DataStax Website Terms of Use

EFFECTIVE: JANUARY 2, 2013

We, DataStax, Inc., own and operate the website at www.datastax.com (the “Website”).  These Terms of Use govern all access to and use of the Website and constitute a binding legal agreement. Please read carefully these Terms of Use and our Privacy Policy (at www.datastax.com/privacy). By accessing, browsing, and using the Website, you agree that you have read, understood, and agree to be bound by these Website Terms of Use.

Use of the Website

You may use the Website only for its intended purpose and solely in accordance with these Terms of Use. Subject to your compliance with these Terms of Use, you may view, download and print the materials we make available on this Website, solely for your own personal, non-commercial use, provided that none of the content is modified and any and all of DataStax’ legal legends are retained. You may not sublicense these rights. You may not “mirror” any content contained within this Website without our express prior written consent. Except as stated herein, none of the Website’s content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of DataStax or the appropriate copyright owner. We do not grant you any licenses, express or implied, to the intellectual property of DataStax or its licensors except as expressly stated in these Terms of Use.

Other products and services

These Website Terms of Use do not govern your use of any products or services that may be offered by DataStax from or in connection with the Website, or otherwise, which are subject to their own terms and conditions. For example, our End User General Terms, governing access to and use of the DataStax Enterprise software and related services, may be found at www.datastax.com/terms. The Website may also contain links to other Internet sites and third-party resources, and we may employ third party technologies in connection with our Website that require you to accept such third party’s terms. DataStax is not responsible for either the availability of these outside resources or their content, including for any services you may obtain by contacting any person as a result of use of the Website or the features hereof. DataStax may, but is not obligated to, monitor your use of the Website.

Your Content

Any material, information or ideas that you transmit to or post to or through this Website by any means (“Your Content”) will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by DataStax for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with the DataStax Privacy Policy.

You acknowledge and agree that you are solely responsible for Your Content.  You represent and warrant that: (1) you either are the sole and exclusive owner of all Your Content that you make available through the Website or you have all rights, licenses, consents and releases that are necessary to grant to DataStax the rights to use Your Content as contemplated; and (2) neither Your Content nor your posting, uploading, publication, submission or transmittal of Your Content or our use of Your Content (or any portion thereof) on, through or by means of the Website will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to post, upload, publish, submit or transmit any content that: (1) 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; (2) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (3) is fraudulent, false, misleading or deceptive; (4) is defamatory, obscene, pornographic, vulgar or offensive; (5) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (6) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (7) promotes illegal or harmful activities or substances.

Indemnity

You agree to defend, indemnify, and hold DataStax, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Your Content or your violation of these Terms of Use.

Disclaimer

THE WEBSITE AND ANY CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, DATASTAX EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DATASTAX MAKES NO WARRANTY THAT THE WEBSITE ITS CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  DATASTAX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE WEBSITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DATASTAX OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE.  YOU UNDERSTAND THAT DATASTAX DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE WEBSITE, NOR DOES DATASTAX MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE.  DATASTAX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE.

Limitation of liability

IN NO EVENT SHALL DATASTAX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE, EVEN IF DATASTAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DATASTAX’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO DATASTAX FOR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Modification

We may modify these Website Terms of Use or our Privacy Policy at any time without notice to you by updating and posting a new version on the Website and revising the “effective” date at the top of the page. Your continued use of this Website following such changes constitutes your acceptance of the revised terms.

Termination

We reserve the right to discontinue all or part of the Website, limit or revoke your access to and use of the Website, or to remove Your Content at any time, with or without cause.

Applicable law

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.  The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Export control

This Website is controlled and operated by DataStax from within the United States. DataStax makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws. You agree to comply fully with all U.S. and foreign export laws and regulations and to ensure that you do not use or export or re-export directly or indirectly the Website or any content accessible through it in violation of, or for any purposes prohibited by, such laws and regulations.  You represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

General

This agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the agreement by its express terms. The invalidity or unenforceability of any provision of this agreement shall not affect the validity of this agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this agreement. The section headings used herein are for convenience only and shall not be given any legal import.

Contacting DataStax

For questions, comments or concerns regarding these Terms of Use, please contact us using the information at www.datastax.com/contact-us.