Welcome to the Data Mashups Service from Applibase, Inc. Please read
and accept the following
terms of
service.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE The Data Mashups
service, owned and operated by Applibase, Inc. ("Applibase"), is
provided to you ("Member") under the terms and conditions of this Data
Mashups Terms of Service (TOS) and any operating rules or policies that
may be published by Applibase. The TOS comprises the entire agreement
between Member and Data Mashups and supersedes all prior agreements
between
the parties regarding the subject matter contained herein. BY
COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
2. DESCRIPTION OF SERVICE Data Mashups provides Member with a set of
services
that include online tools to build web portals and applications and
make them available to customers and staff of your company or small
business.
Additional tools and service features are being added over time.
Some of these services will be free of charge, others may cost money or
have other requirements. The requirements or fees for any service or
option will be clearly explained and separately agreed to when Member
implements those options, if any. Member must: (1) provide all
equipment necessary for Member and Member's users to use the service,
including computers and network connections; (2) provide for own access
to the
World Wide Web and pay any service fees associated with such
access.
3. MODIFICATIONS TO TERMS OF SERVICE Applibase may change the terms and
conditions of the TOS from time to time. Upon major changes in the
terms and conditions of the TOS, Applibase will notify you by posting
the changes as a start-up screen prior to your subsequent use of the
Service. If you agree to be bound by the changes, you must again click
the "I Accept" button that will follow the posted changes. If you do
not click the "I Accept" button, you may terminate your use of the
Service at that time. Minor changes in the terms and conditions of the
TOS will be posted to the Data Mashups blog at http://datamashups.com.
Member's continued use of the Service constitutes an affirmative: (1)
acknowledgment by Member of the TOS and TOS modifications; and (2)
agreement by Member to abide and be bound by the TOS and TOS
modifications.
4. MODIFICATIONS TO SERVICE Applibase reserves the right to modify or
discontinue the Service with or without notice to Member. Applibase
shall not be liable to Member or any third party should Applibase
exercise TOS right to modify or discontinue the Service.
5. PRIVACY POLICY All information entered into Data Mashups by Member
is
private to Member except to the extent that he or she opts to share
that information with other Data Mashups members and/or the public,
through Data Mashups or otherwise.
It is Applibase's policy to respect the privacy of Members. Therefore,
Applibase will not disclose to any third party Member's name or contact
information. Applibase will also not monitor, edit, or disclose the
contents of a Member's information unless required to do so by law or
in the good faith belief that such action is necessary to: (1) conform
to the edicts of the law or comply with legal process served on
Applibase; (2) protect and defend the rights or property of Applibase;
or (3) act under exigent circumstances to protect the personal safety
of TOS members or the public; (4) fix or debug problems with the Server
software/service.
Member acknowledges and agrees that Applibase cannot guarantee data
entered into Data Mashups, including private data, personal email
addresses, and other information will not become more widely available
than the Member specifies. Applibase cannot prevent other users
who have access to this information from passing it on to users not
explicitly authorized to see this information. Applibase cannot
guarantee that there will never be defects in Applibase software or
service that could result in such information getting
compromised. Member agrees to take appropriate precautions to
avoid adding any information that would cause harm to Member
or others if the information is compromised.
6a. CONTENT OWNERSHIP Unless stated otherwise for specific services,
Member will retain copyright ownership and all related rights for
information he or she publishes through Data Mashups or otherwise
enters
into Data Mashups-related services.
6b. CONTENT RESPONSIBILITY Member acknowledges and agrees that
Applibase neither endorses the contents of any Member communications
nor assumes responsibility for any threatening, libelous, obscene,
harassing or offensive material contained therein, any infringement of
third party intellectual property rights arising therefrom or any crime
facilitated thereby.
6c. MEMBER CONDUCT You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not Applibase, are
entirely responsible for all Content that you upload, post or otherwise
transmit via the Service. Applibase does not control the Content posted
via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable.
You agree to not use the Service to: (a) upload, post or otherwise
transmit any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable; (b) harm minors in any way; (c) impersonate any person
or entity, including, but not limited to, a Applibase official, forum
leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity; (d) upload, post or otherwise
transmit any Content that you do not have a right to transmit under any
law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements); (e) upload, post or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party; (f) 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; (g) interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected
to the Service; (h) intentionally or unintentionally violate any
applicable local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having
the force of law; (i) "stalk" or otherwise harass another; (j) collect
or store personal data about other users; (k) promote or provide
instructional information about illegal activities, promote physical
harm or injury against any group or individual, or promote any act of
cruelty to animals. This may include, but is not limited to, providing
instructions on how to assemble bombs, grenades and other weapons, and
creating "Crush" sites;
6d. CONTENT SUBMITTED TO Data Mashups
Applibase does not claim ownership of the Content you place on your
Data Mashups Site. Applibase may quote or reproduce small portions of
your
content (if you have made it public) in order to promote the Data
Mashups
site and/or the Data Mashups service, but only on a fair-use-type basis.
You acknowledge that Applibase does not pre-screen Content, but that
Applibase and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or remove any Content
that is available via the Service. Without limiting the foregoing,
Applibase and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree that you
must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or
usefulness of such Content.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY Once you become a member of
the Service, you shall receive a password and an account. You are
entirely responsible if you do not maintain the confidentiality of your
password and account. Furthermore, you are entirely responsible for any
and all activities which occur under your account. You may set up a new
account and close an old one at your convenience, by sending a message
to datamashups@applibase.com.
Member agrees to immediately notify Applibase of any unauthorized use
of Member's account or any other breach of security known to Member.
8. DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY AGREES THAT USE OF THE
SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS.
APPLIBASE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
APPLIBASE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
APPLIBASE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER
FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY APPLIBASE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY
GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
10. NO RESALE OF THE SERVICE Member agrees not to resell the Data
Mashups Service,
without the express consent of Applibase. (Note: Setting up Data
Mashups driven portals and applications for your clients and charging
for your services
is allowed.)
11. STORAGE AND OTHER LIMITATIONS Applibase assumes no responsibility
for the deletion or failure to store information entered into Data
Mashups.
Applibase will set fixed upper limits on server and bandwidth resources
used by a Member, including the amount of storage spaced
used, the server and data processing resources used, and data upload
and download volumes. Applibase reserves the right to impose limits and
restrict use of the service to ensure usage does not exceed any of the
limits set by Applibase. Applibase reserves the right to change
these limites with or without notice.
Applibase retains the right, at Applibase's sole
discretion, to determine whether or not Member's usage and conduct is
consistent
with the letter and spirit of the TOS and may terminate Service if a
Member's conduct is found to be inconsistent with the TOS.
12. MEMBER CONDUCT Member is solely responsible for the contents of his
or her databases and files and transmissions through the Service.
Member's use of the Service
is subject to all applicable local, state, national and international
laws and regulations.
Member agrees: (1) to comply with US law regarding the transmission of
technical data exported from the United States through the Service; (2)
not to use the Service for illegal purposes; (3) not to interfere or
disrupt networks connected to the Service; and (4) to comply with all
regulations, policies and procedures of networks connected to the
Service.
The Service makes use of the Internet to send and receive certain
messages; therefore, Member's conduct is subject to Internet
regulations, policies and procedures. Member will not use the Service
for chain letters, junk mail, spamming or any use of distribution lists
to any person who has not given specific permission to be included in
such a process.
Member agrees not to transmit through the Service any unlawful,
harassing, libelous, abusive, threatening, or harmful material of any
kind or nature. Member further agrees not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local, state,
national or international law or regulation. Attempts to gain
unauthorized access to other computer systems are prohibited.
Member shall not interfere with another Member's use and enjoyment of
the Service or another entity's use and enjoyment of similar services.
Applibase may, at its sole discretion, immediately terminate Service
should Member's conduct fail to conform with these terms and conditions
of the TOS.
13. INDEMNIFICATION Member agrees to indemnify and hold Applibase,
parents, subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Member's use of the Service,
the violation of this TOS by Member, or the infringement by Member, or
other user of the Service using Member's computer, of any intellectual
property or other right of any person or entity.
14. TERMINATION Either Member or Applibase may terminate the Service
with or without cause at any time and effective immediately. You agree
that Applibase, in its sole discretion, may terminate your password,
Data Mashups Site, use of the Service or use of any other Applibase
service,
and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if Applibase believes
that you have violated or acted inconsistently with the letter or
spirit of the TOS. Applibase may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that Applibase may immediately
deactivate or delete your Data Mashups Site and all related information
and
files in your Data Mashups Site and/or bar any further access to such
files
or the Service. Further, you agree that Applibase shall not be liable
to you or any third-party for any termination of your access to the
Service.
Should Member object to any terms and conditions of the TOS or any
subsequent modifications thereto or become dissatisfied with the
Service in any way, Member's only recourse is to immediately
discontinue use of the Service.
Upon termination of the Service, Member's right to use the Service and
Software immediately ceases. Member shall have no right and Applibase
will have no obligation thereafter to make available Member files or
data to Member or any third party.
15. ADVERTISEMENTS AND PROMOTIONS Applibase may run advertisements and
promotions on Data Mashups Sites. By creating your Data Mashups Site,
you agree
that Applibase has the right to run such advertisements and promotions.
You also agree that you will not attempt to block or otherwise
interfere with advertisements displayed on your Data Mashups site via
JavaScript or any other means. Doing so is grounds for immediate
termination of service. The manner, mode and extent of advertising by
Applibase on your Data Mashups Site is subject to change. Your
correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that
Applibase shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
16. NOTICE All notices to a party shall be in writing and shall be made
either via email or conventional mail. Applibase may broadcast notices
or messages through the Service to inform Member of changes to the TOS,
the Service, or other matters of importance; such broadcasts shall
constitute notice to Member.
17. PARTICIPATION IN PROMOTIONS OF ADVERTISERS Member may enter into
correspondence with or participate in promotions of the Advertisers
showing their products on the Service. Any such correspondence or
promotions, including the delivery of and the payment for goods and
services, and any other terms, conditions, warranties or
representations associated with such correspondence or promotions, are
solely between the corresponding Member and the Advertiser. Applibase
assumes no liability, obligation or responsibility for any part of any
such correspondence or promotion.
18. PROPRIETARY RIGHTS TO CONTENT Member acknowledges that content,
including but not limited to text, software, music, sound, photographs,
video, graphics or other material contained in either sponsor
advertisements or email-distributed, commercially produced information
presented to Member by the Service ("Content") by Applibase or
Applibase's Advertisers, is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws; therefore,
Member is only permitted to use this Content as expressly authorized by
the Service or the Advertiser. Member may not copy, reproduce,
distribute, or create derivative works from this Content without
expressly being authorized to do so by the Service or the Advertiser.
19. LAWS The TOS shall be governed by and construed in accordance with
the laws of the state of California, excluding TOS conflict of law
provisions.
Member and Applibase agree to submit to the exclusive jurisdiction of
the courts of the state of California. If any provision(s) of the TOS
is held by a court of competent jurisdiction to be contrary to law,
then such provision(s) shall be construed, as nearly as possible, to
reflect the intentions of the parties with the other provisions
remaining in full force and effect.
Applibase's failure to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by Applibase in writing.
Member and Applibase agree that any cause of action arising out of or
related to this Service must commence within one (1) year after the
cause of action arose; otherwise, such cause of action is permanently
barred. The section titles in the TOS are solely used for the
convenience of the parties and have no legal or contractual
significance.
Terms of Service