Terms of use

Terms Of Use and Statement of Rights and Responsibilities This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the MyExFiles Principles , and is our terms of service that governs our relationship with users and others who interact with MyExFiles, as well as MyExFiles brands, products and services, which we call the “MyExFiles Services” or “Services” . By using or accessing the MyExFiles Services, you agree to this Statement, as updated from time to time in accordance with Section 13 below. Because MyExFiles provides a wide range of Services , we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict. 1.Privacy Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use MyExFiles to share with others and how we collect and can use your content and information. 2.Sharing Your Content and Information You own all of the content and information you post on MyExFiles, and you can control how it is shared through your privacy and application settings . In addition: 1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings : you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with MyExFiles (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. 2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). 3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. 4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of MyExFiles, to access and use that information, and to associate it with you (i.e., your name and profile picture). 5. We always appreciate your feedback or other suggestions about MyExFiles, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them). 3.Safety We do our best to keep MyExFiles safe, but we cannot guarantee it. We need your help to keep MyExFiles safe, which includes the following commitments by you: 1. You will not post unauthorized commercial communications (such as spam) on MyExFiles. 2. You will not collect users' content or information, or otherwise access MyExFiles, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission. 3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on MyExFiles. 4. You will not upload viruses or other malicious code. 5. You will not solicit login information or access an account belonging to someone else. 6. You will not bully, intimidate, or harass any user. 7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. 8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions. 9. You will not use MyExFiles to do anything unlawful, misleading, malicious, or discriminatory. 10. You will not do anything that could disable, overburden, or impair the proper working or appearance of MyExFiles, such as a denial of service attack or interference with page rendering or other MyExFiles functionality. 11. You will not facilitate or encourage any violations of this Statement or our policies. 4.Registration and Account Security MyExFiles users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: 1. You will not provide any false personal information on MyExFiles, or create an account for anyone other than yourself without permission. 2. You will not create more than one personal account. 3. If we disable your account, you will not create another one without our permission. 4. You will not use your personal timeline primarily for your own commercial gain, and will use a MyExFiles Page for such purposes. 5. You will not use MyExFiles if you are under 18. 6. You will not use MyExFiles if you are a convicted sex offender. 7. You will keep your contact information accurate and up-to-date. 8. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account. 9. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission. 10. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name). 5.Protecting Other People's Rights We respect other people's rights, and expect you to do the same. 1. You will not post content or take any action on MyExFiles that infringes or violates someone else's rights or otherwise violates the law. 2. We can remove any content or information you post on MyExFiles if we believe that it violates this Statement or our policies. 3. We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page. 4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. 5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. 6. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission. 7. If you collect information from users, you will: obtain their consent, make it clear you (and not MyExFiles) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. 8. You will not post anyone's identification documents or sensitive financial information on MyExFiles. 9. You will not tag users or send email invitations to non-users without their consent. MyExFiles offers social reporting tools to enable users to provide feedback about tagging. 6.Mobile and Other Devices 1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. 2. In the event you change or deactivate your mobile telephone number, you will update your account information on MyExFiles within 48 hours to ensure that your messages are not sent to the person who acquires your old number. 3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on MyExFiles. 7.Payments If you make a payment on MyExFiles, you agree to our Payments Terms unless it is stated that other terms apply. Community Payments Terms Last updated: July 7, 2015 . If you are under the age of eighteen (18), you may use MyExFiles Payments only with the involvement of your parent or guardian. Make sure you review these Terms with your parent or guardian so that you both understand all of your rights and responsibilities. We have provided some section headers for your convenience, but you should carefully read through these Community Payments Terms (the "Terms") in order to understand your rights and responsibilities, as well as ours. When you use the MyExFiles Payments service to pay for things on MyExFiles, you agree that we may communicate with you electronically any important information regarding your purchases or your account. . .1. Making Purchases 1.Funding and spending. When you make a purchase using MyExFiles Payments, you agree to provide a valid funding instrument to load money into your electronic value balance. When you have successfully completed this funding transaction, we will then transfer that value to the developer offering the content you wish to purchase. 2.Pricing. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, all of which you are responsible for funding. 3.Extra terms. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction. 4.Subscriptions. If you purchase a subscription to an app or to a feature within an app, we will bill your funding instrument immediately, and then again at the beginning of each subscription period. The following terms apply for subscriptions purchased through MyExFiles Payments: 1. If a free trial period is offered and you do not cancel during the free trial period, you will be billed at the end of the free trial period and at the beginning of each subsequent subscription period. 2. You can cancel subscriptions at any time on your Account Settings page. 3. If you cancel a subscription you will still have access to the app or feature you subscribed to through the end of the subscription period. If an app or feature you subscribed to becomes unavailable during your subscription you will not be billed at the beginning of the next subscription period. 5.Sponsored posts. Posts you have Sponsored are subject to our Advertising Guidelines. 6.Actual sale. With the sole exception of Section 1.7, below, you may only use MyExFiles Payments to process a funding transaction for a legitimate, bona fide purchase of a product or service. Except as set forth below, you may not use MyExFiles Payments to fund a transaction or otherwise transfer electronic value not in conjunction with a purchase. 7.EU Right to Cancel. If you are in the EU, you consent to the performance of this contract for your purchase, and waive any Right to Cancel provided by the Consumer Rights Directive (2011/83/EU) or similar implementing regulations. 9.No Warranties. You acknowledge that the products or services you may purchase are sold by merchants, not by MyExFiles. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH MyExFiles. 2. Payment Methods 1.Funding instruments. We want to make MyExFiles Payments convenient, so we allow you to fund your transactions using a number of different sources, like credit cards and debit cards, MyExFiles Gift Cards, and other payment methods. 2.Authority. When you provide a funding instrument to us, you confirm that you are permitted to use that funding instrument. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the funding instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information. 3.Authorization. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your card at the time you load funds for your MyExFiles Payments transaction, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. 4.Failed funding. If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee. 5.Incompatibility. You may at some point encounter an app or feature that does not support the payment method you would prefer to use – for example, if an item or feature that you wish to purchase is priced in local currency, you won’t be able to use Credits as a payment method; however, you can select a different type of payment instrument (such as credit or debit card, or mobile operator billing). 6. Mobile billing. Mobile operator billing is another payment method we have made available for your convenience. If you use mobile billing as a funding instrument, you consent to the following applicable risks and other terms: 1. By choosing the mobile billing payment method, you agree that we and your mobile operator may exchange information about you in order to facilitate completion or reversal of payments, resolution of disputes, provision of customer support, or other billing-related activity. 2. You are responsible for any charges, fees, changes to your mobile plan service or billing, alterations to your mobile device, or any other consequence that may arise out of your use of mobile billing. 3. If you use mobile billing, you are bound not only by these Terms, but also by the terms and conditions of your mobile operator. 4. If you have questions about any charges or fees that appear on your mobile phone bill, you may contact your mobile provider’s customer service division. 5. Sometimes, use of mobile billing in a funding transaction may lead to charges that, for various technical reasons beyond our control, cannot be refunded to you. In these cases, we have the right, but not the obligation, to issue you a courtesy credit to your electronic value Balance. 8.Boleto (Pre-paid). If you use boleto as a payment method, you consent to the following applicable risks and other terms: 1. Refunds. Due to technical limitations, we are able to provide refunds ONLY by making cash deposit into a bank account. If you make a purchase with boleto and later request a refund for any reason, you MUST have a bank account in order to receive the refund. Additionally, the name on the bank account receiving the refund deposit MUST match the name on the boleto used to make the payment. 2. Safety. We may delay or limit the availability of your purchase, for either safety reasons, or to make sure we possess all relevant information necessary to process the payment and deliver to you what you have paid for. 3. Information. You agree and consent that we will store your tax id (CNPJ/CPF). We may use your tax id to obtain additional information about you, necessary to process the payment, from the federal tax id registration database provided by the Brazilian government, via a third-party processor. We will also submit final tax documents to the Brazilian government as required. 3. Actions We May Take 1.At-will use. We may revoke your eligibility to use MyExFiles Payments at any time at our sole discretion. 2.Inquiries. By using MyExFiles Payments, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. 3.Our right to cancel. We may cancel any transaction if we believe the transaction violates these Terms or the Statement of Rights and Responsibilities, or if we believe doing so may prevent financial loss. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior. 4.Payment limitations. In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit funding instruments for a transaction, or limit your ability to make a purchase, or deactivate your account. 5.Sharing of information. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law. 6.Abandoned Property. If you leave a Balance unused for the period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if you delete your account and leave a Balance, or if we deactivate your account and you do not meet any conditions necessary to reinstate it within six (6) months, we may process your balance in accordance with our legal obligations, including by submitting funds associated with your Balance to the appropriate governing body as required by law. 4. Disputes and Reversals 1.Customer assistance. Subject to Sections 4.2, 4.3, 4.4, and 4.5 below, we provide various tools in our MyExFiles Payments Support Center to assist you in communicating with a third party to resolve a dispute arising from a payment transaction. 2.No liability for spend transaction. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for the goods or services underlying the transaction. Our only responsibility is to handle your funding transaction. All funding transactions are final unless required by law. If you order something that becomes unavailable before it can be provided to you, you may request a refund of your funded amount. 3.Duty to notify us. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction. 4.Intervention. We may intervene in disputes concerning payments that may arise between you and a developer, but we have no obligation to do so. 5.Technical difficulties. If you experience a technical failure or interruption of service that causes your funding transaction to fail, you may request that your transaction be completed at a later time. 5. Special Provisions Applicable to Advertisers 1.Agreement to pay. When you purchase advertising or promoted posts on or through MyExFiles, you agree to pay all amounts specified in the order, along with any applicable taxes. 2.Consent to credit check. Without limiting Section 3.2 above, your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter. 3.Security. You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account. 4.Direct debit. If you are making direct debit payments, you agree that we can charge you any amount that falls within the range you agreed to upon signup. We will notify you in advance if any charge will exceed the agreed-upon range. 5.Cancelation. You can cancel an advertising order at any time through our online portal, but your ads may run for several days after you notify us, and you are still responsible for paying for those ads. 6.Tax liability. The amounts charged to you by us, whether through your credit card or otherwise, may be subject to and include applicable taxes, including without limitation withholding taxes. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so. 7.Delinquent accounts. If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum. 8.Prepaid Account. You may have the option to purchase ads with a prepaid account. Amounts prepaid are non-refundable except where required by law. MyExFiles is not a bank and does not offer banking services; accordingly, prepaid amounts do not earn interest, are not deposit obligations, and are not insured by the Federal Deposit Insurance Corporation, the Financial Services Compensation Scheme, or any other entity or insurance scheme, whether governmental or private. 6. Notices and Amendments to These Terms 1.Notice to you. By using the MyExFiles Payments service, you agree that we may communicate with you electronically any important information regarding your purchases or your account. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent. 2.Notice to us. Except as otherwise stated, you must send notices to us relating to MyExFiles Payments and these Terms by postal mail to: MyExFiles, Attn: Legal Department, 928 Janvier CT, Middletown, DE., 19709. 3.Amendment guidelines. We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law. The Payments Terms in place at the time you confirm a transaction will govern that transaction. 7. Additional Terms 1.Conflict of terms. All of the commitments you make in the MyExFiles Statement of Rights and Responsibilities apply to your use of MyExFiles Payments. In the event of any conflict between these Terms and the MyExFiles Statement of Rights and Responsibilities, the Community Payments Terms shall prevail. 2.Conflict of laws. Some countries may restrict or prohibit your ability to make payments through MyExFiles. Nothing in these Terms should be read to override or circumvent any such foreign laws. 3.Courtesy translations. These Terms were written in English (US). To the extent any translated version of these terms conflicts with the English version, the English version controls. 4.“Us”. Without limiting Section 8.1, above, the following are the entities to which “us,” “we,” “our,” or “MyExFiles” refer: 1. If you are a resident of or have your principal place of business in the U.S. or Canada, these Payments Terms are between you and MyExFiles.Com. 8.Special Provisions Applicable to Developers/Operators of Applications and Websites If you are a developer or operator of a Platform application or website or if you use Social Plugins, you must comply with the MyExFiles Platform Policy . 9.About Advertisements and Other Commercial Content Served or Enhanced by MyExFiles Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following: 1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it. 2. We do not give your content or information to advertisers without your consent. 3. You understand that we may not always identify paid services and communications as such. 10.Special Provisions Applicable to Advertisers If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Self-Serve Ad Terms . In addition, your advertising or other commercial or sponsored activity or content placed on MyExFiles or our publisher network will comply with our Advertising Policies . 11.Special Provisions Applicable to Pages If you create or administer a Page on MyExFiles, or run a promotion or an offer from your Page, you agree to our Pages Terms . 12.Special Provisions Applicable to Software 1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software. 2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission. 13.Amendments 1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services. 2. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page. 3. Your continued use of the MyExFiles Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines. 14.Termination If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of MyExFiles to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 9.3, and 14-18. 15.Disputes 1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or MyExFiles exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. 2. If anyone brings a claim against us related to your actions, content or information on MyExFiles, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on MyExFiles and are not responsible for the content or information users transmit or share on MyExFiles. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on MyExFiles. We are not responsible for the conduct, whether online or offline, of any user of MyExFiles. 3. WE TRY TO KEEP MyExFiles UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MyExFiles AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MyExFiles WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT MyExFiles WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. MyExFiles IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MyExFiles, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MyExFiles WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MyExFiles'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 16.Special Provisions Applicable to Users Outside the United States We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with MyExFiles outside the United States: 1. You consent to having your personal data transferred to and processed in the United States. 2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on MyExFiles (such as advertising or payments) or operate a Platform application or website. You will not use MyExFiles if you are prohibited from receiving products, services, or software originating from the United States. 3. Certain specific terms that apply only for German users are available here . 17.Definitions 1. By "MyExFiles" or” MyExFiles Services” we mean the features and services we make available, including through (a) our website at www.MyExFiles.com and any other MyExFiles branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. MyExFiles reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR. 2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from MyExFiles or provide data to us. 3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with MyExFiles. 4. By "content" we mean anything you or other users post, provide or share using MyExFiles Services. 5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from MyExFiles or provide to MyExFiles through Platform. 6. By "post" we mean post on MyExFiles or otherwise make available by using MyExFiles. 7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. 8. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data. 9. By “Trademarks” we mean the list of trademarks provided here . 18.Other 1. If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and MyExFiles, Inc. Otherwise, this Statement is an agreement between you and MyExFiles. References to “us,” “we,” and “our” mean either MyExFiles, Inc. or MyExFiles Ireland Limited, as appropriate. 2. This Statement makes up the entire agreement between the parties regarding MyExFiles, and supersedes any prior agreements. 3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. 4. If we fail to enforce any of this Statement, it will not be considered a waiver. 5. Any amendment to or waiver of this Statement must be made in writing and signed by us. 6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. 7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. 8. Nothing in this Statement shall prevent us from complying with the law. 9. This Statement does not confer any third party beneficiary rights. 10. We reserve all rights not expressly granted to you. 11. You will comply with all applicable laws when using or accessing MyExFiles. By using or accessing MyExFiles Services, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time. MyExFiles © 2015 English (US)