Website Terms of Use

Date of Last Revision: March 15, 2019

Acceptance of Terms

This website (“Website”) is the property of Dataclay, LLC. (“Dataclay”). By accessing and using this Website and the information and content offered herein, you indicate your acceptance of these Terms of Use (“Terms”). These Terms are a legal agreement between you and Dataclay and govern your access and use of this Website either as a visitor or a registered user. Access to, posting of information and content to, and use of this Website are subject to your compliance with these Terms, so please read them carefully before using this Website. Dataclay reserves the right to limit or terminate your access to this Website or terminate or suspend your registration for failure to comply with the terms and policies posted on this Website, including these Terms, or for any reason at any time. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE OR POST INFORMATION OR CONTENT ON THIS WEBSITE IN ANY MANNER.

Modifications to these Terms

Dataclay reserves the right to change these Terms from time to time in our sole discretion and without notice to you. Such changes are effective immediately upon the earliest of (a) our posting the updated Terms on this Website as indicated by the “Date of Last Revision” date at the top of these Terms, or (b) your continued use of this Website after we post the updated Terms on this Website. We may add additional services or make changes to existing services on this Website. In the event that we make such changes, these Terms will apply to the new services and to any changes to existing services. Accordingly, you should visit the Website and review these Terms periodically to determine if any changes have been made. Each use by you will constitute and be deemed your unconditional acceptance of these Terms.

Intended Audience

This Website is intended for adults only. This Website is not intended for any children under the age of 13.

Privacy

Your visit to this Website is also governed by our Website Privacy Policy at this link, which pertains only to your use of and web browsing of this Website and does not reflect Dataclay’s privacy policy related to your use of Dataclay products and services. Dataclay’s privacy policy related to your use of Dataclay products and services is as set forth in or linked to the applicable Dataclay products and services.

Ownership

All content included on this Website is and will continue to be the property of Dataclay or our content suppliers and is protected under applicable copyright, patent, trademark, and other intellectual property and proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.

User Information

To use certain parts of this Website, you may be asked to provide information about yourself, such as your first name, e-mail address, password, city, state, country zip code, or postal code. You agree to provide accurate and complete information about you as may be prompted by a registration form on this Website. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Dataclay immediately of any unauthorized use of your account or password, or any other breach of security that you become aware of. You may be held liable for losses incurred by Dataclay or any other user of or visitor to this Website due to the use of your Dataclay ID, password, or account by another person.

You may be held liable for losses incurred by Dataclay or any other user of or visitor to this Website due to the use of your Dataclay ID, password, or account by another person.

Access to and use of password-protected and/or secure areas of this Website is restricted to authorized users only. You may not use anyone else’s Dataclay ID, password, or account at any time without the express permission and consent of the holder of that Dataclay ID, password, or account. Dataclay cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. You accept all risks of unauthorized access to information and registration data.

Website Use

Dataclay grants you a limited, revocable, non-exclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at the discretion of Dataclay and Dataclay may terminate your use of this Website at any time.

Prohibited Uses

While using this Website, you may NOT do the following:

  • Restrict or inhibit any other user from using and enjoying this Website;

  • Post or transmit any unlawful, fraudulent, libelous, defamatory, racist, sexist, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind;

  • Post or transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or foreign law, including without limitation U.S. export control laws and regulations;

  • Use the “Dataclay” name, domain names, trademarks, logos, or insignia in your user or screen name, or in any other manner, that would imply that you work with or are affiliated with Dataclay;

  • Pretend that you are, or that you represent, someone else or impersonate any other person or entity;

  • Invade the privacy or violate any personal or proprietary right of any person or entity;

  • Post or transmit any advertisements, solicitations, chain letters, pyramid or Ponzi schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by Dataclay), or engage in spamming, phishing, or denial of service attacks;

  • Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through this Website for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);

  • Use this Website to generate traffic for other sites (except as otherwise expressly permitted by Dataclay);

  • Infringe the intellectual property rights or similar rights, including but not limited to copyrights, trademarks, and patents, of any person or entity;

  • Upload, post, publish, transmit, reproduce, or distribute in any way information, software, or other material obtained through this Website, which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;

  • Upload, post, publish, reproduce, transmit, or distribute in any way any component of this Website itself or derivative works with respect thereto without Dataclay’s prior written consent, as this Website is protected under U.S. and international copyright laws;

  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or Dataclay’s systems or networks, or any systems or networks connected to this Website or to Dataclay;

  • Forge headers (headings) or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Dataclay on or through this Website or any service offered on or through this Website;

  • Use any robot, spider, scraper, or other automated means to access this Website or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines; or

  • Post or transmit any information or software that contains a virus, Trojan horse, worm, adware, spyware, bot, or other harmful software or other component.

This list of prohibitions provides examples of prohibited conduct, and is not intended to be a complete or exclusive list of all prohibitions.

Links to Third-Party Sites

This Website may contain links to third-party sites. Access to any other Internet site linked to this Website is at your own risk and Dataclay is not responsible for the accuracy or reliability of any such information, data, or statements made on such third-party sites. Dataclay provides these links merely as a convenience and the inclusion of such links does not imply that Dataclay endorses, guarantees, or accepts any responsibility for the content, products or services on such third-party sites.

Compliance with Laws

You agree to comply with all applicable laws regarding your use of this Website. All information available on this Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You further agreed that information and content provided by you to Dataclay is truthful and accurate to the best of your knowledge.

Posting of User Feedback and Materials

Certain areas of this Website may allow you to post feedback and content, including your experiences, advice, recommendations, opinions, information, messages, or other material (“Your Feedback and Materials”). Please be aware that these areas may be public and not confidential. You may only post Your Feedback and Materials where you have permission to post. You may not post any content that violates these Terms or any third-party rights.

Dataclay does not claim ownership of any of Your Feedback and Materials that you may post. However, by posting Your Feedback and Materials on this Website, you agree that it may be used by Dataclay, our affiliates or any other user of this Website without compensation or attribution, and you grant Dataclay and our affiliates a perpetual, worldwide, irrevocable, royalty-free, non-exclusive, sublicenseable and transferable license under all your intellectual property rights in Your Feedback and Materials for any purpose including, without limitation, to use, copy, display, perform, distribute, adapt, create derivative works from, sublicense, and promote Your Feedback and Materials in any medium and any manner whatsoever, and to use and sublicense your name, likeness, biography, voice, video, and photograph (if applicable) to attribute your postings to you. Further, you agree that Dataclay may use in any manner and without limitation any of Your Feedback and Materials you provide relating to this Website, Dataclay products and services, and that Dataclay will own all intellectual property that Dataclay creates based upon or incorporating Your Feedback and Materials. You acknowledge that any of Your Feedback and Materials submitted to Dataclay or this Website constitutes “publication” of such inventions under applicable patent law.

Indemnification

You agree to indemnify, defend and hold Dataclay and our affiliates and our and their suppliers, partners, employees, consultants, contractors and agents, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of this Website. Dataclay reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim.

Disclaimer

THIS WEBSITE AND THE INFORMATION AND CONTENT ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR SOLE RISK. DATACLAY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THIS WEBSITE AND THE INFORMATION AND CONTENT ON THIS WEBSITE WILL BE TO DISCONTINUE ACCESSING AND USING THIS WEBSITE AND THE INFORMATION AND CONTENT ON THIS WEBSITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL DATACLAY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THIS WEBSITE AND THE INFORMATION AND CONTENT ON THIS WEBSITE, OR YOUR WEBSITE ACCESS OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR ITS INFORMATION AND CONTENT IS TO CEASE ALL OF YOUR WEBSITE ACCESS AND USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.

Use of Information

Dataclay reserves the right, and you authorize Dataclay, to use and assign all information and content regarding Website access and use by you and all information and content provided by you in any manner consistent with our Privacy Policy.

Copyrights and Copyright Agent

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Website;

(d) Your address, telephone number, and e-mail address;

(e) 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; and

(f) 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.

Our Copyright Agent for Notice of claims of copyright infringement on the Website is Arie Stavchansky, who can be reached as follows:

By Mail: 4131 Spicewood Springs Road, Suite C4, Austin, TX 78750

By Phone: 1-888-328-4336

By E-mail: legal@dataclay.com

Miscellaneous

Applicable Law; Venue. Any dispute or claim (“Dispute) relating in any way to these Terms and/or this Website will be construed in accordance with and governed by applicable U.S. federal laws and the laws of the State of Texas, without regard to principles of conflict of laws. Each of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods is hereby expressly excluded and will not apply to these Terms.

Any legal suit, action or proceeding arising out of or relating to these Terms or any Dispute will be commenced in the appropriate state or federal court in Austin, Texas, and you and Dataclay irrevocably consent to the exclusive jurisdiction of such courts and venue in Austin, Texas for any such proceeding, and we each waive any right to a jury trial. Notwithstanding the foregoing, we both agree that you or Dataclay may bring suit in any court having jurisdiction to enjoin infringement or other misuse of intellectual property rights.

Dataclay reserves the right to seek any and all remedies available by law and in equity for your violations of these Terms. If Dataclay takes any legal action against you as a result of your violation of these Terms, Dataclay will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any injunctive or equitable relief granted to Dataclay.

If you are a consumer and you live in a country (other than the U.S.) where Dataclay markets or promotes this Website, local law may require that certain consumer protection laws and procedures of your country of residence apply to some sections of these Terms, including this Applicable Law; Venue section.

Severability. If any provision of these Terms is adjudged by any court or other tribunal of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Amendment/Waiver. No alteration, amendment, waiver, cancellation or any other change in any term or condition of these Terms will be valid or binding on Dataclay unless agreed to in writing and signed by an authorized representative of Dataclay. The failure of Dataclay to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The express waiver by Dataclay of any term or condition of these Terms will not constitute a waiver of any future obligation to comply with such term or condition.

Termination. Dataclay may terminate these Terms at any time, with or without notice, for any reason. You agree that Dataclay will not be liable to you or to any third party for termination of your access to this Website.

Relationship of the Parties. Dataclay and you are independent contractors, and nothing in these Terms are intended to create, or will be construed as creating, any employment, partnership, joint venture or comparable relationship.

No Assignment. You may not assign or otherwise transfer these Terms or any right granted hereunder (whether by merger, operation of law or otherwise), in whole or in part, including without limitation any obligations or rights under these Terms without the prior written consent of Dataclay. Your change of control will be deemed an assignment for purposes of this Section. Any assignment or transfer by you not made in accordance with this Section will be void. Dataclay may assign and transfer these Terms at any time to any subsidiary, or any affiliated company, or to a third party as part of the sale to, merger with, or other assignment and transfer of all or substantially all of Dataclay or the business to which these Terms pertain. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

English Language. These Terms are in the English language only, which language will be controlling in all respects. No translation, if any, of these Terms into any other language for convenience or to meet local requirements will be of any force or effect in the interpretation of these Terms or in determination of the interests of either party hereto. Furthermore, all correspondence, notices, claims, suits and other communication between the parties hereto will be written or conducted in English.

Entire Agreement. These Terms including the Website Privacy Policy constitute the entire agreement between you and Dataclay and governs the terms and conditions of your use of this Website and the information and content offered herein, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Dataclay with respect to this Website and the information and content offered herein. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Website and the information and content offered herein, and when you purchase or use Dataclay products or services or third party products or services. The headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.

Trademarks. Dataclay™, Templater™, Templater Rig™, Templater Pro™, Templater Bot™, and Dataclay’s other trade names and marks (both words and design) either are trademarks, service marks, or registered trademarks of Dataclay, LLC or our licensors, and may not be copied, imitated or used, in whole or in part without our prior express written consent or that of our licensors. In addition, all page headers, custom graphics, design and user interface elements, and scripts are service marks, trademarks, and/or trade dress of Dataclay, LLC and may not be copied, imitated, or used, in whole or in part without our prior written permission, which consent may be withheld in our sole discretion. All other marks or logos not owned by us are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Dataclay.

© 2019 Dataclay, LLC and/or its affiliates. All rights reserved.