Terms of Service Agreement
PLEASE READ THE USER AGREEMENT (the “AGREEMENT” or the “Agreement”) BELOW AND INDICATE YOUR ACCEPTANCE BY CLICKING THE “I AGREE” BUTTON AT THE END OF THE AGREEMENT. BY USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE EXIT THIS SITE.
By completing the registration process, clicking the “I AGREE” button, and using the Services (GENIUS), you (“You”) are indicating that you are 18 years old or older, and agree to be bound by all of the terms in this Agreement. You may print and keep a copy of this Agreement. Datamattic, Inc. (“Datamattic”) may change the terms in this Agreement at any time. When the terms are changed, Datamattic will notify you by placing a notice at GENIUS.datamattic.com. The changes also will appear in this document, which you can access at any time by clicking on the “Terms of Service Agreement” link found on GENIUS.datamattic.com. If you do not agree to be bound by the changes, you should not use the web site again. If you use the web site after notification of a change in the Agreement, You are deemed to have accepted all of the changes and will be bound by all such changes, in addition to the terms which have not changed.
1. Description of Service. GENIUS (the “Web Site”) is a service offered by Datamattic. The Web Site provides information relating to the Marketing and Analytics services provided by Datamattic (the “Services”).
2. Intellectual Property Rights. All text, software (including source and object codes), visual, oral or other digital material, photographs, information, data, graphics and all other content of any description available on the Web Site, or included in the Services (collectively, the “Content”), and all copyrights, trade marks, service marks, patents, patent registration rights, trade secrets, know-how, database rights, and all other rights in or relating to the Content (collectively, the “Intellectual Property”) are owned by Datamattic or its licensors, and are protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the United States of America (“U.S.”).
3. Grant of License. As a User of the Services, Datamattic grants You a personal, nonexclusive, nontransferable, non-assignable, revocable, limited license to access and use the Services as specified in this Agreement.
1. The Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties.
2. You may only use the Content, Services, or Intellectual Property, or access the Web Site, as expressly permitted in this Agreement and for no other purposes.
3. Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring upon you any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, laws or treaties.
4. Furthermore, you may not use any of Datamattic’s trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to, or are associated with, you or are used with Datamattic’s consent, and you acknowledge that you have no ownership rights in and to any of these names and marks.
5. All present and future rights in, and title to, the Services (including the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to Datamattic for its exclusive use.
4. Limitations on Use. You may not use the Service or the Content for any illegal purpose or in any manner inconsistent with this Agreement.
5. User Conduct. You are solely responsible for your information and warrant that you have all legal rights and licenses necessary for you to comply with Section 3.
1. The Content on this Web Site is for personal, non-commercial use only and not for commercial exploitation.
2. No hard copy or electronic duplication, transmission, redistribution, or publication of any Content is allowed other than in conjunction with your personal, non-commercial use, and you may not use or include any Content in any other print or electronic publication or service.
3. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or the Content, nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.
4. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Web Site or the Content without Company’s prior written permission.
5. You may not copy, modify, reproduce, download, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site or the Content, except to the extent permitted in this Agreement.
6. You may not upload to the Web Site any data, material, code, virus, or any other digital information that is intended to, or has the effect of, rendering all or parts of the Web Site or the Content ineffective, unavailable, or unusable, or which uses, or attempts to use, the Web Site for any purpose not intended by the Company.
7. You may not use or otherwise export or re-export the Web Site or any portion thereof, or the Content or any software available on or through the Web Site, in violation of the export control laws and regulations of the United States of America or any other country in which you may be using the Web Site.
8. You shall not alter or remove any trademark, copyright or other notice from any copies of the Content.
9. You may not sublicense, assign or transfer this license.
10. Any unauthorized use of the Web Site, Service or Content is prohibited.
11. Your violation of any of the foregoing provisions may result in civil or criminal liability.
12. Requests regarding use of the Web Site, Service or Content for any purpose other than personal, non-commercial use should be directed to firstname.lastname@example.org.
6. Linking. Datamattic does not control the content of the web sites of third parties and is not responsible for any representations, advice or other assistance, or any errors or inaccuracies contained therein, that is shown on those web pages, or otherwise provided to Users or obtained from the third parties who own such web sites.
1. In connection with the Services and Content, You shall not use the Services to send messages which
2. You shall not use the Services to send e-mail messages, the subject lines of which are misleading in any way as to their nature, and shall ensure that the subject lines of all e-mail messages sent or proposed to be sent accurately reflect the content of such e-mail messages.
1. Infringe on the intellectual property rights or privacy/publicity rights of any third party;
2. Violate any law or regulation;
3. Are defamatory, harmful to minors, or obscene;
4. Contain any viruses or other computer programming routines or code that are intended to damage, detrimentally interfere with, surreptitiously intercept or appropriate any system, data, or personal information; or
5. Are materially false or misleading.
3. You shall notify Datamattic of all complaints regarding e-mail messages within 48 hours of receipt of such complaints.
7. Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. Datamattic is not responsible for, and assumes no liability for, any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by, nor does it reflect the belief of, Datamattic. User hereby irrevocably waives any claim against Datamattic in connection with any of the foregoing.
8. Restrictions on Linking and Framing Activities. Datamattic is concerned about the integrity of the Web Site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, Datamattic is concerned with activities such as linking to an internal or subsidiary page of the Web Site that is located one or several levels down from the Home Page (“deep linking” or “deep link”), or bringing up or presenting content of the Web Site within another Web site (“framing” or “frame”). In this regard, without limiting the provisions contained in this Agreement, You must make a specific request for, and secure permission from, Datamattic prior to deep linking to, or framing, this Web site or any of its content, or engaging in similar activities. If you would like to deep link to, or frame, this Web site, or any of its Content, You must request permission from Datamattic by writing to email@example.com.
9. Errors and Corrections. Datamattic does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected; however, it will make reasonable efforts to correct any such problems if notified by a User. Such notice, with as much detail as possible, should be sent to firstname.lastname@example.org. Datamattic does not warrant or represent that the Content will be correct, accurate, timely, or otherwise reliable. However, Datamattic will make reasonable efforts to correct errors or problems if notified in writing about the error or problem. Notice of such problems, with as much detail as possible, should be sent to email@example.com. Datamattic may make improvements or changes to its features, functionality or Content at any time.
10. DISCLAIMER. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS. DATAMATTIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY OR INTEGRATION AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR COURSE OF PERFORMANCE.
11. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL DATAMATTIC BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. DATAMATTIC DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, WEB SITE, CONTENT OR THIRD PARTY MATERIALS THEREIN INCLUDING, WITHOUT LIMITATION (A) ANY ERRORS IN, OR OMISSIONS FROM, THE WEB SITE AND THE CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES, TRANSLATIONS, AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEB SITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF; (D) YOUR USE OF, OR INABILITY TO USE, THE WEB SITE; (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE; OR (F) ANY COMPUTER VIRUSES, “WORMS,” OR “TROJAN HORSES,” ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE WHICH IS ATTACHED TO, OR MADE A PART OF, THE WEB SITE BY ANY PERSON, GROUP, OR ORGANIZATION. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, DATAMATTIC’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO FIFTY DOLLARS ($50).
12. Unlawful Activity. Datamattic reserves the right to investigate complaints or reported violations of the Agreement and to take any action Datamattic deems appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to User profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
13. Authorized Third Parties. Datamattic reserves the right to allow third parties to provide any necessary services to Datamattic and/or to Users to enable Datamattic to provide the Service.
14. Remedies for Violations. Datamattic reserves the right to seek any and all remedies available at law and in equity for violations of this Agreement including, but not limited to, the right to block access from a particular Internet address to the Web Site.
15. Governing Law and Jurisdiction. This Agreement will be governed by the laws of the State of Delaware, without regard to any provision of Delaware law that would require or permit the application of the substantive law of any other jurisdiction. Client agrees to submit to the exclusive jurisdiction of Delaware.
16. Access Outside the United States. Datamattic does not represent that the Content, Service or the Web Site are appropriate or available for use in countries outside the U.S. If you choose to access the Web Site from outside the U.S., You are responsible for compliance with foreign and local laws, if applicable.
19. Modifications to this Agreement. Datamattic reserves the right to change this Agreement at any time. Updated versions of the Agreement will appear on the Web Site and are effective immediately. You are responsible for regularly reviewing the Agreement. Continued use of the Web Site after any such changes constitutes Your consent to such changes.
20. Headings. The section titles in the Agreement are used solely for the convenience of you and Datamattic, and they have no legal or contractual significance.
21. Survival. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
YOU CONFIRM YOUR AGREEMENT TO VOLUNTARILY USE THE SERVICE AND ACCESS THE CONTENT SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BY CLICKING THE “I ACCEPT” BUTTON BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE EXIT THIS WEB SITE.