- 1. Acceptance of Terms
- By using the website at www.datafiniti.co or any portion of the site (the “Site”) or any related services provided by Datafiniti, LLC. (including but not limited to APIs, embeds, and other off-site functionality) (the “Services”), you are agreeing to these Terms of Service. You also may be subject to additional guidelines, rules, policies or other terms of service posted on portions of the site. The Site and Services are only available to legal entities who are capable of entering contracts and individuals who are either 18 years old or possess legal parental or guardian consent. Datafiniti may, in its sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions. We will notify you by making the revised version available on this web page, and an updated revision date will indicate that changes have been made.
- 2. Use of Data
- “Datafiniti Data” is defined as data, information and content made available through the Site or Services.
- 3. Prohibited Uses
- By using the Site or Services, you agree not to:
- Resell, redistribute or sublicensing Datafiniti Data without any significant modifications or without any separate agreement with Datafiniti.
- Take any action that interferes or may interfere, based on our sole discretion, with operations of the Site or Services
- Placing an unreasonable load on Datafiniti infrastructure
- Circumventing security features used to prevent or restrict access to or use the Site or Services
- Creating user accounts by automated means
- Impersonating any person or entity
- Using the Site or Services for any illegal purpose
- Deciphere, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service
- 4. Registration
- As a condition to using certain aspects of the Service, you will be required to register with Datafiniti and select a password and screen name (“Datafiniti User ID”). You shall provide Datafiniti with accurate, complete, and updated registration information. You shall not (i) select or use as a Datafiniti User ID a name of another person with the intent to impersonate that person; (ii) use as a Datafiniti User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Datafiniti User ID a name that is otherwise offensive, vulgar or obscene. Datafiniti reserves the right to refuse registration of, or cancel a Datafiniti User ID in its sole discretion. Datafiniti shall be responsible for maintaining the confidentiality of your Datafiniti password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Datafiniti in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.
- 5. Fees and Payment
- Datafiniti reserves the right to require payment of fees for certain features of the Service. Should Datafiniti elect to charge for a feature and you elect to subscribe to such feature or to continue to subscribe to such feature after being notified of the charges, you shall pay all applicable fees. If you choose to cancel your subscription, you are not entitled to any refund for prior charges. Datafiniti reserves the right to change its price list and to institute new charges at any time, which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
- 6. Termination
- Upon any expiration or termination of this Agreement, except as expressly otherwise provided in this Agreement, (a) all rights, licenses, consents and authorizations granted by either you or Datafiniti to the other hereunder will immediately terminate; (b) you shall immediately delete all Datafiniti Data from your systems and certify as to the same to reasonable satisfaction of Datafiniti.
- 7. API Usage
- API enables you to programmatically access portions of the Services enabling the development of applications. As noted above, any use of the API constitutes use of the Services and any use of the API is governed by these Datafiniti Terms of Service.
Datafiniti may at its sole discretion restrict and limit access to API calls. You agree to abide by these limitations. You agree not to use methods (such as using multiple IP addresses) to get around these limitations. You also agree to make reasonable good faith efforts to ensure that others’ uses of any tools or software you create that use the Datafiniti API do not result in any of the prohibited uses under these Terms of Service. Datafiniti, in its sole discretion, may at any time change the specifications of or restrict or limit access to the APIs. Datafiniti may suspend or throttle Services until we believe the number of API calls will not exceed capacity limitations. You will not take steps to circumvent any technical measures Datafiniti may put in place to implement throttling or suspension.
Your license to Datafiniti APIs under these Terms of Service continues until terminated by you or Datafiniti. You may terminate the license by discontinuing use of the APIs. We may terminate the license to the APIs without liability at any time for any reason, with or without notice. Additionally, your rights to use the APIs will terminate immediately if you violate any of the terms and conditions herein. Upon expiration or termination of the license granted herein, you will discontinue any and all use of the Datafiniti APIs.
- 8. Service Modifications and Availability
- Datafiniti reserves the right, at its sole discretion, to modify or discontinue the Site or Services, at any time, for any or no reason, and without notice or liability. We also schedule system downtime from time to time, and unplanned system outages may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or Services or for any loss of Datafiniti Data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site or Services.
- 9. Proprietary Rights and Trademark
- The Website. The visual interfaces, graphics, design, compilation, code, products, services, and all other proprietary elements of the Site and Services provided by Datafiniti (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except as otherwise designated here and on the Site or Services, all Materials contained on the Site or Services are the property of Datafiniti or its subsidiaries or affiliated companies and/or third-party licensors. Except as expressly authorized by Datafiniti, you agree not to sell, sell access to, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the proprietary elements of the Site and Services
Datafininti Marks. All trademarks, service marks, and trade names are proprietary to Datafiniti or its affiliates and/or third-party licensors. Except as expressly authorized by Datafiniti, you may not use or display any mark, name, trade name, or logo appearing on the site without the owner’s prior consent or other legal authorization.
- 10. Disclaimers
- Datafiniti is not responsible for the accuracy or reliability of any materials or Datafiniti Data accessed via the Site or Services, whether caused by Users or by any of the equipment or programming associated with or utilized in Site or Services. We are not responsible for the conduct, whether online or offline, of any User of Site or Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with Site or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of Site or Services or from any Content posted on the Site or transmitted to Users, or any interactions between Users of Site or Services, whether online or offline. Site or Services are provided As-Is and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Services will meet your requirements; (b) the Services will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
- 11. Limitations of Liability
- In no event shall we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Site or Services, even if we have been advised of the possibility of such damages. You understand and agree that the download and use of any material through this site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or use of any material. Datafiniti neither assumes, nor does it authorize any person or entity to assume on its behalf, any other liability in connection with the provision of the Site or Services. The limitations of liability provided in these Terms of Service inure to the benefit of Datafiniti LLC., shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
- 12. Indemnity
- You agree to indemnify, defend and hold harmless Datafiniti, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of the Site or Services, including APIs, provided hereunder by Datafiniti, any violations by you of any applicable laws or regulations, and any breaches by you of these Terms of Service.
- 13. Waiver
- The failure of Datafiniti to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Datafiniti.
- 14. Relationship of Parties
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service, and these Terms of Service are solely between you and Datafiniti and are not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that Datafiniti is under no obligation to become involved. In the event that you have a dispute with one or more users or third parties, you hereby release Datafiniti, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.
- 15. Governing Law and Jurisdiction
- Datafiniti is run out of the US. This Agreement shall be governed by the laws of the State of Texas. If you use this Site outside the USA, you are responsible for following applicable local laws.
- 16. Entire Agreement
- This is the entire agreement between you and Datafiniti relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Datafiniti as set forth in section 1 above.