|Data360 Terms of Service
I. ACCEPTANCE OF TERMS Your use of Data360 (the “Service”) constitutes your agreement to be bound by the following terms and conditions (the “Terms of Service”), whether you are a "Visitor" (you simply look through the Data360 Website) or you are a "User" (you are registered with Data360.org). You may only use the Data360 Service if you agree to abide by all applicable federal, state, or local laws and to these Terms of Service.
If you are accepting these Terms of Service on behalf of another entity, including but not limited to your employer, you acknowledge and warrant that you have the full legal right and authority to bind such entity to these Terms of Service. If you do not agree to these Terms of Service, or if you do not have the legal authority to enter into this agreement, then you are not authorized to use the Data360 website or any of its Services. Membership is void where prohibited. Failure to comply with these Terms of Service may result in account revocation.
Data360 provides the following services to you, subject to these Terms of Service, which may be updated at any time without prior notice.
Data360 may revise these Terms of Service at any time by updating this posting. Your continued use of the Services of Data360 after any such changes constitutes your acceptance of the new Terms of Service. You can review the most current version of the TOS at: http://www.Data360.org/terms_of_service.aspx.
III. DESCRIPTION OF SERVICE
Data360 is a web-based service that currently allows Visitors to view and download data online and allows Users to input, update, view, report on, organize, share and download data online (herein referred to as the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service are subject to the Terms of Service stated here. The Service may be accessed through a web browser. Upon registration with Data360, each User is given the opportunity to post content (make material available) on the Data360 website. You will have the option to create either a public Data360 site, which is free of cost, or a private Data360 site, which has an associated cost. Information on public Data360 sites is made readily available to all Data360 Users and Visitors, including but not limited to, access to view, print, store, and copy, in part or in full, any and all information posted on a public Data360 website. Information on private sites is only available to Users explicitly granted permission to view the private site by the site administrator. You understand and agree that the Service is provided in its existing condition and that Data360 assumes no responsibility for the availability, deletion, or failure to store any information, communications or settings.
The Service may be altered or terminated at any time by Data360 for any reason, and without notice, without liability to you, any other User or Visitor of the Data360 Service or any third party.
IV. REGISTRATION OBLIGATIONS
When you register as a User with Data360, you are obligated to provide true, accurate, and complete registration information. During the registration process, you are asked to provide an email address and to create a password. You are also asked to provide your first and last names (required) and company name (optional). You are responsible for all activities that occur under your account (email address). You are responsible for keeping your password secure.
If you download or otherwise use data or content from any part of the Data360 site, whether you are a User or a Visitor, you must make proper attributions of the data or content downloaded through footnoting (citing) all data and content retrieved through our site. A footnote means a listing of www.Data360.org along with a listing of all sources related to that data or content.
If you operate a Data360 Organization, update an element within a Data360 Organization, submit comments, or otherwise post material or links to any part of Data360 (all such material herein referred to as “Content”), you are fully responsible for the content of, and any harm resulting from, that Content. Through making Content available, you maintain:
you will not post any Content that Data360, at its sole discretion, deems harmful, disruptive, threatening, vulgar, obscene, abusive, hateful, or otherwise objectionable;
you will not use any part of the Service in the administration or management of illegal activities;
you will not violate any applicable local, state, or federal law of the United States;
you will not invade the privacy of or violate any right, whether personal or proprietary, of any person or entity, or infringe upon the intellectual property rights or similar rights, including but not limited to the copyright or trademark, of any person or entity;
you will not 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);
you will not impersonate, falsely state, or otherwise misrepresent your affiliation with any person, organization, or entity;
you will provide accurate sources for all data that you make available;
all data that you make available will be reasonably factual;
the material that you make available does not contain software viruses or any other computer code, file or program that may interrupt, demolish or inhibit the functionality of any computer software or hardware;
you will not, in Data360’s exclusive judgment, use this site for spamming.
This means that you, the User, and not Data360, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Data360 does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, quality, or legality of such Content. You acknowledge that by using the Service, as a User or as a Visitor, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Data360 be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
Should Content be found or reported to be in violation of the following terms, it will be at Data360’s sole discretion as to what action should be taken.
If Data360 determines, in its sole and absolute discretion, that any User is in violation of the Terms of Service, Data360 retains the right to terminate such user's account and all of their roles, data and organizations at any time without prior notice.
International users agree to follow all of their local rules regarding online behavior and acceptable Content, including laws regarding transmission of data to and from the United States.
V. WEBSITE CONTENT
All Content posted to Data360 is the responsibility of the User. Data360 is not responsible for the monitoring or filtering of any Content. You acknowledge that Data360 does not pre-screen Content, but that Data360 shall have the right, but not the obligation, in their sole discretion, to remove or refuse to remove any Content that is available through the Service. Without limiting the foregoing, Data360 shall have the right, but not the obligation, to remove any content that violates the Terms of Service or is otherwise objectionable, or that infringes or is alleged to infringe upon intellectual property rights. You acknowledge and 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.
VI. LOGO DISPLAY
You may not edit, modify or remove the Data360 Logo or domain name that appears on any content.
VII. COPYRIGHT NOTICE
If you believe that any Content on this Website has been posted or copied in a way that constitutes copyright infringement, please send the following information to the Copyright Representative named below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you believe has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Webster Systems, LLC DBA Data360
1 Maritime Plaza, Suite 1400
San Francisco, CA 94111
By this notice, Data360 seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC Section 512c or elsewhere in the law of the United States or any state or territory within the United States.
VIII. LIMITATION ON STORAGE LIABILITY AND SPACE
You agree that Data360 is not responsible for or liable for the deletion or failure to store any content posted or maintained by the Service or through the use of the Service. You agree and acknowledge that Data360 has currently set no limit on the amount of storage space, staff or usage that you may occupy within Data360; however, we retain the right to create limits at any time with or without notice.
IX. ADVERTISEMENTS AND PROMOTIONS
You understand and agree that some or all of the public portion of the Service may at some time include advertisements and that these advertisements are necessary for Data360 to provide the Service. You understand that no advertisements will appear on private Data360 websites. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that Data360 has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Data360 on your Content and throughout the Service are subject to change at Data360’s discretion. 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 Data360 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.
You agree to indemnify and hold Data360 and its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability or claim, including reasonable attorneys' fees as they are incurred, made by any third party due to or arising out of your Content, use of the Service, or violation of the Terms of Service.
XII. MODIFICATIONS TO SERVICE
Data360 reserves the right to modify or terminate, temporarily or permanently, the Service (or any part of the Service), including without notice, at any time. You acknowledge and agree that Data360 may set limits as to the use of the Service and may modify these limits at any time. Your use of Data360 constitutes agreement that Data360 shall not be liable to you or to any third party for any change, suspension, or termination of the Service.
You acknowledge and agree that Data360, at its sole discretion, may terminate your account, and remove and dispose of any content within the Service, for any reason, at any time, including, but not limited to reasons of lack of use, publication of non-factual information, publication of information whose veracity is questionable, publication of information in an irrational manner, or violation of the Terms of Service. You agree that Data360 shall not be held liable to you or any third-party for any termination of your access to the Service. Data360 will not refund payment for paid accounts that are terminated.
The Service, or relevant third parties, may provide links from any part of Data360 to other web sites or resources. Because Data360 has no control over such other sites and resources, you acknowledge and agree that Data360 is not responsible for the availability of such external sites or resources, and that Data360 does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such other sites or resources. You further acknowledge and agree that Data360 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such other site or resource.
XV. PROPRIETARY RIGHTS
Data360 claims no ownership over any Content submitted, posted or displayed by you on or through the Service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights, as appropriate. By posting Content to a public Data360 site, you grant Data360 and all Users and Visitors of Data360 an irrevocable, perpetual, world-wide, royalty-free, and non-exclusive license (with the right to sub-license) to use, copy, reproduce, modify, adapt, display, reformat, excerpt (in whole or in part) and publish such Content, as long as such content is properly footnoted.
You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Data360 code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their expressed or implied licenses. Except as expressly authorized by Data360, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works, including subscriptions to private organizations, based on the Content or the Service, in whole or in part.
XVI. DISCLAIMER OF WARRANTIES
Data360 disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in Data360. Data360 disclaims any responsibility or liability for the deletion, failure to store, misdelivery, or untimely delivery of any information or material, whether caused by Users of Data360, or by any of the equipment or programming associated with the Data360 Services. Data360 disclaims any and all responsibility or liability for the content, accuracy, or opinions expressed in the links to other websites that may be posted on the Data360 website. Inclusion of any linked website on the Data360 Services does not imply approval or endorsement of the linked website by Data360. When you access these third-party sites, you do so at your own risk.
THE DATA360 SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE DATA360 SERVICES ARE PROVIDED "AS IS," AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. DATA360 AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESSED, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DATA360 AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE DATA360 SERVICES. DATA360 AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE DATA360 SERVICES. DATA360 AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DATA360 SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE DATA360 SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE DATA360 SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
XVII. GENERAL INFORMATION
The Terms of Service constitutes the entire agreement between you and Data360 and governs your use of the Service, superseding any prior agreements between you and Data360 (including, but not limited to, any prior versions of the Terms of Service) and any prior representations by Data360. The failure of Data360 to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
XVIII. LIMITATIONS ON LIABILITY
You acknowledge and agree that in no event shall Data360 be liable to you or any third party for any direct, indirect, consequential, incidental, special, exemplary or punitive damages, including but not limited to damages for lost profit, arising from the use of the Data360 Services, even if Data360 has been advised of the possibility of such damages. Such limitation of liability shall apply including but not limited to damages arising from inability to use Data360 Services (including damages incurred by third parties), from the interruption, suspension, or termination of Data360 Services, from the use (or misuse) and reliance on Data360 Services. This limitation shall also apply with respect to damages incurred by reason of any other services or goods received through any links included in the Data360 Services. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or loss of data. This limitation shall also apply, without limitation, to the performance or lack of performance of the Data360 Services, or any information or links that appear on or are related in any way to the Data360 Services.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Data360 or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
XIX. MISCELLANEOUS PROVISIONS
The Site is controlled and operated by Data360 from its offices within the State of California, United States of America. Use of Data360 constitutes your consent and submission to service of process under applicable United States or California law and to personal jurisdiction in a court of competent jurisdiction in the State of California for the purposes of any legal action or claim pertaining to these Terms of Service, or arising from the use of your User Account and/or any Data360 Site or Service.
Webster Systems, LLC DBA Data360
1 Maritime Plaza, Suite 1400
San Francisco, CA 94111