Terms and Conditions of Use
Last Updated: April 25, 2018
Datometry Inc., with a principal place of business at 118 2nd Street, Floor 6, San Francisco, California 94105) makes information, products, and services available on its websites (the “Sites”), subject to the following terms and conditions of use (“Terms”). Before using Datometry Sites, please read these Terms carefully. Throughout the Terms, “we”, “us” and “our” refer to Datometry, and “you” or “your” refer to you personally (i.e., the individual who reads and agrees to be bound by these Terms), and, if you access this Site on behalf of a corporation or other legal entity, you and such corporation or other legal entity on whose behalf you access the Site.
1. ACCEPTANCE OF TERMS
By using the Sites, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site. Datometry provides the information, products and services on the Sites to you, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of the Site constitutes your agreement with such Terms.
We reserve the right to change these Terms, in whole or in part, in our own discretion at any time. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Such modifications shall be effective immediately upon the linking of modified Terms to the Sites, and, if you possess an account through the Site for which you have provided an e-mail address (“Account”), by communicating the modifications to you by sending the modifications to the e-mail address that you have provided to us. You agree to comply with, and be bound by, any such modifications.
2. U.S.-BASED WEBSITE
The Site is controlled and operated by Datometry from the United States, and, except as expressly set forth herein, is not intended to subject Datometry to the laws or jurisdiction of any state, country or territory other than that of the United States.
Datometry does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations.
You are also subject to U.S. export controls and are responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. Datometry may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction Datometry chooses, at any time and in Datometry’s sole discretion.
By using the Site, you hereby certify that you are not (a) a citizen or permanent resident of any country on which the United States has embargoed goods, technology and/or services (e.g., Cuba, Iran, North Korea, Sudan, Syria, or Crimea), and (b) on any of the relevant U.S. Government Lists of prohibited or restricted persons, including but not limited to the Treasury Department’s List of Specially Designated Nationals, and the Commerce Department’s List of Denied Persons or Entity List, and that your use of Datometry products and services is in compliance with the applicable U.S. export control and economic sanctions laws and regulations.
For further information on the export controls and sanctions laws see, https://www.bis.doc.gov/index.htm and https://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx
3. SOFTWARE & CONTENT COPYRIGHT
3.1 . Software. Any software available to download through the Sites (“Software”) is the copyrighted work of Datometry. Your rights to access, download, and use any Software made available for download from the Site will be subject to your agreement to the terms and conditions of the software license agreement identified on the site and/or in the Software (each, a “License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you have agreed to the applicable License Agreement. Except to the extent expressly permitted in any applicable License Agreement, or expressly authorized under applicable law overriding any of the following restrictions, you agree that you will not sell, lease, lend, convey, transmit, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or attempt to derive source code from the Software. Any reproduction, redistribution or other use or exploitation of the Software not in accordance with the License Agreement and/or these Terms is expressly prohibited by law, and may result in civil and criminal penalties.
3.2. Content. Unless otherwise specifically noted, the information, content, data, text, graphics, images, videos, documents and other materials made available through the Sites (“Content”) are and shall remain the property of Datometry, its licensors and/or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with these Terms, solely for so long as you are permitted by Datometry to access and use the Sites, and provided that you keep intact all copyright and other proprietary notices, you may
(a) view any Content on any single computer solely for personal, informational, non-commercial purposes, and
(b) download and print the materials that Datometry specifically makes available for downloading (such as white papers, case studies, solution briefs, and product documentation) from the Sites solely for personal, informational, non-commercial purposes, provided that such Content may not be modified or altered in any way. Unless otherwise specifically permitted for any particular Content, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based on, the Sites or any Content, in whole or in part, without the express prior written authorization of Datometry.
3.3. Proprietary Rights. Elements of the Site are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Site may be copied or retransmitted unless expressly permitted in writing by Datometry. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Datometry’s or its suppliers’ trade names, trademarks or service marks without Datometry’s express prior written consent. “Datometry” and other Datometry logos, trademarks, service marks, and product and service names are the intellectual property of Datometry.
4. INFORMATION SUBMITTED THROUGH THE SITE
You represent and warrant that any information that you provide in connection with your use of the Sites is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is or becomes false, inaccurate, obsolete or incomplete, Datometry may terminate your use of the Site.
Unless otherwise specifically agreed to by you and Datometry, by uploading, e-mailing, posting, publishing or otherwise transmitting information, sample data, event types, tags, comments, suggestions, content or other materials to the Site or Datometry, you hereby acknowledge that such information is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to Datometry a perpetual, irrevocable, world-wide, non-exclusive, sub-licensable, fully paid-up and royalty-free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display (whether publicly or otherwise), modify, adapt, publish and transmit this information in any form, medium, or technology now known or later developed, and to grant to others rights to do any of the foregoing. In addition, you warrant that all so-called moral rights in the content have been waived. For each information, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this Section, and that such information, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations.
Datometry will not pre-screen or review information, but Datometry reserves the right to refuse or delete any information in its discretion. You acknowledge and agree that Datometry reserves the right (but has no obligation) to do one or more of the following in its discretion, without notice or attribution to you:
(a) monitor information as well as your access to the Site;
(b) alter, remove, or refuse to post or allow to be posted any information; and/or
(c) disclose any information, and the circumstances surrounding their transmission, to any third party in order to operate the Site, in order to protect Datometry, its suppliers or licensees and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
5. RULES OF CONDUCT
While using the Sites you will comply with all applicable laws, rules and regulations. In addition, Datometry expects users of the Site to respect the rights and dignity of others. Your use of the Sites is conditioned on your compliance with the rules of conduct set forth in this Section; any failure to comply may also result in termination of your access to the Sites.
You agree that you will not:
Post, transmit, or otherwise make available, through or in connection with the Site:
Anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior written consent of the owner of such right.
Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
Use the Site for any fraudulent or unlawful purpose.
Harvest or collect personally identifiable information about other users of the Site.
Impersonate any person or entity, including any representative of Datometry; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that Datometry endorses any statement you make.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Sites available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Sites (including by hacking or defacing any portion of the Sites).
Use the Sites to advertise or offer to sell or buy any goods or services without Datometry’s express prior written consent.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Sites (including any content, Software and other materials available through the Sites).
Modify, adapt, create derivative works of, translate, reverse engineer, decompile or disassemble any portion of the Sites (including any content, Software and other materials available through the Sites), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
Remove any copyright, trademark or other proprietary rights notice from the Sites or content, Software and other materials originating from the Sites.
Frame or mirror any part of the Sites without Datometry’s express prior written consent.
Create a database by systematically downloading and storing all or any Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without Datometry’s express prior, written consent.
You may find links to other websites on the Site. Those links will let you leave Datometry’s site. Datometry exercises no control whatsoever over such third-party websites and any contents or web-based resources found on those third-party sites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon or any updates or changes thereto. Datometry is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Datometry of any linked sites. Datometry shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith.
In the event that you have a dispute with one or more Site users, you release Datometry (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
To the fullest extent permitted by law, you shall indemnify, defend and hold harmless Datometry, its licensors/suppliers and their respective officers, directors, employees and agents from any and all claims (including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission), demands, damages, costs and liabilities, including reasonable attorneys’ fees, arising out of or in connection with: (1) any of your Contributions, including an assertion that the information, content, or other materials or services provided or made available by you or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or misappropriate any individual or entity’s trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under these Terms including the Rules of Conduct set forth in Section 7; (3) your unlawful and/or unauthorized use of, or activities in connection with this Site. The foregoing indemnities shall survive expiration or termination of these Terms.
Datometry may, in its sole discretion, at any time for any reason or no reason, terminate your access to this Site and any account(s) you may have in connection with this Site, including if Datometry believes that you have violated or acted inconsistently with the letter or spirit of these Terms or if it is required by applicable law, regulation, court or governing agency order. Our termination of any user’s access to the Site hereunder may be effected without notice and, on such termination, we may immediately deactivate or delete user’s account and/or bar any further access to such files, and your right to use the Site will immediately cease. Datometry shall not be liable to you or any third party for any termination of your access to the Site or account hereunder.
If you have any general question, comment or complaint regarding the Sites, please send an e-mail to email@example.com. Formal notices to Datometry under these Terms (including a report of any violation of the Terms by any user) shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to: Datometry Inc., Attention: Legal Department, 118 2nd Street, Floor 6, San Francisco, California 94105, with a copy to legal@Datometry.com.
Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Datometry’s discretion. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you would like to exercise your right to be forgotten, or have any questions or concerns related to your personal data, please send an email to DPO@datometry.com. Please use or include the email address you use when interacting with Datometry.