Terms & Conditions
2. RESTRICTIONS ON USE OF CONTENT AND MATERIALS
The Site, including any underlying software, platforms, algorithms, technology and/or other proprietary materials (“Materials”) are the property of DataRails and/or its respective partners and affiliates which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and ant other proprietary rights.
Without limiting any of the foregoing, you may not copy reproduce, republish, upload, post, transmit, or otherwise distribute, the Materials or any part thereof. You may download, where specifically permitted, one copy of the Materials on any single computer for your own personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Modification of the Materials or use of the Materials for any other purpose, including without limitations the use of Materials on any other web site or networked computer environment is strictly prohibited, and be deemed a violation of DataRails’s copyright and other proprietary (including intellectual property) rights.
You acknowledge and agree that DataRails has the right, at any time and for any reason, to redesign or modify the organization, structure, specifications, “look and feel,” navigation, features and other elements of the Site or any part thereof.
3. SUBMITTED INFORMATION AND MATERIALS
3.1.You hereby undertake to meet and be responsible for the following in connection with any and all material and information (including reviews) provided by you or on your behalf (hereinafter “Submitted Information and Materials”):
a. Submitted Information and Materials must not contain information or materials which are inappropriate, inaccurate, misleading, fraudulent or otherwise illegal.
b. The Submitted Information and Materials must not contain, feature or promote any content, products, services, or other information that may be illegal to sell or promote under any applicable law, or that may be perceived as unlawful, inflammatory, offensive, or otherwise inconsistent with the spirit of DataRails and/or its affiliates’ services.
3.2.You shall be responsible and liable for Submitted Information and Materials, and defend, hold harmless and indemnify DataRails and its affiliates from and against any damages which may result from the submission, display and/or use of any such Submitted Information and Materials.
3.3. While DataRails shall not be liable for any and all parts of the Submitted Information and Materials DataRails shall be entitled to remove or edit any of the Submitted Information and Materials which DataRails believes to be inaccurate or inappropriate.
220.127.116.11. By submitting to the Site any Submitted Information and Material you hereby irrevocably transfer and assign to DataRails, any and all ownership and other rights, title, and interest, including, but not limited to, all intellectual property rights in and to the Submitted Information and Material.
3.5.DataRails shall be entitled at its sole discretion and without my knowledge or consent, to use, reproduce, reformat, publicly display, publicly perform, edit, translate, publish and distribute, directly or through third parties, any and all of the Submitted Information and or portions thereof (including any texts, content, images, technology, trademarks, or other brand features contained therein), for any purpose and in any medium, format and platform, including but not limited to for publication on and/or through any website and/or platform operated by DataRails and/or DataRails business partners and affiliates.
3.6. DataRails reserves the right at any time to categorize or re-categorize any Submitted Information and Materials, as determined solely by DataRails in its reasonable discretion. NOTHING IN THESE TERMS OBLIGATES DATARAILS TO USE YOUR SUBMITTED INFORMATION AND MATERIALS IN ANY WAY AT ALL.
4. OWNERSHIP OF PROPRIETARY RIGHTS
4.1. You acknowledge and agree that DataRails is the exclusive owner (including, without limitation, to any and all intellectual property or proprietary rights) of the Site, the Materials and any underlying technology and software that may be created in connection with the use of or registration to the Site.
5. OWNERSHIP OF PROPRIETARY RIGHTS
THE MATERIALS AND CONTENT IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DATARAILS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
DATARAILS DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER(S) THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DATARAILS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WHATSOEVER WILL DATARAILS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST DATA OR OTHER INTANGIBLE), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEB SITE, OR RELIANCE ON ANY OF THE MATERIALS OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY DATARAILS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
DATARAILS SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR DOWNLOADING MATERIAL, IMAGES, DATA, TEXT, VIDEO, OR AUDIO FILES, REGARDLESS OF THE CAUSE, WHICH YOU DO AT YOUR OWN RISK.
9. THIRD PARTY’S CONTENT
To the extent that the Site contains links to outside services and resources, DataRails does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.
Some of the content and materials available through the Site (e.g. forum posts)may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of DataRails.
10. NO ENDORSEMENT
No reference made in this Site to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of DataRails, constitute or imply an endorsement, recommendation or favoring by DataRails.
11. INTELLECTUAL PROPERTY INFRINGEMENT POLICY
DataRails is committed to protecting the rights of copyright right holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Notices related to intellectual property related violations on this Site should be addressed to [email protected]
DataRails will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, DataRails will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
12. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS
13. LIMITATION ON ACCESS TO DATARAILS SERVERS AND DATABASES
Notwithstanding anything to the contrary under these Terms, You may not systematically extract and/or re-utilize parts of the contents of this Site without DataRails’s express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Site, without DataRails’s express written consent. You also may not create and/or publish your own database (or any other platform) that features parts of this Site without DataRails’s express written consent.