Data Drum

Terms



The www.datadrum.com website (the "Site") is comprised of various web pages operated by Data Drum, Inc. ("Data Drum"). www.datadrum.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your (or “You”, or “User”) use of www.datadrum.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy
Your use of www.datadrum.com is subject to Data Drum's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting www.datadrum.com or sending emails to Data Drum constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Fair Use
The site may contain copyrighted material. Data Drum believes in good faith that such work is covered by the “fair use” doctrine of the US Copyright Act, the Berne Convention, and EU Copyright Directive.

You agree to that your use of any copyrighted material derived from the site is compliant with all relevant jurisdictional provisions and fair use provisions. You further agree that Data Drum is in no way responsible or liable for your use of copyrighted work derived from the site.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.datadrum.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Data Drum that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Data Drum or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Data Drum and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Data Drum or our licensors except as expressly authorized by these Terms.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not provide login information, assign or otherwise transfer your account to any other person or entity. You acknowledge that Data Drum is not responsible for third party access to your account that results from theft or misappropriation of your account. Data Drum and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Types of Accounts
Data Drum currently offers Users the following types of accounts:

Free Account: User can access Data Drum’s proprietary information but will have no ability to download this information. User may use the proprietary information in other sources and post screenshots on 3rd party sites on the condition that Data Drum is cited as a source.

$10/month Account: User will receive certain Data Drum information not available to free Users. User can access Data Drum’s proprietary information but will have no ability to download this information. User may use the proprietary information in other sources and post screenshots on 3rd party sites on the condition that Data Drum is cited as a source.

$50/month Account: User may download all Data Drum’s proprietary information from the site. Downloaded information is for internal use only, User may not publish, distribute or disseminate the downloaded information in any way. User may use the proprietary information in other sources and post screenshots on 3rd party sites on the condition that Data Drum is cited as a source.

$100/month Account: User may download all Data Drum’s proprietary information from the site and access data thru an application programming interface (“API”). Downloaded information is for internal use only, User may not publish, distribute or disseminate the downloaded information in any way. User may use the proprietary information in other sources and post screenshots on 3rd party sites on the condition that Data Drum is cited as a source. Data accessed via API is subject to a limited license and must not be in violation of any law or regulation or be done in a manner that compromises any of Data Drum’s technical processes or technical processes. Furthermore, you agree that Data Drum shall continue to own all APIs and all related intellectual property. All rights not explicitly granted to you are hereby retained by Data Drum.

The above account types, prices, and rights associated with them may be changed by Data Drum at any time and per its sole discretion. Data Drum will notify users of changes in account types within a reasonable time.

Cancellation/Account Change
You may cancel your account or change account type at any time. All charges on your account will be prorated and billed the next month.

Children Under Thirteen
Data Drum does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.datadrum.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services
www.datadrum.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Data Drum and Data Drum is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Data Drum is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Data Drum of the site or any association with its operators.

Certain services made available via www.datadrum.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.datadrum.com domain, you hereby acknowledge and consent that Data Drum may share such information and data with any third party with whom Data Drum has a contractual relationship to provide the requested product, service or functionality on behalf of www.datadrum.com users and customers.

Third Party Accounts
You may be able to connect your Data Drum account to third party accounts. By connecting your Data Drum account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Governing Law
If you live in the European Economic Area, United Kingdom, or Switzerland (“Designated Countries”), the laws of the United Kingdom, excluding conflicts of laws rules, shall exclusively govern any dispute relating to this Agreement and/or any other conflict with Data Drum. You and Data Drum mutually agree that claims and disputes may only be litigated in the United Kingdom, and we both agree to personal jurisdiction of courts located in the United Kingdom.

For others outside of Designated Countries, including those who live outside of the United States: You and Data Drum agree that the laws of the State of Delaware U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or Data Drum. You and Data Drum both agree that all claims and disputes can be litigated only in the federal or state courts in Delaware, U.SA., and we both agree to personal jurisdiction in those courts.

Indemnification
You agree to indemnify, defend and hold harmless Data Drum, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Data Drum reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Data Drum in asserting any available defenses.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Data Drum agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DATA DRUM, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

DATA DRUM, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DATA DRUM, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DATA DRUM, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DATA DRUM, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
Data Drum reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Data Drum as a result of this agreement or use of the Site. Data Drum's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Data Drum's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Data Drum with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Data Drum with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Data Drum with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
Data Drum reserves the right, in its sole discretion, to change the Terms under which www.datadrum.com is offered. The most current version of the Terms will supersede all previous versions. Data Drum encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
Data Drum welcomes your questions or comments regarding the Terms. You may contact us at info@datadrum.com

Effective as of October 10, 2018.





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