TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY
THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS
OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE
AS OF 09/30/2015.
ACCEPTANCE OF TERMS
The following Terms of Service
Agreement (the "TOS") is a legally binding agreement that shall
govern the relationship with our users and others which may interact or
interface with Software Innovation Lab LLC , also known as SIL, located in Seattle, Washington, and our subsidiaries and affiliates, in
association with the use of the SIL website, which includes
https://dataminer.io (the "Site") and its Services, which
shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website operating under
dataminer.io and data-miner.io domains.
DATA MINER service helps users of the site and the
Google Chrome Extension Appplication by providing them a service which convert website
content into clean structured data which can be downloaded.
Any and all visitors to our site?> ,
despite whether they are registered or not, shall be deemed as
"users" of the herein contained Services provided for the purpose of
this TOS. Once an individual registers for our Services, through the process of
creating an account, the user shall then be considered a "member."
The
user and/or member acknowledges and agrees that the Services provided and made
available through our website and applications, which may include some mobile
applications and that those applications may be made available on various
social media networking sites and numerous other platforms and downloadable
programs, are the sole property of Software
Innovation Lab LLC . At
its discretion, Software Innovation Lab LLC may offer additional website
Services and/or products, or update, modify or revise any current content and
Services, and this Agreement shall apply to any and all additional Services
and/or products and any and all updated, modified or revised Services unless
otherwise stipulated. Software Innovation Lab LLC does hereby reserve the right
to cancel and cease offering any of the aforementioned Services and/or
products. You, as the end user?> and/or member?> , acknowledge, accept and
agree that Software Innovation Lab LLC shall not be held liable for any such
updates, modifications, revisions, suspensions or discontinuance of any of our
Services and/or products. Your continued use of the Services provided, after
such posting of any updates, changes, and/or modifications shall constitute
your acceptance of such updates, changes and/or modifications, and as such,
frequent review of this Agreement and any and all applicable terms and policies
should be made by you to ensure you are aware of all terms and policies
currently in effect. Should you not agree to the updated, modified, revised or
modified terms, you must stop using the provided Services.
Furthermore, the user and/or member
understands, acknowledges and agrees that the Services offered shall be
provided "AS IS" and as such Software Innovation Lab LLC shall not
assume any responsibility or obligation for the timeliness, missed delivery,
deletion and/or any failure to store user content, communication or
personalization settings.
REGISTRATION
To register and become a
"member" of the Site, you must be 18 years of age to enter into and
form a legally binding contract. In addition, you must be in good standing and
not an individual that has been previously barred from receiving SIL's Services
under the laws and statutes of the United States or other applicable
jurisdiction.
Furthermore, the registering party
hereby acknowledges, understands and agrees to:
a)
furnish factual, correct, current and
complete information with regards to yourself as may be requested by the data
registration process, and
b)
maintain and promptly update your
registration and profile information in an effort to maintain accuracy and
completeness at all times.
If anyone knowingly provides any
information of a false, untrue, inaccurate or incomplete nature, Software
Innovation Lab LLC will have sufficient grounds and rights to suspend or
terminate the member in violation of this aspect of the Agreement, and as such
refuse any and all current or future use of Software Innovation Lab LLC
Services, or any portion thereof.
It is Software Innovation Lab LLC 's
priority to ensure the safety and privacy of all its visitors, users and
members, especially that of children. Therefore, it is for this reason that the
parents of any child under the age of 13 that permit their child or children
access to the SIL website platform Services must create a "family"
account, which will certify that the individual creating the "family"
account is of 18 years of age and as such, the parent or legal guardian of any
child or children registered under the "family" account. As the
creator of the "family" account, s/he is thereby granting permission
for his/her child or children to access the various Services provided,
including, but not limited to, message boards, email, and/or instant messaging.
It is the parent's and/or legal guardian's responsibility to determine whether
any of the Services and/or content provided are age-appropriate for his/her
child.
PRIVACY POLICY
Every member's registration data and
various other personal information are strictly protected by the Software Innovation Lab LLC Online
Privacy Policy (see the full Privacy Policy at https://dataminer.io/privacy). As a member,
you herein consent to the collection and use of the information provided,
including the transfer of information within the United States and/or other
countries for storage, processing or use by Software Innovation Lab LLC and/or
our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME,
PASSWORD AND SECURITY
After
completion of the registration data and creation of your username, you will
receive a random password—which you can later change—and account designation.
You shall be responsible for maintaining the secrecy and confidentiality of
your password and for all activities that transpire on or within your account.
It shall be your responsibility to notify Software Innovation Lab LLC
immediately if you notice any unauthorized access or use of your account or
password or any other breach of security. Software Innovation Lab LLC shall not
be held liable for any loss and/or damage arising from any failure to comply
with this term and/or condition of the TOS.
CONDUCT
As a
member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or
any other content, whether it is publicly or privately posted and/or
transmitted, is the expressed sole responsibility of the individual from whom
the content originated. In short, this means that you are solely responsible
for any and all content posted, uploaded, emailed, transmitted or otherwise
made available by way of SIL Services, and as such, we do not guarantee the
accuracy, integrity or quality of such content. It is expressly understood that
by use of our Services, you may be exposed to content including, but not
limited to, any errors or omissions in any content posted, and/or any loss or
damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by SIL.
Furthermore,
you herein agree not to make use of Software Innovation Lab LLC 's Services for
the purpose of:
a)
uploading,
posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another's privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
b)
causing
harm to minors in any manner whatsoever;
c)
impersonating
any individual or entity, including, but not limited to, any SIL officials,
forum leaders, guides or hosts or falsely stating or otherwise misrepresenting
any affiliation with an individual or entity;
d)
forging
captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or
fiduciary relationship with;
e)
uploading,
posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
f)
uploading,
posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance
with any contractual or fiduciary relationship;
g)
uploading,
posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail,"
"spam," or any other form of solicitation, except in any such areas
that may have been designated for such purpose;
h)
uploading,
posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs
which have been designed to interfere, destroy and/or limit the operation of
any computer software, hardware, or telecommunication equipment;
i)
disrupting
the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users' ability to use the the Site;
j)
blocking, interfering
with or disrupting any Software Innovation Lab LLC Services, servers and/or
networks that may be connected or related to our website, including, but not
limited to, the use of any device software and/or routine to bypass the robot
exclusion headers or changing or modifying the data sent between client software
(the browser extension) and the servers of Software Innovation Lab LLC
;
k)
intentionally
or unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines, and/or
regulations decreed by the U.S. Securities and Exchange Commission, in addition
to any rules of any nation or other securities exchange, that would include
without limitation, the New York Stock Exchange, the American Stock Exchange,
or the NASDAQ, and any regulations having the force of law;
l)
providing
informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States
government as a "foreign terrorist organization" in accordance to
Section 219 of the Immigration Nationality Act;
m)
"stalking"
or with the intent to otherwise harass another individual; and/or
n)
collecting
or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set
forth in the aforementioned paragraphs.
Software
Innovation Lab LLC herein reserves the right to pre-screen, refuse and/or
delete any content currently available through our Services. In addition, we
reserve the right to remove and/or delete any such content that would violate
the TOS or which would otherwise be considered
offensive to other visitors, users and/or members.
Software
Innovation Lab LLC herein reserves the right to access, preserve and/or
disclose member account information and/or content if it is requested to do so
by law or in good faith belief that any such action is deemed reasonably
necessary for:
a) compliance with any legal
process;
b) enforcement of the TOS;
c) responding to any claim
that therein contained content is in violation of the rights of any third party;
d) responding to requests for
customer service; or
e)
protecting
the rights, property or the personal safety of Software Innovation Lab LLC ,
its visitors, users and members, including the general public.
Software
Innovation Lab LLC herein reserves the right to include the use of security
components that may permit digital information or material to be protected, and
that such use of information and/or material is subject to usage guidelines and
regulations established by Software Innovation Lab LLC or any other content
providers supplying content services to Software Innovation Lab LLC . You are
hereby prohibited from making any attempt to override or circumvent any of the
embedded usage rules in our Services, interfering with logging/meetering of usage
of our Services or circumventing our subscription plans and thier limitations
in any from. Furthermore, unauthorized reproduction, reverse engineering, decompiling,
publication, distribution, or exhibition of any information or materials
supplied by our Services including but not limited to browser extension code cond configuration,
data extraction recipes, webservice code whether done so in whole or in part, is
expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby
acknowledge that by using https://dataminer.io to send electronic
communications, which would include, but are not limited to, email, searches,
instant messages, uploading of files, photos and/or videos, you will be causing
communications to be sent through our computer network. Therefore, through your use, and thus your
agreement with this TOS, you are acknowledging that the use of this Service
shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT
COMPLIANCE
Due to
the global nature of the internet, through the use of our network you hereby
agree to comply with all local rules relating to online conduct and that which
is considered acceptable Content. Uploading, posting and/or transferring of
software, technology and other technical data may be subject to the export and
import laws of the United States and possibly other countries. Through the use
of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions
control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state
and pledge that you:
a)
are
not on the list of prohibited individuals which may be identified on any
government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other
government which may be part of an export-prohibited country identified in
applicable export and import laws and regulations;
b)
agree
not to transfer any software, technology or any other technical data through
the use of our network Services to any export-prohibited country;
c)
agree
not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S.
export laws; and
d)
agree
not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable
export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY
SERVICES
Software
Innovation Lab LLC shall not lay claim to ownership of any content submitted by
any visitor?> , member or user, or make such content available for inclusion
on our website Services. Therefore, you hereby grant and allow for Software
Innovation Lab LLC the below listed worldwide, royalty-free and non-exclusive
licenses, as applicable:
a)
The
content submitted or made available for inclusion on the publicly accessible
areas of Software Innovation Lab LLC 's sites, the license provided to permit
to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of Software Innovation Lab LLC 's sites, and shall terminate
at such time when you elect to discontinue your membership.
b)
Photos,
audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Software Innovation Lab LLC 's sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for
the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Software Innovation Lab LLC 's sites
and shall terminate at such time when you elect to discontinue your membership.
c)
For
any other content submitted or made available for inclusion on the publicly
accessible areas of Software Innovation Lab LLC 's sites, the continuous,
binding and completely sub-licensable license which is meant to permit to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform
and/or publicly display said content, whether in whole or in part, and the
incorporation of any such Content into other works in any arrangement or medium
current used or later developed.
Those
areas which may be deemed "publicly accessible" areas of Software
Innovation Lab LLC 's sites are those such areas of our network properties
which are meant to be available to the general public, and which would include
message boards and groups that are openly available to both visitors?> and members?> . However, those areas which are not open to the public,
and thus available to members only, would include our mail system and instant
messaging
CONTRIBUTIONS TO COMPANY
WEBSITE
Software
Innovation Lab LLC provides an area for our users and members to contribute feedback to our website. When
you submit ideas, documents, suggestions and/or proposals
("Contributions") to our site, you acknowledge and agree that:
a)
your
Contributions do not contain any type of confidential or proprietary
information;
b)
SIL
shall not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c)
SIL
shall be entitled to make use of and/or disclose any such Contributions in any
such manner as they may see fit;
d)
the
contributor's Contributions shall automatically become the sole property of
SIL; and
e)
SIL is
under no obligation to either compensate or provide any form of reimbursement
in any manner or nature.
INDEMNITY
All
users and/or members herein agree to insure and hold Software Innovation Lab
LLC , our subsidiaries, affiliates, agents, employees, officers, partners
and/or licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third
party, which may arise from any content a member or user of our site may submit, post, modify,
transmit or otherwise make available through our Services, the use of SIL Services or your connection with these
Services, your violations of the Terms of Service and/or your violation of any
such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member
or user
herein agrees not to replicate, duplicate, copy, store, save offline outside of the
expressly sanctioned method by
our service, trade, sell, exhibit, reuse, resell nor
exploit for any commercial reason any part, use of, or access to SIL's sites or its content.
USE AND STORAGE GENERAL
PRACTICES
You
herein acknowledge that Software Innovation Lab LLC may set up any such
practices and/or limits regarding the use of our Services, without limitation
of the maximum number of days that any email, message posting or any other
uploaded content shall be retained by Software Innovation Lab LLC , nor the
maximum number of email messages that may be sent and/or received by any
member, the maximum volume or size of any email message that may be sent from
or may be received by an account on our Service, the maximum disk space
allowable that shall be allocated on Software Innovation Lab LLC 's servers on
the member's behalf, and/or the maximum number of times and/or duration that
any member may access our Services in a given period of time. In addition, you also agree that Software
Innovation Lab LLC has absolutely no responsibility or liability for the
removal or failure to maintain storage of any messages and/or other
communications or content maintained or transmitted by our Services. You also
herein acknowledge that we reserve the right to delete or remove any account
that is no longer active for an extended period of time. Furthermore, Software
Innovation Lab LLC shall reserve the right to modify, alter and/or update these
general practices and limits at our discretion.
Any
messenger service, which may include any web-based versions, shall allow you
and the individuals with whom you communicate with the ability to save your
conversations in your account located on Software Innovation Lab LLC 's
servers. In this manner, you will be able to access and search your message
history from any computer with internet access. You also acknowledge that
others have the option to use and save conversations with you in their own
personal account on https://dataminer.io. It is your agreement to
this TOS which establishes your consent to allow Software Innovation Lab LLC to
store any and all communications on its servers.
MODIFICATIONS
Software
Innovation Lab LLC shall reserve the right at any time it may deem fit, to
modify, alter and or discontinue, whether temporarily or permanently, our
service, or any part thereof, with or without prior notice. In addition, we
shall not be held liable to you or to any third party for any such alteration,
modification, suspension and/or discontinuance of our Services, or any part
thereof.
TERMINATION
As a
member of https://dataminer.io, you may cancel or terminate your
account, associated email address and/or access to our Services by submitting a
cancellation or termination request to support@dataminer.io.
As a
member, you agree that Software Innovation Lab LLC may, without any prior
written notice, immediately suspend, terminate, discontinue and/or limit your
account, any email associated with your account, and access to any of our
Services. The cause for such termination, discontinuance, suspension and/or
limitation of access shall include, but is not limited to:
a)
any
breach or violation of our TOS or any other incorporated agreement, regulation
and/or guideline;
b)
by way
of requests from law enforcement or any other governmental agencies;
c)
the
discontinuance, alteration and/or material modification to our Services, or any
part thereof;
d)
unexpected
technical or security issues and/or problems;
e)
any
extended periods of inactivity;
f)
any
engagement by you in any fraudulent or illegal activities; and/or
g)
the
nonpayment of any associated fees that may be owed by you in connection with
your https://dataminer.io account Services.
Furthermore,
you herein agree that any and all terminations, suspensions, discontinuances,
and or limitations of access for cause shall be made at our sole discretion and
that we shall not be liable to you or any other third party with regards to the
termination of your account, associated email address and/or access to any of
our Services.
The
termination of your account with https://dataminer.io shall include
any and/or all of the following:
a)
the
removal of any access to all or part of the Services offered within
https://dataminer.io;
b)
the
deletion of your password and any and all related information, files, and any
such content that may be associated with or inside your account, or any part
thereof; and
c)
the
barring of any further use of all or part of our Services.
ADVERTISERS
Any
correspondence or business dealings with, or the participation in any
promotions of, advertisers located on or through our Services, which may
include the payment and/or delivery of such related goods and/or Services, and
any such other term, condition, warranty and/or representation associated with
such dealings, are and shall be solely between you and any such advertiser.
Moreover, you herein agree that Software Innovation Lab LLC shall not be held
responsible or liable for any loss or damage of any nature or manner incurred
as a direct result of any such dealings or as a result of the presence of such
advertisers on our website.
LINKS
Either
Software Innovation Lab LLC or any third parties may provide links to other
websites and/or resources. Thus, you acknowledge and agree that we are not
responsible for the availability of any such external sites or resources, and
as such, we do not endorse nor are we responsible or liable for any content,
products, advertising or any other materials, on or available from such third
party sites or resources. Furthermore, you acknowledge and agree that Software
Innovation Lab LLC shall not be responsible or liable, directly or indirectly,
for any such damage or loss which may be a result of, caused or allegedly to be
caused by or in connection with the use of or the reliance on any such content,
goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do
hereby acknowledge and agree that Software Innovation Lab LLC 's Services and
any essential software that may be used in connection with our Services
("Software") shall contain proprietary and confidential material that
is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services
or by advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly
permitted by applicable law or as authorized by Software Innovation Lab LLC or
such applicable licensor, you agree not to alter, modify, lease, rent, loan,
sell, distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on Software Innovation Lab LLC Services
(e.g. Content or Software), in whole or part.
Software
Innovation Lab LLC herein has granted you personal, non-transferable and
non-exclusive rights and/or license to make use of the object code or our
Software on a single computer, as long as you do not, and shall not, allow any
third party to duplicate, alter, modify, create or plagiarize work from,
reverse engineer, reverse assemble or otherwise make an attempt to locate or
discern any source code, sell, assign, sublicense, grant a security interest in
and/or otherwise transfer any such right in the Software. Furthermore, you do
herein agree not to alter or change the Software in any manner, nature or form,
and as such, not to use any modified versions of the Software, including and
without limitation, for the purpose of obtaining unauthorized access to our
Services. Lastly, you also agree not to access or attempt to access our
Services through any means other than through the interface which is provided
by Software Innovation Lab LLC for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN
EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a)
THE
USE OF SOFTWARE INNOVATION LAB LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK
BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS"
AND/OR "AS AVAILABLE" BASIS. SOFTWARE INNOVATION LAB LLC AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b)
SOFTWARE
INNOVATION LAB LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) SOFTWARE INNOVATION LAB LLC
SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SOFTWARE INNOVATION LAB
LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SOFTWARE
INNOVATION LAB LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv)
QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY
BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE
CORRECTED.
c)
ANY
INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF SOFTWARE
INNOVATION LAB LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE
DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND
HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE
TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR
ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
d)
NO
ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED
BY YOU FROM SOFTWARE INNOVATION LAB LLC OR BY WAY OF OR FROM OUR SERVICES OR
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e)
A
SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON
A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW
OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES:
DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU
EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SOFTWARE INNOVATION LAB LLC
AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL,
SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA
AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH
POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a)
THE
USE OR INABILITY TO USE OUR SERVICE;
b)
THE
COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
c)
UNAUTHORIZED
ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d)
STATEMENTS
OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
e)
AND
ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SPECIAL ADMONITION RELATED
TO FINANCIAL MATTERS
Should
you intend to create or to join any service, receive or request any such news,
messages, alerts or other information from our Services concerning companies,
stock quotes, investments or securities, please review the above Sections
Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware"
is appropriate. Software Innovation Lab LLC 's content is provided primarily
for informational purposes, and no content that shall be provided or included
in our Services is intended for trading or investing purposes. Software
Innovation Lab LLC and our licensors shall not be responsible or liable for the
accuracy, usefulness or availability of any information transmitted and/or made
available by way of our Services, and shall not be responsible or liable for
any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE
ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY
DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You
herein acknowledge, understand and agree, unless otherwise expressly provided
in this TOS, that there shall be third-party beneficiaries to this agreement.
NOTICE
Software
Innovation Lab LLC may furnish you with notices, including those with regards
to any changes to the TOS, including but not limited to email, regular mail,
MMS or SMS, text messaging, postings on our website Services, or other
reasonable means currently known or any which may be herein after developed.
Any such notices may not be received if you violate any aspects of the TOS by
accessing our Services in an unauthorized manner. Your acceptance of this TOS
constitutes your agreement that you are deemed to have received any and all
notices that would have been delivered had you accessed our Services in an
authorized manner.
TRADEMARK INFORMATION
You
herein acknowledge, understand and agree that all of the Software Innovation
Lab LLC trademarks, copyright, trade name, service marks, and other Software
Innovation Lab LLC logos and any brand features, and/or product and service
names are trademarks and as such, are and shall remain the property of Software
Innovation Lab LLC . You herein agree not to display and/or use in any manner
the Software Innovation Lab LLC logo or marks.
COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Software
Innovation Lab LLC will always respect the intellectual property of others, and
we ask that all of our users to the same. With regards to appropriate
circumstances and at its sole discretion, Software Innovation Lab LLC may
disable and/or terminate the accounts of any user who repeatedly violates our
TOS and/or infringes the rights of others. If you feel that your work has been
duplicated in such a way that would constitute copyright infringement, or if
you believe your intellectual property rights have been otherwise violated, you
should provide to us the following information:
a)
The
electronic or the physical signature of the individual that is authorized on
behalf of the owner of the copyright or other intellectual property interest;
b)
A
description of the copyrighted work or other intellectual property that you
believe has been infringed upon;
c)
A description
of the location of the site which you allege has been infringing upon your work;
d)
The
physical address, telephone number, and email address;
e)
A
statement, in which you state that the alleged and disputed use of your work is
not authorized by the copyright owner, its agents or the law;
f)
And
finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is the truth and accurate, and that you are the
copyright or intellectual property owner, representative or agent authorized to
act on the copyright or intellectual property owner's behalf.
The
Software Innovation Lab LLC Agent for notice of claims of copyright or other
intellectual property infringement can be contacted as follows:
Mailing
Address:
Software
Innovation Lab LLC
Attn:
Copyright Agent
4742 42nd Ave SW #580
Seattle,
Washington 98116
Telephone:
(206) 900-8070
Email:
support@dataminer.io
CLOSED CAPTIONING
BE IT
KNOWN, that Software Innovation Lab LLC complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning
of video content. For more information, please visit our website at
https://dataminer.io.
GENERAL INFORMATION
ENTIRE AGREEMENT
This
TOS constitutes the entire agreement between you and Software Innovation Lab
LLC and shall govern the use of our Services, superseding any prior version of
this TOS between you and us with respect to Software Innovation Lab LLC
Services. You may also be subject to additional terms and conditions that may
apply when you use or purchase certain other Software Innovation Lab LLC
Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is
at the mutual agreement of both you and Software Innovation Lab LLC with regard
to the TOS that the relationship between the parties shall be governed by the
laws of the state of Washington without regard to its conflict of law
provisions and that any and all claims, causes of action
and/or disputes, arising out of or relating to the TOS, or the relationship
between you and Software Innovation Lab LLC , shall be filed within the courts
having jurisdiction within the County of King County, Washington or the U.S.
District Court located in said state. You and Software Innovation Lab LLC agree
to submit to the jurisdiction of the courts as previously mentioned, and agree
to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any
time, should Software Innovation Lab LLC fail to exercise or enforce any right
or provision of the TOS, such failure shall not constitute a waiver of such
right or provision. If any provision of this TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You
acknowledge, understand and agree that your account is non-transferable and any
rights to your ID and/or contents within your account shall terminate upon your
death. Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You
acknowledge, understand and agree that regardless of any statute or law to the
contrary, any claim or action arising out of or related to the use of our
Services or the TOS must be filed within 1 year(s) after said claim or cause of
action arose or shall be forever barred.
VIOLATIONS
Please
report any and all violations of this TOS to Software Innovation Lab LLC as
follows:
Mailing
Address:
Software
Innovation Lab LLC
Attn:
Copyright Agent
4742 42nd Ave SW #580
Seattle,
Washington 98116
Telephone:
(206) 900-8070
Email:
support@dataminer.io