TERMS
OF SERVICE
These
terms of service (“Terms”) apply to your access and use of Director (the
“Service”). Please read them carefully.
Accepting these Terms
If
you access or use the Service, it means you agree to be bound by all of the
terms below. So, before you use the Service, please read all of the terms. If
you don’t agree to all of the terms below, please do not use the Service. Also,
if a term does not make sense to you, please let us know by e-mailing service@datamesh.com.
Changes to these Terms
We
reserve the right to modify these Terms at any time. For instance, we may need
to change these Terms if we come out with a new feature or for some other reason.
Whenever
we make changes to these Terms, the changes are effective after we post
such revised Terms (indicated by revising the date at the top of these Terms)
or upon your acceptance if we provide a mechanism for your immediate acceptance
of the revised Terms (such as a click-through confirmation or acceptance
button). It is your responsibility to check Director for changes to
these Terms.
If
you continue to use the Service after the revised Terms go into effect, then
you have accepted the changes to these Terms.
Third-Party Services
From time to time, we may provide you with links to third party
websites or services that we do not own or control. Your use of the Service may
also include the use of applications that are developed or owned by a third party.
Your use of such third party applications, websites, and services is governed
by that party’s own terms of service or privacy policies. We encourage you to
read the terms and conditions and privacy policy of any third party
application, website or service that you visit or use.
Creating Accounts
When you create an account or use another service to log in to
the Service, you agree to maintain the security of your password and accept all
risks of unauthorized access to any data or other information you provide to
the Service.
If you discover or suspect any Service security breaches, please
let us know as soon as possible.
Your Content & Conduct
Our Service allows you and other users to post, link and
otherwise make available content. You are responsible for the content that you
make available to the Service, including its legality, reliability, and
appropriateness.
When you post, link or otherwise make available content to the
Service, you grant us the right and license to use, reproduce, modify, publicly
perform, publicly display and distribute your content on or through the
Service. We may format your content for display throughout the Service, but we
will not edit or revise the substance of your content itself.
Aside from our limited right to your content, you retain all of
your rights to the content you post, link and otherwise make available on or
through the Service.
You can remove the content that you posted by deleting it. Once
you delete your content, it will not appear on the Service, but copies of your
deleted content may remain in our system or backups for some period of time.
You may not post, link and otherwise make available on or
through the Service any of the following:
- Content
that is libelous, defamatory, bigoted, fraudulent or deceptive;
- Content
that is illegal or unlawful, that would otherwise create liability;
- Content
that may infringe or violate any patent, trademark, trade secret,
copyright, right of privacy, right of publicity or other intellectual or
other right of any party;
- Mass or
repeated promotions, political campaigning or commercial messages directed
at users who do not follow you (SPAM);
- Private
information of any third party (e.g., addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers); and
- Viruses,
corrupted data or other harmful, disruptive or destructive files or code.
Also, you agree that you will not do any of the following in
connection with the Service or other users:
- Use the
Service in any manner that could interfere with, disrupt, negatively
affect or inhibit other users from fully enjoying the Service or that
could damage, disable, overburden or impair the functioning of the
Service;
- Impersonate
or post on behalf of any person or entity or otherwise misrepresent your
affiliation with a person or entity;
- Collect
any personal information about other users, or intimidate, threaten, stalk
or otherwise harass other users of the Service;
- Create
an account or post any content if you are not over 13 years of age years
of age; and
- Circumvent
or attempt to circumvent any filtering, security measures, rate limits or
other features designed to protect the Service, users of the Service, or
third parties.
DataMesh Materials
We put a lot of effort into creating the Service including, the
logo and all designs, text, graphics, pictures, information and other content
(excluding your content). This property is owned by us or our licensors and it
is protected by U.S. and international copyright laws. We grant you the right
to use it.
However, unless we expressly state otherwise, your rights do not
include: (i) publicly performing or publicly displaying the Service; (ii)
modifying or otherwise making any derivative uses of the Service or any portion
thereof; (iii) using any data mining, robots or similar data gathering or
extraction methods; (iv) downloading (other than page caching) of any portion
of the Service or any information contained therein; (v) reverse engineering or
accessing the Service in order to build a competitive product or service; or
(vi) using the Service other than for its intended purposes. If you do any of
this stuff, we may terminate your use of the Service.
Hyperlinks and Third Party
Content
You may create a hyperlink to the Service. But, you may not use,
frame or utilize framing techniques to enclose any of our trademarks, logos or
other proprietary information without our express written consent.
DataMesh makes no claim or
representation regarding, and accepts no responsibility for third party
websites accessible by hyperlink from the Service or websites linking to the
Service. When you leave the Service, you should be aware that these Terms and
our policies no longer govern.
If there is any content on the Service from you and others, we
don’t review, verify or authenticate it, and it may include inaccuracies or
false information. We make no representations, warranties, or guarantees
relating to the quality, suitability, truth, accuracy or completeness of any
content contained in the Service. You acknowledge sole responsibility for and
assume all risk arising from your use of or reliance on any content.
Unavoidable Legal Stuff
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS
IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND.
WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED,
ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY
OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF
DEALING OR OTHERWISE.
IN NO EVENT WILL DataMesh BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE
SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH
DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF
LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO DataMesh.
THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS
AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and
against any and all costs, damages, liabilities, and expenses (including
attorneys’ fees, costs, penalties, interest and disbursements) we incur in
relation to, arising from, or for the purpose of avoiding, any claim or demand
from a third party relating to your use of the Service or the use of the
Service by any person using your account, including any claim that your use of
the Service violates any applicable law or regulation, or the rights of any
third party, and/or your violation of these Terms.
Copyright Complaints
We take intellectual property rights seriously. In accordance
with the Digital Millennium Copyright Act (“DMCA”) and other
applicable law, we have adopted a policy of terminating, in appropriate
circumstances and, at our sole discretion, access to the service for users who
are deemed to be repeat infringers.
Governing Law
The validity of these Terms and the rights, obligations, and
relations of the parties under these Terms will be construed and determined
under and in accordance with the laws of the State of
Washington, without regard to conflicts of law
principles.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute
with the Service or relating to your use of it, resides in the courts of
the State of Washington
and you further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of
Washington located in Redmond,
Washington connection with any such dispute including
any claim involving Service. You further agree that you and Service will not
commence against the other a class action, class arbitration or other
representative action or proceeding.
Termination
If you breach any of these Terms, we have the right to suspend
or disable your access to or use of the Service.
Entire Agreement
These Terms constitute the entire agreement between you
and DataMesh regarding
the use of the Service, superseding any prior agreements between you and DataMesh relating
to your use of the Service.
Feedback
Please let us know what you think of the Service, these Terms
and, in general, Director. When
you provide us with any feedback, comments or suggestions about the Service,
these Terms and, in general, Director,
you irrevocably assign to us all of your right, title and interest in and to
your feedback, comments and suggestions.
Questions & Contact
Information
Questions or comments about the Service may be directed to us at
the email address service@datamesh.com
PRIVACY
POLICY
Our privacy policy applies to information we collect when you
use or access our website, application, or just interact with us. We may change
this privacy policy from time to time. Whenever we make changes to this privacy
policy, the changes are effective 7 days after
we post the revised privacy policy (as indicated by revising the date at the
top of our privacy policy). We encourage you to review our privacy policy
whenever you access our services to stay informed about our information
practices and the ways you can help protect your privacy.
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example,
we collect information when you participate in any interactive features of our
services, fill out a form, request customer support, provide any contact or
identifying information or otherwise communicate with us. The types of
information we may collect include your name, email address, postal address,
credit card information and other contact or identifying information you choose
to provide.
Information We Collect Automatically When You Use the Services
When you access or use our services, we automatically collect
information about you, including:
- Log
Information: We log information about your use of our
services, including the type of browser you use, access times, pages
viewed, your IP address and the page you visited before navigating to our
services.
- Device
Information: We collect information about the
computer you use to access our services, including the hardware model, and
operating system and version.
- Location
Information: We may collect information about the
location of your device each time you access or use one of our mobile
applications or otherwise consent to the collection of this information.
- Information
Collected by Cookies and Other Tracking Technologies: We
use various technologies to collect information, and this may include
sending cookies to your computer. Cookies are small data files stored on
your hard drive or in your device memory that helps us to improve our
services and your experience, see which areas and features of our services
are popular and count visits. We may also collect information using web
beacons (also known as “tracking pixels”). Web beacons are
electronic images that may be used in our services or emails and to track
count visits or understand usage and campaign effectiveness.
For more details about how we collect information, including
details about cookies and how to disable them, please see “Your
Information Choices” below.
Information We Collect From Other Sources
In order to provide you with access to the Service, or to
provide you with better service in general, we may combine information obtained
from other sources (for example, a third-party service whose application you
have authorized or used to sign in) and combine that with information we
collect through our services.
Use of Information
We use information about you for various purposes, including to:
- Provide,
maintain and improve our services;
- Provide
services you request, process transactions and to send you related
information;
- Send
you technical notices, updates, security alerts and support and
administrative messages;
- Respond
to your comments, questions and requests and provide customer service;
- Communicate
with you about news and information related to our service;
- Monitor
and analyze trends, usage and activities in connection with our services;
and
- Personalize
and improve our services.
By accessing and using our services, you consent to the
processing and transfer of your information in and to the United States and
other countries.
Sharing of Information
We may share personal information about you as follows:
- With
third party vendors and other service providers who need access to your
information to carry out work on our behalf.
- If we
believe disclosure is reasonably necessary to comply with any applicable
law, regulation, legal process or governmental request;
- To
enforce applicable user agreements or policies, including our Terms of
Service and to protect us, our users or the public from harm or
illegal activities;
- In
connection with any merger, sale of DataMesh assets, financing or
acquisition of all or a portion of our business to another company; and
- If we
notify you through our services (or in our privacy policy) that the
information you provide will be shared in a particular manner and you
provide such information.
We may also share aggregated or anonymized information that does
not directly identify you.
Third Party Analytics
We may allow third parties to provide analytics services. These
third parties may use cookies, web beacons and other technologies to collect
information about your use of the services and other websites, including your
IP address, web browser, pages viewed, time spent on pages, links clicked and
conversion information. This information may be used by us and third parties
to, among other things, analyze and track data, determine the popularity of
certain content and other websites and better understand your online activity.
Our privacy policy does not apply to, and we are not responsible for, third
party cookies, web beacons or other tracking technologies and we encourage you
to check the privacy policies of these third parties to learn more about their
privacy practices.
Security
We take reasonable measures to help protect personal information
from loss, theft, misuse and unauthorized access, disclosure, alteration and
destruction.
Your Information Choices
Cookies
Most web browsers are set to accept cookies by default. If you
prefer, you can usually choose to set your browser to remove or reject browser
cookies. Please note that if you choose to remove or reject cookies, this could
affect the availability and functionality of our services.
Promotional Communications
You may opt out of receiving any promotional emails from us by
following the instructions in those emails. If you opt out, we may still send
you non-promotional communications, such as those about your account or our
ongoing business relations.
Contact Us
If you have any questions about this privacy policy, please
contact us at: service@datamesh.com
