PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
When we refer to you or your, we mean the person accessing the Site. If you are accessing the Site on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
We reserve the right to make changes to, update, add, and delete material from this Site and these Terms at any time for any reason without notice to you or any other person. We recommend that you periodically review this Site and these Terms for any changes as your continued use of the Site following any changes indicates your acceptance of such changes. If you do not accept these Terms, as they may be amended from time to time, you should exit the Site immediately and cease any further use of any materials you have obtained from the Site. If you are dissatisfied with this Site, your sole remedy is to discontinue using the Site and you understand that we may discontinue, change, or restrict your access and/or use of this Site for any reason without notice.
COPYRIGHT AND USAGE OF CONTENT
Our Site contains information, data, databases, software, source and object code, photographs, graphics, text, images, designs, layout, interface GUI, presentations, e-learning materials, marketing materials, brochures, typefaces, videos, clips, sounds and other material (collectively, “Content“) that are protected by copyrights, trademarks and other proprietary rights including intellectual property rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Such copyrights and other proprietary rights are owned by us. All rights are reserved to their respective copyright owners. All Content is copyrighted as a collective work under the United States copyright laws and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.
You are authorized to view, download and reproduce the materials at this Site only for your personal information and non-commercial use provided that you:
1) Retain all notices contained in the original materials and not remove, delete or disassociate from any and all of the Content any copyright, trademark or other proprietary notices restrictions and signs indicating proprietary rights of Datorama which are contained or accompanying in the Content (such as copyright mark [©] or trademark [™ or ®]);
2) Only use images or other visual content with surrounding text relating to the images; and,
3) Include the following copyright notice: “Copyright © 2016 Datorama Inc. All rights reserved.”
4) Represent and warrant that you will abide by all applicable laws in this respect and avoid from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Datorama Trademarks (as defined herein).
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content in whole or in part. All rights are reserved to their respective copyright owners. No further publication or commercial use may be made of the Content on this Site without our express written permission. You may not make any part of this Site available as part of another website whether by hyperlink framing on the internet or otherwise. This Site and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the Site or its content.
OTHER INTELLECTUAL PROPERTY RIGHTS
Please note that any product, process or technology described in the materials on this Site and all logos and other proprietary identifiers used by Datorama in connection with the Sites (“Datorama Trademarks“) are the subject of other intellectual property rights reserved by us and are not licensed hereunder. Trademarks service marks, trade names and logos of other parties which may appear on the Sites belong to their respective owners and identified wherever possible and we acknowledge their rights (“Third Party Marks“). No right, license, or interest to Datorama Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Datorama Trademarks or the Third Party Marks and therefore you will avoid using any of those Marks.
OTHER TERMS AND NOTICES MAY APPLY
Access to this Site and its content may not be legal in certain countries and we make no representation that the information in the Site is appropriate or available for use in other locations. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws of your jurisdiction, including, without limitation, laws concerning the transmission of data exported from the United States or the country in which you reside. We assume no responsibility or liability concerning such use.
CONDUCT ON THE SITES
Your use of the Sites is subject to all applicable laws and regulations and you are solely responsible for your behavior on the Sites and the contents of your communications through the Site. There are certain conducts which are strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein (as judged by us in our sole discretion), may result in the termination of your access to the Sites and may also expose you to civil and/or criminal liability.
(a) You agree not to post or store on the Site any Content that violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable (“Objectionable“).
(b) You agree not to use the Site in any way for spamming or to transmit chain letters, junk email or bulk communications. You agree not to transmit through the Site any material that is Objectionable. You agree not to use any of our domain names as a pseudonymous return email address for any communications that you transmit from another location or through another service; and you may not pretend to be someone else or spoof their identity when using our services. Furthermore, you agree not to transmit unsolicited or bulk communications to any of our account holder or to any affiliated email address (regardless of whether you use the Site to transmit any such communication).
(c) You agree not to use the Site for any unlawful activities or purpose not otherwise covered above, including (without limitation) attempting to compromise the security of any networked account or Site, operating an illegal lottery or gambling operation, stalking, or making direct threats of physical harm;
(d) You agree not to use the Site to upload, post or otherwise transmit any Content that you do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) You agree not to use the Site to upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access the Sites and retrieve, index and/or data-mine any information;
(f) You agree not to use the Site to disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
(g) You agree not to use the Site to intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; and,
(h) You agree not to interfere with or violate other Users’ rights to privacy and other rights, or use the Site to collect, harvest or store personal data about other users without their express consent, whether manually or automatically.
Without derogating from the above, you hereby agree to not, whether by yourself or anyone on your behalf:
- Infringe or violate any of the Terms;
- Use the Sites for non-personal or commercial purposes without Datorama’s express prior written consent;
- Interfere with or disrupt the operation of the Sites or the servers or networks that host the Sites, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
- Impersonate any person or entity or provide false information on the Sites, whether directly or indirectly;
- Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Datorama or any third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about the Sites;
- Transmit, distribute, display or otherwise make available through or in connection with the Sites any content, which may infringe third-party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content;
- Bypass any measures we may use to prevent or restrict access to the Sites;
- Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Sites in any way, unless permitted hereunder;
- Create a browser, frame, border environment or GUI around the Sites;
- Link, including in-line linking, to elements on the Sites, such as images, posters and videos, unless permitted hereunder.
TELEPHONE CONSUMER PROTECTION ACT, CAN SPAM, AND SIMILAR LAW
Your use of this Site establishes a business or other applicable relationship with us for purposes of the Telephone Consumer Protection Act or other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, this Site, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.
DATORAMA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE CONTENT AND MATERIALS AVAILABLE ON THE SITES, INCLUDING IN CONNECTION WITH ANY REGULATIONS IN YOUR STATE OF RESIDENCE, OR ANY OTHER APPLICABLE LAWS AND REGULATIONS.
THE SITES AND THE CONTENT, DATA, MATERIALS AND INFORMATION CONTAINED THEREIN IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOUR USE OF THE SITES IS EXCLUSIVELY AT YOUR OWN RISK, FOR YOUR INTERNAL INFORMATIONAL PURPOSES ONLY. WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, OF ACCURACY QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, TRUTHFULNESS, USEFULNESS, EFFECTIVENESS OR COMPLETENESS OF ANY CONTENT, INFORMATION, REPORTS, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU RELATED TO YOUR USE OF THE SITES OR OTHER WARRANTY OF ANY KIND CONCERNING THE SITES OR THE CONTENT AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITES IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
MISAPPROPRIATION OF PERSONAL INFORMATION.
For the purposes of any applicable law regarding notification of persons whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person, our information security policy provides that any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax, mail (including a notice printed in an available area of a bill or statement) or posting a notice on a Site. The specific means used is up to us and we will use our judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO THIS MEANS OF NOTIFICATION.
ACCURACY; AVAILABILITY, NO DUTY TO UPDATE.
The Content on this Site could contain technical inaccuracies or typographical errors, or other mistakes. Some or all of the Content may be out of date and we have no duty nor make any commitment to update or correct any information on this Site. The Sites’ availability and functionality depends on various factors, such as communication networks, software, hardware and Datorama service’s providers and contractors. We make no warranties that the Sites will operate at all times uninterrupted or error free or that defects will be corrected or that they will be immune from unauthorized access. We do not warrant that the Sites are or will be compatible with your computer equipment or that the Sites or their servers are free of errors, computer viruses, worms, “Trojan horses” or other harmful components and we are not liable for any damage you may suffer as a result of any such destructive features.
CHANGES TO THE SITES.
Datorama may change the Sites’ layout and design from time to time, and the availability of the Content and services included therein, without giving any prior notice on the Sites. You hereby agree and acknowledge that Datorama is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE AND UNDERSTAND THAT IN NO EVENT WILL WE, OR ANY PARENT, SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THE SITES OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA THEM OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, INABILITY TO ACCESS OR USE THE SITES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Sites; (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of any of the Sites (including your violation of any third party rights or any damages incurred to third parties arising out of any transaction made in reliance on the Content in the Sites); and (iv) any claims for bodily, death or other damages arising out of any transaction made in reliance on the Content in the Sites.
LINKS TO THIRD-PARTY WEBSITES
We may provide links to other websites maintained by us and our affiliated entities as well as links to unaffiliated third parties’ websites for your convenience and should not be deemed to imply that we endorse those sites or any content therein. We do not maintain these third-party websites and are not responsible for the availability, accuracy, or quality of the content on the third-party websites. We make no representations or warranties whatsoever about any other website which you may choose to access through this Site. You should review the terms and conditions related to the use of any third party websites before using them.
SUBMITTING INFORMATION TO US
Further, any information you give to us through any Site is subject to the following provisions.
(1) You represent and warrant to us and to all others that may access the Sites that you own, or possess sufficient rights in, all such information and all such parties may regard such information as public and, in any case, not your proprietary information; (2) You grant to us a non-exclusive, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, display, publicly perform, prepare derivative works from, transmit and distribute such information as we see fit; and (3) We are free to use any ideas, concepts or know-how contained in such information.
The site was created by and is controlled, operated and administered by Datorama Inc., a Delaware corporation, or its agents from offices within the United States of America utilizing servers located in the United States of America. We make no representation that materials at this Site are appropriate or available for transmission to or from, or use in, locations outside of the jurisdiction(s) stated above and accessing any Site from any jurisdiction where such Site’s contents are illegal is prohibited. You may not use the Site or export the materials in violation of import or export laws and regulations. If you access a Site from a location outside of the United States, you are responsible for compliance with all local laws.
CHOICE OF LAW, JURISDICTION, AND VENUE
LIMITATION OF ACTIONS
You must commence any suit or other action in connection with your use of any of the Sites within one year after events giving rise to the claim or cause of action occur.
VIOLATIONS AND ADDITIONAL POLICIES
We reserve the right to seek all remedies available at law and in equity for violations of the Terms, including the right to block access from a particular Internet address to the Sites.
- These Terms do not, and shall not, be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto;
- Datorama may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Sites to a third party without your consent or prior notice to you;
- Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without Datorama’s prior explicit and written consent;
- No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof;
- These Terms constitutes the entire terms and conditions between you and Datorama relating to the subject matter herein and supersedes any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between us, including, without limitation, those made by or between any of our respective representatives, with respect to Datorama’s products and the Sites. You agree that no parol evidence shall be admitted in any judicial proceeding to establish any terms inconsistent with these Terms. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Datorama in entering into these Terms.
For information, questions or notification of errors, please contact:
Phone: + 1. 646.448.8248