Terms of Use

Effective Date: August 1, 2019

These Terms of Use (“Terms”) apply to the use of our website (“Website”); social media properties (“Social Media”); or blog, RSS feed, and HTML-formatted email messages that link to this Privacy Notice, (“Newsfeed”), and any Content (defined below) available on or through our Website, Social Media, or Newsfeed (collectively, the “Platform).” In this document, “user” or “you” means an individual who accesses, visits or uses our Platform.

Use of the Platform is governed by these Terms, Privacy Notice and the Disclaimer collectively (“Legal Terms”).

1.     Consent

If you do not agree to our Legal Terms, please do not access or use the Platform.

If you are accessing or using the service on behalf, or for the benefit of, any entity with which you are employed or similarly associated, you are agreeing to these Terms on behalf of yourself and such entity, and you represent and warrant that you have the legal authority to bind such entity to these Legal Terms. References to “you” and “your” will refer to both the individual using the Platform and any such entity.

2.     Updates

We may modify these Terms from time to time. We will notify you of material changes to these Terms by posting the amended terms on the Platform before the effective date of the changes, in accordance with applicable law. If you do not agree with the proposed changes, you should discontinue use of the Platform. If you continue using the Platform after the new Terms take effect, you will be bound by these new Terms.

3.     Definitions

Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Platform, and any communications between us and a user through the Platform.

Marks” means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon used or displayed on the Platform.

4.     Personal Information; Privacy

Our Privacy Notice [HYPERLINK] describes how we collect information about users. It is part of, and is governed by these Terms and our Legal Terms. By agreeing to our Legal Terms, you agree that we may use information collected from you through our Platform in accordance with its terms.

You represent and warrant that all information you provide in connection with your use of the Platform is and will remain true, accurate and complete, and you will maintain and update such information regularly as needed.

If you choose to make any information publicly available on, through or in connection with the Platform, you do so at your own risk.

5.     Submissions; Guidelines

Some parts of the Platform may allow users to provide comments (“Submission(s)”). You are responsible for the content and consequences of any Submission you provide.

Guidelines

If you upload a Submission, we ask you to follow the following guidelines:

  • Be polite and courteous;
  • Stay on topic;
  • Keep the conversation relevant to the community;
  • Contribute to the dialogue;
  • Do not impersonate someone else, exiting or imaginary.
  • Do not post any material that is or may be threatening, harassing, degrading, obscene, objectionable, hateful, intimidating, defamatory, libelous, or fraudulent;
  • Do not post any material that is or may be protected by intellectual property right, right of publicity or privacy or any other similar right without the appropriate permissions.

Right to Post

When you upload a Submission, you represent and warrant that you own or have sufficient rights to post your Submission, you have all rights necessary to grant the licenses granted in this Section, that your Submissions is complete and accurate, is not fraudulent, tortious and does not violate any law or any right of any third party, including, without limitation, privacy rights, publicity rights, intellectual property rights or contract rights.

Intellectual Property Rights

We do not claim any ownership rights in a user’s Submissions. After posting such Submission, you continue to retain any rights you may have in such Submission, including any intellectual property rights, subject to the license you grant to us below.

No Confidentiality

Submissions are not treated as confidential. IF YOU CHOOSE TO PROVIDE ANY INFORMATION THROUGH THE PLATFORM, YOU DO SO AT YOUR OWN RISK.

License

For each Submission, you grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license, to reproduce, distribute, perform , publicly display, create derivative works of, adapt, modify, use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose, including promotional purposes, such as testimonials.

You irrevocably waive any “moral rights” or other rights if attribution of authorship or integrity of material regarding each Submission that you may have under any applicable law.

6.     Our Right to Manage the Platform

We have no obligation to provide any updates, correct errors, or continue to provide or enable any particular features or functionality. We will not be liable if, for any reason, any part of the Platform is unavailable for any length of time.

We reserve the right, but do not undertake the obligation to:

  • Monitor or review the Platform for non-compliance with our Legal Terms;
  • Screen users, or attempt to verify their identity;
  • Report to law enforcement authorities and/or take legal action against anyone who violates our Legal Terms;
  • Manage the Platform in a manner designed to protect our and third parties’ rights and property, or to facilitate the proper functioning of the Platform;
  • Terminate or block any user for violating our Legal Terms;
  • Refuse, restrict access to, remove, delete, edit or disable (to the extent technologically feasible) any comment made by a third party;
  • Withdraw or amend any part of the Platform without prior notice.

7.     Intellectual Property Rights

Except for your Submissions, and those of other users of our Platform, we own or have appropriate license to use and display the Platform and Marks. We own all right, title and interest, including all intellectual property or proprietary rights in the Platform and Marks. These rights are protected by United States and foreign laws and through international conventions. We reserve all rights not expressly granted in and to the Platform and Marks.

8.     License

Subject to your compliance with our Legal Terms, we grant each user a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Platform only for your personal use and not for any commercial purpose, subject to the “Prohibited Uses” section below. We do not grant any license to use our Marks, except as incidental to your use of the Platform. If you download or print a copy of any Content posted or available from the Platform, you must retain all trademark, copyright and other proprietary notices contained in and on such Content.

9.     Prohibited Uses of the Platform

Each user must comply with all applicable laws, rules and regulations and respect the rights and dignity of others, and is strictly prohibited from the following:

  • Use the Platform for any commercial, fraudulent, tortious or illegal purpose;
  • Interfere with, or disrupt the operation of the Platform;
  • Reproduce, distribute, modify, translate, adapt, create derivative works of, publicly display, publicly perform, republish, or transmit any part of the Platform or Platform except as expressly permitted by these Terms;
  • Remove, delete, alter, or obscure any intellectual property notices applied to the Platform;
  • License, publish, or make available access to any part of the Platform to any third party for any reason;
  • Harvest or collect information about other users;
  • Post or transmit any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that may be harmful or invasive or may damage or hijack the operation of any hardware, software or equipment;
  • Restrict or inhibit any other person from using the Platform;
  • Incorporate any portion of Platform into any product or service.
  • Use any robot, spider, site search/retrieval application or other device to retrieve, or gather content. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce our materials for the sole purpose of creating publicly-available, searchable indices of such materials, solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.

10.  Links to Third Party Platforms 

The Platform may provide links to third party websites; these links are provided only as a convenience. The inclusion of any link does not imply any endorsement. We are not responsible for the information, advertising, products, resources or other materials, of any linked site or any link contained in a linked site. Your use of any linked site is subject to the terms and conditions applicable to that site. Please direct any questions regarding linked sites to the webmaster of that third party site.

11.  Disclaimer of Warranties

The Platform is provided on an “as is” basis. We make no representations or warranties of any kind, express or implied, as to the operation or content of the Platform. We expressly disclaim all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

12.  Limitation of Damages

In no event shall we or any of our officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on our Platform or any third party website or the information, resources or material accessed through any such websites.

13.  Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU WITH RESPECT TO ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR OUR LEGAL TERMS, UNDER ANY THEORY OF LAW OR IN ANY OTHER WAY SHALL NOT EXCEED $10.

14.  Exceptions to Disclaimers and Liability Limitations

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN THE SUBSECTIONS IMMEDIATELY ABOVE MAY NOT APPLY TO YOU.

15.  Termination of License

If you violate any of our Legal Terms, your license to use the Platform will cease immediately and you will be required, in our discretion and at your cost, to return or destroy any copies of the Platform that you have made, and to reimburse us for all costs and expenses resulting from having to recreate any data lost due to your actions or omissions, and for any loss of income or opportunity caused by such violation.

16.  Governing Law

The federal laws of the United State (including federal arbitration law) and the laws of the State of California, without regard to principles of conflict of laws, will govern our Legal Terms and any claim or dispute that has arisen or may arise between you and DataMinding. 

17.  Users Located Out of the United States

Access to the Platform by certain persons or in certain countries may not be legal. If you access the Platform or from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18.  Entire Agreement

Our Legal Terms constitute the entire agreement between you and us regarding the use of the Platform and supersede any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.

19.  How to Contact Us

If you have any questions or comment about the Platform or our Legal Term, you may contact us by using the contact form, or writing to us as DataMinding, 555 Bryant Street, Suite 603, Palo Alto, CA 94301, USA.