleading, (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services, and (c) fits within the context of the linking party’s site. If you are among the organizations listed in this Section and are interested in linking to our website, you must notify XibitIndia and Company by sending an e-mail to info@mantramedia.in. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Please allow 2-3 weeks for a response. Approved organizations may hyperlink to the Site as follows (i) by use of of the XibitIndia’ or Company’s corporate name, or (ii) by use of the uniform resource locator (web address) being linked to; or (iii) by use of any other description of the Site or material being linked to that makes sense within the context and format of content on the linking party’s site. No use of XibitIndia’ or Company’s logo or other artwork will be allowed for linking absent a trademark license agreement

8. Without prior approval and express written permission from XibitIndia or Company, you may not create frames around the Site or use other techniques that alter in any way the visual presentation or appearance of the Site.

9. XibitIndia and Company reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein.

10. While XibitIndia and Company use reasonable efforts to include accurate and up-to-date information on the Site, vFair and Company make no warranties or representations as to its accuracy. XibitIndia and Company assume no liability or responsibility for any errors or representations in the Content or this Site.

11. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that XibitIndia and Company are not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.

12. Users of the Site may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that XibitIndia and Company shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. XibitIndia and Company have the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.

13. If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, XibitIndia shall own such content and material and you hereby assign any rights in such content and material to XibitIndia. In the event ownership in the content or material cannot be granted to XibitIndia, you grant XibitIndia and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant XibitIndia, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify and hold XibitIndia and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.

14. At your discretion, you may provide feedback to XibitIndia and Company concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to XibitIndia. In the event ownership in the Feedback cannot be granted to XibitIndia, you grant XibitIndia at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that XibitIndia and Company may disclose that Feedback to any third party in any manner and you agree that XibitIndia and Company have the ability to sublicense all Feedback in any form to any third party without restriction.

15. The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. XibitIndia and Company may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

16. You shall not transmit to XibitIndia or Company or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

17. You may not use your username and password for any unauthorized purpose.

18. XibitIndia and Company may retain and use, information collected in your use of the Service, provided such information does not individually identify you.

19. Children under the age of 13 (or other age as required by local law) are permitted to use the site ONLY as part of an approved agreement with a customer providing for children’s data. Children under 13 years old (or other age as required by local law) are otherwise prohibited from using the site. If you are a parent or guardian and you are aware that your child has provided us with personal data that is not part of an approved customer relationship, please contact us immediately. If we learn that we have collected any personal data in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account. For such customer accounts, XibitIndia involves the collection and maintenance of personal data about children under 13, as well as other personal data of students as applicable, through the site. It is operated by: Media On Fire LLC, 26, Kennedy Street, Iselin NJ 08830.Please contact XibitIndia at info@mantramedia.in with any questions about the collection, use and sharing of children’s personal data. The information collected about children under 13, as well as other personal data of students, includes: name and email address. The information about children under 13, as well as other personal data of students, is or may be used for: account creation, user verification, deliver the products and services, share content between users, user interaction, customer support, user communication, prevent fraud, detect security incidents, analytics, respond to legal inquiries or terminate accounts. The information about children under 13, as well as other personal data of students, is disclosed to: service providers and vendors (including for the purposes as agreed per T&C, other authorized users with whom the child or student shares and/or communicates, government and/or legal requestors as required by law, and others as necessary (based on the appropriate consent of the school and/or parent / legal guardian). No child or student personal data is made available to the public by XibitIndia. Children may make their personal data available to other authorized users as part of the services. The parent of a child under 13 or a student (subject to an applicable law) can review or have deleted the personal data held by XibitIndia and refuse to permit its further collection or use. A parent may do so by notifying the customer (e.g., school) through their designated contact mechanism and/or notifying XibitIndia via info@mantramedia.in.

20. XibitIndia or Company may terminate your access to our Site or the Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.

21. By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Site. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF NEW JERSEY WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN ISELIN, NJ AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICITON OF SUCH COURTS.

22. The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of XibitIndia’ or Company’s proprietary rights in them.

23. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. XIBITINDIA AND COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. XIBITINDIA AND COMPANY MAKE NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, XIBITINDIA AND COMPANY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. XIBITINDIA AND COMPANY ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.

24. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL XIBITINDIA, COMPANY, OR EITHER OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF XIBITINDIA OR AND COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. XIBITINDIA’, COMPANY’S AND EACH OF THEIR LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF XIBITINDIA OR COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

25. This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. You shall not assign or transfer this Agreement without the prior written consent of XibitIndia and/or Company. Any attempt to assign or transfer this Agreement by you shall be void.

26. The state or federal courts sitting in Middlesex County NJ, shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement and sale, and you hereby consent to the jurisdiction of such courts. XibitIndia and Company shall not be liable to you for any delay or failure of XibitIndia or Company to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of XibitIndia or Company. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be . The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site.

Xibitindia Privacy Policy

Last Updated: 04/01/2025

1. Introduction

MEDIA ON FIRE, LLC (either “MEDIAONFIRE,” “we,” or “us”) provides virtual events platform using its XIBITINDIA brand. MEDIAONFIRE collects, uses, discloses, transfers, and otherwise processes data, including any information that may be used, either alone or in combination with other information, to personally identify a natural person (“Personal Data”), in several ways, as described herein. MEDIAONFIRE is committed to protecting and respecting your privacy. This Privacy Policy (“Policy”), together with our Master Subscription Agreement and any other document referred to therein, describes how MEDIAONFIRE treats personal data when you, the user, access the MEDIAONFIRE platform, mobile application or website located at https://xibitindia.com (the “XIBITINDIA”).

We require certain Personal Data for use of our products and services. If you choose not to provide any requested Personal Data, you may be unable to use our services. Our Site may contain links to third-partys and services that are not owned or controlled by MEDIAONFIRE. We are not responsible for the privacy practices or the content of third party websites, services and advertisements, and you visit them at your own risk. This Policy only applies to Personal Data collected by MEDIAONFIRE, and does not apply to any Personal Data collected by any third party. We encourage you to familiarize yourself with privacy policies applicable to any websites and services operated by third parties as we are not responsible for the privacy practices of any third parties.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING XIBITINDIA, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE XIBITINDIA.

2. Type of Information MEDIAONFIRE Collects.

We may receive and/or collect information, including Personal Data, in the following ways:

1. Personal Data in Connection with User Account Registration and User Account-Related Activities – Certain areas and features of XIBITINDIA, such as registration of a user account or profile for purposes of participation in a virtual event hosted by us, entering protected web pages, or opting to receive further information about MEDIAONFIRE products or services may require you to provide MEDIAONFIRE with certain Personal Data such as your name, email address, address, company name, job title, phone number, and other business or contact information. No transaction payment data is collected or stored by MEDIAONFIRE. The foregoing types of Personal Data may also be collected by the company sponsoring a virtual event hosted by us (a “Sponsor”) that you register for or participate in. MEDIAONFIRE is not responsible for Sponsor’s privacy practices involving your Personal Data. We encourage you to review the Sponsor’s privacy policy in advance of registering for or participating in a virtual event.

2. Your Activities On and Use of XIBITINDIA - MEDIAONFIRE may automatically collect information about your activities on and/or usage of XIBITINDIA. Activity information we automatically collect may include which web pages you visited, the Uniform Resource Locator (“URL”) identifying the website you came from or visit after you leave XIBITINDIA, the average time you spent on XIBITINDIA, information, including Personal Data, you’ve previously shared with MEDIAONFIRE, your domain, your computer’s Internet Protocol(“IP”) address, etc. (defined below). In addition, if you are logged into a password protected area, we may associate that information with your account. To accomplish this we may use the following :

3. IP Address – The IP address is the numerical label associated with the location of your computing device.

4. Web Beacons – Web Beacons are strings of code placed on a webpage in conjunction with Cookies (defined below). Web Beacons are able to track the number of users that visit a website and, in conjunction with cookies, identify the IP address and personalize the website experience. Web Beacons may also be used to collect anonymous and/or aggregate, unidentifiable information such as how many users attended a virtual event.

iii. Cookies – In some cases, MEDIAONFIRE may use HTTP cookies (web cookies, Internet cookies, browser cookies), Flash Cookies (cookies that are not related to a specific browser, further described below), clear GIFs (a.k.a. web beacons), and log file information (a file that records either events that occur in an operating system or other software runs, or messages between different users of a communication software) to: (a) store information so that you will not have to reenter it during your visit or the next time you visit the event; (b) provide customer, personalized content and information; or (c) monitor aggregate metrics such as the total number of visitors, pages, viewed, and similar information. A cookie is a small amount of data, which often includes a unique identifier that is placed on your computer or on your mobile phone/tablet (collectively referred to herein as a “device”) browser from a website’s computer and is stored on your device’s hard drive. There are two different types of cookies: session cookies and persistent cookies. Session cookies are held temporarily and disappear when you close your browser. Persistent cookies may be used by your browser on subsequent visits. Cookies are widely used to provide certain features of websites, to make websites perform more efficiently, and to provide information to the owners of the website. Each MEDIAONFIRE event and/or webcast can send its own cookie to your browser if your browser’s preferences allow it. For events and webcasts, cookies record information about your online preferences and allow us to present content to your interests. Users have the opportunity to set their devices to accept all cookies, to notify them when a cookie is issued or not to receive cookies at any time. If you do not opt in to receive cookies and/or set your device to not receive cookies, certain personalized features cannot be provided to you, and accordingly, you may not be able to take full advantage of XIBITINDIA’ features.

1. Third-Party Cookies – You may be presented with cookies from third-party websites and providers that are not related to MEDIAONFIRE. For example, when you view a webpage with content embedded from a third-party provider, you may be presented with cookies from such a provider. MEDIAONFIRE does not control the dissemination of these third-party cookies. In general, you should check the third-party websites for more information regarding that third-party’s data practices and policies. In addition, MEDIAONFIRE provides an optional single sign-on using social networks including, but not limited to, Facebook, and LinkedIn. If you are logging into an MEDIAONFIRE event using a social network credential, the applicable third party, and not MEDIAONFIRE, will set cookies. MEDIAONFIRE does not control or have any access to the cookie information these social networks may set.

2. Local Storage – MEDIAONFIRE uses browser local storage on personal computers and mobile devices to deliver its services.

3. Content – Any Personal Data or content that you voluntarily upload or otherwise disclose while on XIBITINDIA (such as, through use of an MEDIAONFIRE blog), including but not limited to the information disclosed on discussion boards, in messages and chat areas, within a profile page, or images or any other content you provide (“Content”), becomes publicly available and can be collected and used by others. In addition, if you are given the ability to log into your account with any social networking website, or post Content on such site, another third-party website, or through XIBITINDIA, such Content may be made available to other parties and associated with your Personal Data. Personal Data uploaded in association with any MEDIAONFIRE event is only used for and shared with the particular customer of MEDIAONFIRE for that event. Data that is in an aggregate, de-identified form that is no longer considered Personal Data and does not allow the identification of individual users may be used by MEDIAONFIRE for purposes of research and analysis.

4. Purposes for Which MEDIAONFIRE Collects Information.

5. Operation, Maintenance, and Flagging – If you submit Personal Data through XIBITINDIA, MEDIAONFIRE may use it to operate, maintain, and provide you with the general and personalized features and functionality of XIBITINDIA, provide you with the MEDIAONFIRE products and services you request or order, complete transactions, or communicate with you. We may also use such Personal Data to process any flagging activity or correspondence you send to us.

6. Messaging – Your user account registration information may be displayed in password-protected areas to other users. If you choose to receive an email from MEDIAONFIRE, we may use clear GIFs (a.k.a. web beacons) in HTML-based emails sent to you to track which emails are opened by recipients.

7. No Commercial Marketing – MEDIAONFIRE will not use your email address or other Personal Data to send commercial or marketing messages for our benefit without your consent, except as part of a specific program or feature or other business relationship for which you opt-in. We will not share your Personal Data with third-party marketers.

8. Non-Marketing or Administrative Uses – MEDIAONFIRE may use your email address without your consent for non-marketing or administrative purposes, such as notifying you for customer service reasons.

9. Quality & Features – MEDIAONFIRE may use Personal Data and certain non-personally identifiable information in furtherance of its legitimate interest to improve the quality and design of XIBITINDIA and to create new features, promotions, functionality, and services by storing, tracking, analyzing, and processing user preferences and trends, as well as user activity and communications, to improve or personalize your experience, to improve or manage XIBITINDIA or products and services, to provide features available on XIBITINDIA, to operate and improve our products and services, for market research, to analyze XIBITINDIA, and to ensure the technical functionality and security of XIBITINDIA.

10. URLs & IP Address – When you visit XIBITINDIA through a referral, MEDIAONFIRE automatically receives the URL of the site from which you came. We also receive the Internet protocol (IP) address of your computer, your computer operating system and type of web browser you are using, as well as the name of your Internet service provider (“ISP”). This information may be used by MEDIAONFIRE in furtherance of its legitimate interests to analyze overall trends, determine the domain from which you came, who visits XIBITINDIA, to understand the needs of XIBITINDIA visitors, or to help us improve the MEDIAONFIRE service.

11. Access to Your Information.

You have the following rights with respect to the Personal Data we hold about you :

1. The right to know what Personal Data we hold about you. If you would like to know what personal data we hold about you, please contact us at admin@xibitindia.com;

2. The right to correct, amend, change, and delete Personal Data about you. If you have questions regarding the correction, deletion, or updating of the personal data we hold about you, please contact us at admin@xibitindia.com;

3. The right to opt-out of receiving electronic direct marketing communications from us. All electronic direct marketing communications that you may receive from us, such as e-mail messages and SMS-messages, give you the option of not receiving such communications from us in the future. If you have any additional questions about electronic direct marketing received from us, please contact us at admin@xibitindia.com; and

4. If you are a resident of the European Union (the :EU”), you may have the right to lodge a complaint relating to our processing of personal data about with a data protection authority (“DPA”) of the EU Member State in which you reside.

5. Sharing of Personal Data With Third Parties.

We share Personal Data about you with third parties for the purposes detailed below. Please note that this Policy does not apply to third parties, MEDIAONFIRE is not responsible for the privacy practices of third parties, and that you should consult the respective privacy policies of third parties for more information on their practices.

1. To Conduct Our Business – MEDIAONFIRE shares Personal Data with your consent or as necessary with third-party service providers to complete any transaction or provide any product or service requested or authorized. MEDIAONFIRE also shares Personal Data with third-party service providers, suppliers, or agents working with MEDIAONFIRE or on MEDIAONFIRE’s behalf, such as data storage service providers, human resources service providers, marketing automation services, and data analysis companies, including Google.

2. Law Enforcement – MEDIAONFIRE may disclose Personal Data about you to public authorities, such as law enforcement if we believe in good faith that we are required to do so in order to comply with laws or regulations, a subpoena, a search warrant, a court or regulatory order, or another valid legal process. We may disclose Personal Data in special circumstances when we have reason to believe that disclosing Personal Data is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Use or other user agreement, or to protect the safety or security of our users, XIBITINDIA or the general public.

3. Sale of Business – We reserve the right to transfer Personal Data to a third-party such as a subsidiary, parent company, co-owner or cooperator of XIBITINDIA and/or MEDIAONFIRE, or a successor entity in the event of a sale, merger or other transfer of all or substantially all of our assets, provided that the third party agrees to adhere to the terms of this Privacy Policy and MEDIAONFIRE provides you with notice of the same.

4. Security & Data Integrity.

MEDIAONFIRE takes reasonable steps to prevent the loss, misuse, and unauthorized access, disclosure, alteration and destruction of Personal Data about you. In addition, MEDIAONFIRE takes appropriate security measures to safeguard Personal Data about you once we have received it. Despite these efforts to store Personal Data collected on and through XIBITINDIA and otherwise by us in a secure operating environment that is not available to the public, we cannot guarantee the security of Personal Data during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of Personal Data, we cannot guarantee that our security measures will prevent third-parties such as so-called hackers from illegally obtaining access to Personal Data. We do not warrant or represent that Personal Data about you will be protected against, loss, misuse, or alteration by third parties.

7. Data Retention.

MEDIAONFIRE will not keep Personal Data longer than is necessary for the purpose or purposes for which they were collected. MEDIAONFIRE will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required. MEDIAONFIRE retains most Personal Data for up to five (5) years from the date it is no longer used and may retain some personal data for a longer period, to comply with our legal obligations, in relation to that Personal Data.

8. Your California Privacy Rights.

California Civil Code Section 1798.83 permits users that are residents of California to request certain information regarding MEDIAONFIRE’s disclosures of Personal Data to third parties for such third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please email MEDIAONFIRE at sales@xibitindia.com.

The California Online Privacy Protection Act (“CalOPPA”) requires MEDIAONFIRE to disclose how it responds to Do Not Track Signals in your web browser. MEDIAONFIRE does not interpret or respond to Do Not Track Signals. You may set your web browser to not accept new cookies or disable cookies altogether. Please note that doing so may hinder your experience on XIBITINDIA. Please see the Help section of your browser for instructions on managing security preferences.

9. Children’s Privacy.

XIBITINDIA is not directed to children younger than thirteen (13) years of age. We do not intend to collect Personal Data from children under 13. If you are under 13, please do not use XIBITINDIA and do not send any information about yourself to us.

10. International Transfers of Personal Data.

Some elements of XIBITINDIA and/or our products and services may be hosted on servers located in countries outside the United States. The laws applicable to the protection of Personal Data in such countries may be different from those applicable in your home country. In particular, if you are located within the European Union (the “EU”)/European Economic Area (the “EEA”) or Switzerland, please note that Personal Data collected by us may be transferred outside those countries. By using XIBITINDIA or our products or services, you consent to Personal Data about you being transferred outside your own country and, where applicable, outside the EU, EEA or Switzerland.

11. Changes to the Policy.

From time to time we may change this Policy with or without prior notice to you. You can tell when changes have been made to the Policy by referring to the “Last Updated” legend on top of this page. Please review this Policy regularly to ensure that you are aware of any changes. If we materially change the ways in which we use and disclose Personal Data, we will post a notice on XIBITINDIA and send an e-mail to our registered users. Your continued use of XIBITINDIA and/or our products and services following any changes to this Policy constitutes your acceptance of any such changes made.

12. Contacting Us.

Any comments, concerns, complaints, or questions regarding our Privacy Policy may be addressed to the MEDIAONFIRE administrative team at :

Media On Fire, LLC

Phone : (732) 742-4105

Email : sales@xibitindia.com

We seek to promptly respond to and resolve any questions or concerns you may have.

This Master Subscription Agreement

THIS MASTER SUBSCRIPTION AGREEMENT (“AGREEMENT”) GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES.

IF YOU REGISTER FOR A FREE TRIAL FOR OUR SERVICES, THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY STARTING A FREE TRIAL, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

This Agreement was last updated on April 1, 2021. It is effective between You and Us as of the date of You accepting this Agreement.

1. Definitions

“Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

“Malicious Code” means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.

“Non-Media On Fire, LLC Applications” means online applications and offline software products that are provided by entities or individuals other than Us and are clearly identified as such, and that interoperate with the Services.

“Order Form” or “Quotation” means the documents for placing orders hereunder, including addenda thereto, that are entered into between You and Us or any of Our Affiliates from time to time, including addenda and supplements thereto. By entering into an Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto. Order Forms shall be deemed incorporated herein by reference.

“Purchased Services” means Services that You or Your Affiliates purchase under an Order Form, as distinguished from those provided pursuant to a free trial.

“Services” means the products and services that are ordered by You under a free trial or an Order Form and made available by Us online via the customer sign-in link at https://virtualpropertyexpo.navabharatmedia.in/ and/or other web pages designated by Us, including associated offline components. Services include “Working Group Sites”, “Social Media Sites”, “vMicroSites”, “vExpos”, “Virtual Event Venues”, “Event Community Sites”, “vExhibits”, “Engagement Venues”, “Starter Venue”, “Pro Venue”, “Enterprise Venue”, and other services listed at https://xibitindia.com and excludes Non- Media On Fire, LLC Applications.

“Guests” means individuals and members who are authorized by You to use the Services. Guests may include but are not limited to Your employees, consultants, contractors and agents, and third parties with which You transact business.

“We,” “Us” or “Our” means Media On Fire, LLC, the company you are contracting with.

“You” or “Your” means the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity.

“Your Data” means all electronic data or information submitted by You or Guests to the Purchased Services.

2. Free Trial

If You register on our website for a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered or are registering to use the applicable Service or (b) the start date of any Purchased Services ordered by You. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.

ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST.

NOTWITHSTANDING SECTION 9 (WARRANTIES AND DISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.

Please review available administrator and guest documentations and media during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

If You are located in the United States, then during any free trial period We may disclose anonymous data about Your use of the Services (“Usage Statistics”) to our service providers for the purpose of helping us improve our users’ experience with the Services, or as required by law. Any such disclosures of Usage Statistics to our service providers will not include Your identity.

3. Purchased Services

3.1. Provision of Purchased Services. We shall make the Purchased Services available to You pursuant to this Agreement and the relevant Order Forms during a subscription term. You agree that Your purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Us regarding future functionality or features.

3.2. Guests Limit. Unless otherwise specified in the applicable Order Form, (i) Services are purchased with an upper limit on number of Guests that are allowed to access the service per month at the same time (concurrent), (ii) the limit can be pre-negotiated for the entire duration of the subscription, or fees can be calculated on monthly basis based on that month’s Guests count.

4. Use of the Services

4.1. Our Responsibilities. We shall: (i) provide Our basic support for the Purchased Services to You at no additional charge, and/or upgraded support if purchased separately, (ii) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which We shall give at least 8 hours notice via the Purchased Services and which We shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Friday to 3:00 a.m. Monday Pacific Time), or (b) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), Internet service provider failures or delays, or denial of service attacks, and (iii) provide the Purchased Services only in accordance with applicable laws and government regulations.

4.2. Our Protection of Your Data. We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law in accordance with Section 8.3 (Compelled Disclosure) or as expressly permitted in writing by You, or (c) access Your Data except to provide the Services and prevent or address service or technical problems, or at Your request in connection with customer support matters.

4.3. Your Responsibilities. You shall (i) be responsible for Guests’ compliance with this Agreement, (ii) be responsible for the accuracy, quality and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the documented use and applicable laws and government regulations. You shall not (a) make the Services available to anyone other than Guests, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks.

4.4. Usage Limitations. Services may be subject to other limitations, such as, for example, limits on disk storage space. Any such limitations are specified in the Order Form. The Services provide real-time information to enable You to monitor Your compliance with such limitations.

5. Non-media on Fire, Llc Providers

5.1. Acquisition of Non-Media On Fire, LLC Products and Services. We or third parties may from time to time make available to You third-party products or services, customization and other consulting services. Any acquisition by You of such non-Media On Fire, LLC products or services, and any exchange of data between You and any non-Media On Fire, LLC provider, is solely between You and the applicable non-Media On Fire, LLC provider. We do not warrant or support non-Media On Fire, LLC products or services, whether or not they are designated by Us as “certified” or otherwise, except as specified in an Order Form. Subject to Section 5.3 (Integration with Non-Media On Fire, LLC Services), no purchase of non-Media On Fire, LLC products or services is required to use the Services except a supported computing device, operating system, web browser and Internet connection.

5.2. Non-Media On Fire, LLC Applications and Your Data. If You install or enable Non-Media On Fire, LLC Applications for use with Services, You acknowledge that We may allow providers of those Non-Media On Fire, LLC Applications to access Your Data as required for the interoperation of such Non-Media On Fire, LLC Applications with the Services. We shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by Non-Media On Fire, LLC Application providers.

5.3. Integration with Non-Media On Fire, LLC Services. The Services may contain features designed to interoperate with Non-Media On Fire, LLC Applications (e.g., WebEx, Google, Facebook or Twitter applications). To use such features, You may be required to obtain access to such Non-Media On Fire, LLC Applications from their providers. If the provider of any such Non-Media On Fire, LLC Application ceases to make the Non-Media On Fire, LLC Application available for interoperation with the corresponding Service features on reasonable terms, We may cease providing such Service features without entitling You to any refund, credit, or other compensation.

6. Fees and Payment for Purchased Services

6.1. Fees. You shall pay all fees specified in all Order Forms hereunder. Except as otherwise specified herein or in an Order Form, (i) fees are based on services purchased and not actual usage, and (ii) payment obligations are non-cancelable and fees paid are non-refundable. Guests fees are based on monthly periods that begin on the subscription start date and each monthly anniversary thereof; therefore, fees for additional Guests added in the middle of a monthly period will be charged for that full monthly period and the monthly periods remaining in the subscription term.

6.2. Invoicing and Payment. You will provide Us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Us. If You provide credit card information to Us, You authorize Us to charge such credit card for all Services listed in the Order Form for the initial subscription term and any renewal subscription term(s) as set forth in Section 12.2 (Term of Purchased Subscriptions). Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated in the applicable Order Form. If the Order Form specifies that payment will be by a method other than a credit card, We will invoice You in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced charges are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.

6.3. Overdue Charges. If any charges are not received from You by the due date, then at Our discretion, (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or (b) We may condition future subscription renewals and Order Forms on payment terms shorter than those specified in Section 6.2 (Invoicing and Payment).

6.4. Suspension of Service and Acceleration. If any amount owing by You under this or any other agreement for Our services is 30 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full. We will give You at least 7 days’ prior notice that Your account is overdue, in accordance with Section 13.2 (Manner of Giving Notice), before suspending services to You.

6.5. Payment Disputes. We shall not exercise Our rights under Section 6.3 (Overdue Charges) or 6.4 (Suspension of Service and Acceleration) if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

6.6. Taxes. Unless otherwise stated, Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against it based on Our income, property and employees.

7. Proprietary Rights

7.1. Reservation of Rights in Services. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.

7.2. Restrictions. You shall not (i) permit any third party to access the Services except as permitted herein or in an Order Form, (ii) create derivate works based on the Services except as authorized herein, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.

7.3. Your Applications and Code. If You, a third party acting on Your behalf, or a Guest creates applications or program code using the Services, You authorize Us to host, copy, transmit, display and adapt such applications and program code, solely as necessary for Us to provide the Services in accordance with this Agreement. Subject to the above, We acquire no right, title or interest from You or Your licensors under this Agreement in or to such applications or program code, including any intellectual property rights therein.

7.4. Your Data. Subject to the limited rights granted by You hereunder, We acquire no right, title or interest from You or Your licensors under this Agreement in or to Your Data, including any intellectual property rights therein.

7.5. Suggestions. We shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by You, including Guests, relating to the operation of the Services.

7.6. Federal Government End Use Provisions. We provide the Services, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with Us to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.

8. Confidentiality

8.1. Definition of Confidential Information. As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include Your Data; Our Confidential Information shall include the Services; and Confidential Information of each party shall include the terms and conditions of this Agreement and all Order Forms, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than Your Data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

8.2. Protection of Confidential Information. The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. Neither party shall disclose the terms of this Agreement or any Order Form to any third party other than its Affiliates and their legal counsel and accountants without the other party’s prior written consent.

8.3. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.

9. Warranties And Disclaimers

9.1. Our Warranties. We warrant that (i) We have validly entered into this Agreement and have the legal power to do so, (ii) the Services shall perform materially in accordance with its documentation, (iii) subject to Section 5.3 (Integration with Non-Media On Fire, LLC Services), the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided it is not a breach of this subpart (iv) if You or a Guest uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 12.3 (Termination for Cause) and Section 12.4 (Refund or Payment upon Termination) below.

9.2. Your Warranties. You warrant that You have validly entered into this Agreement and have the legal power to do so.

9.3. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9.4. Non-GA Services. From time to time We may invite You to try, at no charge, Our products or services that are not generally available to Our customers (“Non-GA Services”). You may accept or decline any such trial in Your sole discretion. Any Non-GA Services will be clearly designated as beta, pilot, limited release, developer preview, nonproduction or by a description of similar import. Non-GA Services are provided for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms. NON-GA SERVICES ARE NOT CONSIDERED “SERVICES” HEREUNDER AND ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY. We may discontinue Non-GA Services at any time in Our sole discretion and may never make them generally available.

10. Mutual Indemnification

10.1. Indemnification by Us. We shall defend You against any claim, demand, suit, or proceeding made or brought against You by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third party (a “Claim Against You”), and shall indemnify You for any damages, attorney fees and costs finally awarded against You as a result of, and for amounts paid by You under a court approved settlement of, a Claim Against You; provided that You (a) promptly give Us written notice of the Claim Against You; (b) give Us sole control of the defense and settlement of the Claim Against You (provided that We may not settle any Claim Against You unless the settlement unconditionally releases You of all liability); and (c) provide to Us all reasonable assistance, at Our expense. In the event of a Claim Against You, or if We reasonably believe the Services may infringe or misappropriate, We may in Our discretion and at no cost to You (i) modify the Services so that they no longer infringe or misappropriate, without breaching Our warranties under “Our Warranties” above, (ii) obtain a license for Your continued use of the Services in accordance with this Agreement, or (iii) terminate Your subscriptions for such Services upon 30 days’ written notice and refund to You any prepaid fees covering the remainder of the term of such subscriptions after the effective date of termination.

10.2. Indemnification by You. You shall defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your Data, or Your use of the Services in breach of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law (a “Claim Against Us”), and shall indemnify Us for any damages, attorney fees and costs finally awarded against Us as a result of, or for any amounts paid by Us under a court-approved settlement of, a Claim Against Us; provided that We (a) promptly give You written notice of the Claim Against Us; (b) give You sole control of the defense and settlement of the Claim Against Us (provided that You may not settle any Claim Against Us unless the settlement unconditionally releases Us of all liability); and (c) provide to You all reasonable assistance, at Your expense.

10.3. Exclusive Remedy. This Section 10 (Mutual Indemnification) states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this Section.

11. Limitation of Liability

11.1. Limitation of Liability. NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) SHALL EXCEED THE LESSER OF $500,000 OR THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE FOREGOING SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR PURCHASED SERVICES).

11.2. Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12. Term And Termination

12.1. Term of Agreement. This Agreement commences on the date You accept it and continues until all subscriptions granted in accordance with this Agreement have expired or been terminated. If You elect to use the Services for a free trial period and do not purchase a subscription before the end of that period, this Agreement will terminate at the end of the free trial period.

12.2. Term of Purchased Subscriptions. Subscriptions purchased by You commence on the start date specified in the applicable Order Form and continue for the subscription term specified therein. Except as otherwise specified in the applicable Order Form, all subscriptions shall automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. The per-unit pricing during any such renewal term shall be the same as that during the prior term unless We have given You written notice of a pricing increase at least 60 days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter. Any such pricing increase shall not exceed 15% of the pricing for the relevant Services in the immediately prior subscription term, unless the pricing in such prior term was designated in the relevant Order Form as promotional or one-time.

12.3. Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

12.4. Refund or Payment upon Termination. Upon any termination for cause by You, We shall refund You any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by Us, You shall pay any unpaid fees covering the remainder of the term of all Order Forms after the effective date of termination. In no event shall any termination relieve You of the obligation to pay any fees payable to Us for the period prior to the effective date of termination.

12.5. Return of Your Data. Upon request by You made within 30 days after the effective date of termination of a Purchased Services subscription, We will make available to You for download a file of Your Data in comma separated value (.csv) format along with attachments in their native format. After such 30-day period, We shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise in Our possession or under Our control.

12.6. Surviving Provisions. Section 6 (Fees and Payment for Purchased Services), 7 (Proprietary Rights), 8 (Confidentiality), 9.3 (Disclaimer), 10 (Mutual Indemnification), 11 (Limitation of Liability), 12.4 (Refund or Payment upon Termination), 12.5 (Return of Your Data), 13 (Who You Are Contracting With, Notices, Governing Law and Jurisdiction) and 14 (General Provisions) shall survive any termination or expiration of this Agreement.

13. Who You are Contracting with, Notices, Governing Law and Jurisdiction

13.1. General. You are contracting with Media On Fire, LLC, , a New Jersey LLC. All notices should be addressed to Media On Fire, LLC, at sales@XibitIndia.com. In case of any lawsuit arising out of or in connection with this Agreement, courts in Edison, New Jersey, USA and the laws of State of New Jersey and United States federal law will govern

13.2. Agreement to Governing Law and Jurisdiction. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.

13.3. Waiver of Jury Trial. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.

14. General Provisions

14.1. Export Compliance. The Services, other technology We make available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You are solely responsible for compliance related to the manner in which you choose to use the Services, including the processing of Your content, Guest access and their contribution using the Services.

14.2. Anti-Corruption. You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Our employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Our Legal Department.

14.3. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship between the parties.

14.4. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.

14.5. Waiver. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.

14.6. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

14.7. Attorney Fees. You shall pay on demand all of Our reasonable attorney fees and other costs incurred by Us to collect any fees or charges due Us under this Agreement following Your breach of Section 6.2 (Invoicing and Payment).

14.8. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Order Forms), without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of this Agreement upon written notice to the assigning party. In the event of such a termination, We shall refund to You any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

14.9. Entire Agreement. This Agreement, including all exhibits and addenda hereto and all Order Forms, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto or any Order Form, the terms of such exhibit, addendum or Order Form shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in Your purchase order or other order documentation (excluding Order Forms) shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.

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