Terms of Use
These Terms of Use and any terms referenced herein form the legal agreement between you and Dataminr, Inc. (“Dataminr”), that governs your use and access to dataminr.com (the “Site”). Please read these Terms of Use carefully. By accessing any page of the Dataminr website, you agree, without limitation, to be bound by these Terms of Use and all other terms incorporated by reference.
We reserve the right, in our sole and absolute discretion, at any time, for any reason whatsoever, with or without notice, to terminate, suspend or modify the site or this agreement. Such modifications to be effective upon posting by Dataminr on the Site.
Authorized Use of Site.
The Site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Site requires the prior written consent of Dataminr.
Unauthorized Usage of Site.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other visitor’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, or access to, the Site to any third party without our prior written consent.
Security of the Site.
You shall not violate or attempt to violate the security of the Site, including without limitation, (a) accessing data not intended for visitors or logging into a server (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, (c) attempting to interfere with the availability of the Site to any representative, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Site. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in identifying, investigating and/or prosecuting users who are involved in such violations.
Dataminr and Client Content.
The content, advertisements, information and other materials of Dataminr, any of Dataminr’s clients (collectively, “Clients”) and this Site, and of all other websites under Dataminr’s control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “Dataminr Content”) and the compilation (meaning the collection, arrangement and assembly) of all Dataminr Content, are protected under copyright, trademark and other laws. As between you and Dataminr, all Dataminr Content is Dataminr’s exclusive property. Unauthorized use of Dataminr Content may violate copyright, trademark, and other laws. By using the Site, you agree not to copy, distribute, modify or make derivative works of any Dataminr or Client Content without the prior written consent of the owner of such materials. Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under this Agreement are reserved by Dataminr.
Google Analytics.
We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. We use Google Analytics on the Site to collect this information anonymously. Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our Site. We then use the information to compile reports and to help us improve our site. Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page. It reports website trends without identifying individual visitors. You can see how Google Analytics uses data by clicking on this link.
No Ideas Accepted.
Dataminr does not accept any unsolicited ideas from outside Dataminr including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and Dataminr assumes no obligation, expressed or implied, by considering it. You further understand that Dataminr shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Dataminr. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Dataminr an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
Copyrights and Trademarks.
All materials included on the Site including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the intellectual property of Dataminr or its clients, unless otherwise noted or attributed. Dataminr and the Dataminr logo are trademarks and service marks of Dataminr. You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative works of any information from the Site in whole or in part without the prior written permission of Dataminr.
Limitation of Liability.
Dataminr, its clients, and their respective parent companies, subsidiaries, affiliates, directors, officers, investors, managers, employees, and agents (collectively, “Released Parties”) shall not be liable for any damages, special, consequential, or otherwise, arising out of, or in any way connected with your use of the Site. WHILE DATAMINR USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SITE, DATAMINR MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. DATAMINR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND DATAMINR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DATAMINR DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DATAMINR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DATAMINR SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL DATAMINR BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Indemnification.
You agree to indemnify, hold harmless and defend Dataminr, its Clients, parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, and their respective successors and assigns against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms of Use or applicable law.
Third Party Sites.
This Site may contain links to other third party websites not maintained by Dataminr. Other third party websites may also reference or link to our Site. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible and make no representations or warranties for the third party websites or any content that may be linked to through a third party hyperlink.
International Access.
Our Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Governing Law.
The laws of the State of New York shall govern these Terms of Use. Claims may not be resolved through any form of class action. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OR YOUR ACCESS OR USE OF THE SITE.
Changes.
All information posted on the Site is subject to change without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them on the Site. You should check the Site for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.
Severability.
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Waiver; Remedies.
The failure of Dataminr to partially or fully exercise any rights or the waiver of Dataminr of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Dataminr or be deemed a waiver by Dataminr of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Dataminr under these Terms of Use and any other applicable agreement between you and Dataminr shall be cumulative, and the exercise of any such right or remedy shall not limit Dataminr’s right to exercise any other right or remedy.
Comments, Complaints and Questions.
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Dataminr, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding these terms and conditions, please feel free to contact us.
Effective Date:
This Agreement is effective and was last updated April 6, 2017.