Last updated: June 1 2011
LIMITATIONS OF SERVICES
You acknowledge that Sematext may establish limits concerning use of the Services, including the maximum number of days that content will be retained by the Services, the maximum number and size of log files or other content that may be transmitted or stored by the Services, the frequency with which you may access the Services and the locations where the Service is available. You agree that Sematext has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Services. You acknowledge that Sematext reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Sematext shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
ACCESS TO SERVICES
You are responsible for obtaining access to the World Wide Web through devices that access web-based content. You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
SEMATEXT PROPRIETARY RIGHTS
All trademarks, service marks, logos, trade names and any other proprietary designations of Sematext used herein are trademarks or registered trademarks of Sematext. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
- You expressly understand and agree that Sematext shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sematext has been advised of the possibility of such damages), resulting from your use of the API.
- Abuse or excessively frequent requests to Sematext via the API may result in the temporary or permanent suspension of your account’s access to the API. Sematext, in its sole discretion, will determine abuse or excessive usage of the API. Sematext will make a reasonable attempt via email to warn the account owner prior to suspension.
- Sematext reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
USER CONTENT RIGHTS
Notwithstanding the foregoing, You may also disclose to us certain User Content, including without limitation feedback and comments, via Sematext’s community communication tools, such as wikis and bulletin boards (“User Proposals”). By submitting User Proposals to Sematext, You hereby grant to Sematext a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, adapt, modify, sublicense, transmit, distribute, display, sell, transfer, incorporate into Sematext’s products or services, create derivative works from, or otherwise exploit any such User Proposals.
You agree not to do any of the following in connection with using the Services:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, Sematext’s name, any Sematext trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Sematext’ express written consent;
- Access, tamper with, or use non-public areas of the Site, Sematext’s computer systems, or the technical delivery systems of Sematext’s providers; Attempt to probe, scan, or test the vulnerability of any Sematext system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Sematext or any of Sematext’ providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through the API, software and/or search agents provided by Sematext or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Google Chrome or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Sematext trademark, logo URL or product name without Sematext’s express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express prior permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- “Stalk” or otherwise harass anyone;
- Collect personal data about other users for commercial or unlawful purposes;
- Post non-local or otherwise irrelevant content, repeatedly post the same or similar content;
INTERACTIONS WITH OTHER USERS
You are solely responsible for your interactions with other users. You understand that Sematext does not in any way screen its users, nor does Sematext inquire into their backgrounds. Sematext makes no representations or warranties as to the conduct of users. In no event shall Sematext be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the Services or persons you meet through the Services. You agree to take reasonable precautions in all interactions with other users of the Services, particularly if you decide to meet offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to other users.
THIRD PARTY SITES / LINKS
The Site and Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Sematext, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Sematext shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Services, or between users and any third party, you understand and agree that Sematext is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Sematext, 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 our service. If you are a California resident, you waive California Civil Code Section 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.”
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SEMATEXT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SEMATEXT SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SEMATEXT DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SEMATEXT SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SEMATEXT SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SEMATEXT DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SEMATEXT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SEMATEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS ON THE SEMATEXT SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS ON THE SEMATEXT SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
INTEGRATION AND SEVERABILITY
ASSIGNMENT OF TERMS
HEADINGS FOR CONVENIENCE ONLY
Headings are for convenience only and have no legal or contractual effect.