MYDATA TERMS OF USE
Your access to this website (the "Site"), Content (as defined below), and/or the applications and services provided by Analytics Intelligence Limited, including its subsidiaries and affiliates ("Analytics Intelligence") in connection with this Site (collectively, the "myDATA") is made possible through a license between Analytics Intelligence Limited and you, your employer, or some other company you represent (the "License Company").
Your access to, and use of, the myDATA is governed by the master service or license agreement between Analytics Intelligence and the License Company (the "Master Agreement"). These Analytics Intelligence Terms of Use (the "Terms of Use") apply to your access to, and use of, the myDATA to the extent they do not conflict with the applicable Master Agreement. By accessing or using the myDATA you agree to be bound by the applicable Master Agreement and/or these Terms of Use.
Content, Message Boards, and Ownership
Your access to, and use of, the myDATA may give you access to data, reports, information, text, graphics, code, message boards or other materials (collectively, the "Content"), whether through the Site or otherwise. All right, title, and interest in and to the myDATA are and will remain the exclusive property of Analytics Intelligence and its licensors. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the myDATA.
You agree not to use the myDATA keyword system, response system or message boards to: (i) send, post messages or use keywords that are harassing, libelous, defamatory, abusive, threatening, obscene or profane (note that "masked" vulgarity, obscenity, or profanity such as "f*ck" is considered equivalent to the actual objectionable word and is not allowed); (ii) promote the use of illegal drugs, alcohol, sex, pornography or any other form of adult content, profanity, hate, "spamming", fraud, racism, or any illegal activity; (iii) send or post derogatory comments directed at individuals (including public figures) or corporations (including Analytics Intelligence or any Analytics Intelligence customers); (iv) send or post messages that include illegal material, including text, graphics, video, programs or audio; (iv) advertise business or solicit for products and/or services; (v) spam, solicit (commercial or non-commercial), promote chain letters, or the like. Analytics Intelligence reserves the right to terminate your access to the myDATA or its message boards at any time. Violations of any of these Terms of Use will result in your banishment from the message boards. Depending on the severity of the violation, your entire organization or License Company may be denied access to the Analytics Intelligence message boards for an indefinite time period. You agree not to provide Analytics Intelligence competitors with any message/post information or personal information (including but not limited to names and email addresses) from the message boards. Analytics Intelligence will have the right to investigate and prosecute violations of these Terms of Use, and may involve law enforcement authorities in such prosecution. You acknowledge that Analytics Intelligence has no obligation to monitor your access to or use of the myDATA, but has the right to do so for the purpose of providing the myDATA, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Analytics Intelligence owns all Content delivered by the myDATA response system or posted to the message boards, including text, ideas, code, samples, images, etc. Content from the message boards may NOT be copied, reproduced, transmitted, distributed, or published outside of the message board. The Content is strictly for use within the message boards or any Analytics Intelligence-approved material. Analytics Intelligence reserves the right to use, reproduce, adapt, modify, publish, translate, create derivative works from, communicate to the public, and display any content in the message boards. Analytics Intelligence reserves the right to edit and delete Content that in any way violates the Terms of Use.
Limitations on Your Use of the myDATA and Content
You agree not to do any of the following: (i) access or use the myDATA and Content for any purpose other than for the License Company's internal business purposes; (ii) permit any third party to access or use the myDATA; (iii) distribute any Content to any third party other than as authorized by License Company consistent with your collective obligations to Analytics Intelligence; (iv) access or use the myDATA and Content not in accordance with these Terms of Use; (v) impersonate any other person or entity, whether actual or fictitious, including impersonating an employee of Analytics Intelligence; (vi) use the message boards or any other part of this Site to report bugs or voice discontent (if you wish to raise a concern, we encourage you to contact your Analytics Intelligence Account Manager directly); (vii) use any Content, including any personally identifiable information included within the Content, in violation of any rights of any third parties, including such rights arising under any applicable privacy policies or agreements; (viii) use any Content in violation of any applicable law or regulation; (ix) attempt to decipher, decompile, disassemble, or reverse engineer any of the myDATA system or any of its sub systems; (x) distribute, modify, or copy the myDATA; (xi) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols or labels in the myDATA; (xi) share or disclose your password with anyone, whether within your organization, the License Company, or otherwise (you are responsible for safeguarding the password, and you agree not to allow any third party to access or use the myDATA). You agree to immediately notify Analytics Intelligence Limited of any unauthorized use of your password.
Analytics Intelligence may be subject to fees from various service providers based on script actions with their respective application programming interfaces. Analytics Intelligence reserves the right to modify its billing terms, including payment and deposit requirements, at any time, and such modified billing terms will be reflected in an updated version of such terms posted on or linked from an Analytics Intelligence website or by e-mail notification to you. If you do not consent to such modified terms, you may renegotiate or terminate the program and the associated program terms at any time by providing written notice to Analytics Intelligence within thirty (30) days of such notice.
Confidentiality
Your access to, and use of, the myDATA system may give you access to information that is confidential to Analytics Intelligence ("Confidential Information"). Confidential Information includes any information that is clearly identified as confidential, and any written or oral information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential. Such Confidential Information includes, but is not limited to, product proposals, technological processes, product forecasts, trade secrets, pre-publication patent applications, product designs, pricing information, software designs, hardware or system designs, technology specifications, source code, object code, graphic designs, report templates, proprietary financial information, systems architecture, and systems functionalities. Confidential Information also includes all copies, summaries and extracts of any Confidential Information. Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of yours; (ii) was rightfully in your possession prior to the disclosure and had not been obtained by you either directly or indirectly from the Analytics Intelligence; (iii) is rightfully disclosed to you by a third party without restriction on disclosure; (iv) is independently developed by you without use of or reference to Analytics Intelligence's Confidential Information. You agree to use commercially reasonable care (but in no case less care than it uses to protect its own Confidential Information) to prevent the disclosure of the Confidential Information to any third party. You may disclose Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, that you first have given sufficient and prompt written notice to Analytics Intelligence of the receipt of any subpoena or other request for such disclosure and have made a reasonable effort to obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued.
Non-Competition
The myDATA system and mobile app are not available to competitors of Analytics Intelligence, and competitors of Analytics Intelligence are hereby expressly prohibited from using or accessing the myDATA, whether or not authorized by License Company. Furthermore, by entering the Site, you are certifying that you are not a competitor of Analytics Intelligence and that you will not share or otherwise disclose the myDATA or Content with a competitor of Analytics Intelligence. You further agree that you will not in the future engage in competitive business with Analytics Intelligence.
Limitations on Liability
ANALYTICS INTELLIGENCE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE MYDATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANALYTICS INTELLIGENCE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Disclaimer of Warranties
Your access to and use of the myDATA systems is at your own risk. Analytics Intelligence will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the myDATA. Analytics Intelligence does not guarantee the accuracy or validity of any Content. Analytics Intelligence is not responsible for any Content disseminated through the response system or the message boards. THE MYDATA ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ANALYTICS INTELLIGENCE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
ANALYTICS INTELLIGENCE MAKES NO WARRANTY THAT THE SITE, APPLICATIONS, CONTENT OR ANY PAY-PER-CLICK WEBSITE OR INTERFACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ANALYTICS INTELLIGENCE MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE MYDATA.
Indemnity
You agree to defend, indemnify, and hold harmless Analytics Intelligence Limited, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees), arising out of (i) your violation of these Terms of Use, and/or (ii) violation of applicable law.
Termination
If you violate any of these Terms of Use, your permission to use the myDATA will automatically terminate.
Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the United Kingdom without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action arising under these Terms of Use or related thereto will be the state and federal courts located in the United Kingdom, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Trademark Information
Copyright 2009-2019. Analytics Intelligence Limited. Analytics Intelligence and the Analytics Intelligence logo, myDATA logo, Virtual Analyst logo and the AI Platform logo are either registered trademarks or trademarks of Analytics Intelligence Limited in the United Kingdom and/or other countries.