Terms of Service

Welcome to DataPrism!

This License Agreement (Agreement) describes the legal framework in which You participate on DataPrism's Service, what Your rights and responsibilities are and what You can expect from us. DataPrism requires that all persons visiting and using DataPrism's site read and agree to abide the following terms and conditions. Underneath these Terms of Use please find Our Privacy Policy.

Terms and definitions: "Service" as defined at article 1 hereunder.
"User Work" as defined at article 12 hereunder.
"You" or "Your" or "Users" refers to all the people using the Service users, including legal entities of any kind, sort or origin, and will include all types of the Service usage online and offline.
"We", "Our" and "Us" refers to DataPrism LLC, a Washington LLC.

By clicking the I Accept button at the account registration form You agree the following terms and conditions stipulated in this Agreement, and they shall constitutes a binding Agreement between You and us. This agreement along with Our privacy statement (which is part of this agreement) constitute the entire agreement, and supersedes any other agreements or understandings (oral or written), between You and Us with respect to their subject matters. You may print and keep a copy of these Terms. They are a legal agreement between You and Us and can only be modified with Our consent in accordance to article 4.

  1. The Services. We offer You a unique, online, rich integrated development environment that enables You to design, develop, integrate, debug, deploy, administer, and support solutions, using DataPrism's Intellectual Property and platform (Service).

  2. Using the Service.
    1. While using the Service, it is forbidden to:
      1. use the Service if You are not able to form legally binding contracts or You are under the age of 18;
      2. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
      3. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or DataPrism's systems or networks, or any systems or networks connected to the Site or to DataPrism;
      4. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site;
      5. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. DataPrism reserves the right to bar any such activity;
      6. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any DataPrism server, or to any of the services offered on or through the Site, by hacking, password mining or any other illegitimate means;
      7. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of DataPrism, including any DataPrism account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site;
      8. upload, publish, store or transmit unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material especially while encountering and interacting with and among other users of the Service;
      9. send spam, unauthorized advertising or otherwise duplicative or unsolicited messages in violation of applicable laws;
      10. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
      11. use Our Service in an illegal way and for illegal purposes that is opposed to any applicable law or infringes on the rights of DataPrism or others;
      12. hack or break any security mechanism on the Service or use the Service in a manner that causes a security risk to Us, to any user of Our service, to any third party or to any of Our or their customers or may subject us or any third party to liability, damages or danger.
    2. We reserve the right to access your account in any case of malfunction at your account, that could influence and harm the Service or other User's accounts, in order to minimize damages.
    3. Even though We are making extensive efforts in order to prevent this kind of behavior and conduct detailed in sub-article 2.a above, We are not responsible for the actions of and content uploaded, created or transmitted by, users of Our Service.

  3. User's rights and responsibility.
    1. All material, data and source code uploaded, created and stored on Your Service account is Your personal intellectual property. DataPrism shall not have any ownership claim regarding Your personal material, data and source codes;
    2. Your IP account imposes You full responsibility on all operation taking place in Your account;
    3. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential; You agree to notify DataPrism immediately of any unauthorized use of your account or password, or any other breach of security; You may be held liable for losses incurred by DataPrism or any other user of or visitor to the Site due to someone else using your DataPrism ID, password or account as a result of your failing to keep your account information secure and confidential;
    4. You may not use anyone else's DataPrism ID, password or account at any time without the express permission and consent of the holder of that DataPrism ID, password or account. DataPrism cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
    5. You are obliged to use Your account in accordance to all provisions stipulated in the Agreement and all applicable law, local and of the US.
    6. If you are a developer or operator of a DataPrism-based solution, the following additional terms apply to you:
      1. You are responsible for your application and its content and all uses you make of DataPrism. This includes ensuring your application or use of Platform meets our Developer Policies.
      2. Your access to and use of data you receive from DataPrism, will be limited as follows:
        1. You will not use, display, share, or transfer a user's data in a manner inconsistent with Our privacy policy, Our terms of service and Your privacy policy.
        2. You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset.
        3. We can limit your access to data.
        4. You will comply with all other restrictions contained in our Developer Principles and Policies.
    7. You will not give us information that you independently collect from a user or a user's content without that user's consent.
    8. You will make it easy for users to remove or disconnect from your application.
    9. You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
    10. You will provide customer support for your application.
    11. You will not show third party ads or web search boxes on DataPrism.
    12. We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
    13. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
    14. You will not misrepresent your relationship with DataPrism to others.
    15. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Developer Principles and Policies.
    16. We can issue a press release describing our relationship with you.
    17. You will comply with all applicable laws. In particular you will (if applicable):
      1. have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
      2. comply with the Video Privacy Protection Act ("VPPA"), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on DataPrism. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
    18. We do not guarantee that Platform will always be free.
    19. You give us all rights necessary to enable your application to work with DataPrism, including the right to incorporate content and information you provide to us into streams, profiles, and user action stories.
    20. You give us the right to link to or frame your application, and place content, including ads, around your application.
    21. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
    22. To ensure your application is safe for users, we can audit it.
    23. We can create applications that offer similar features and services to, or otherwise compete with, your application.
    24. DataPrism's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view DataPrism's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
    25. You represent and warrant that your use of DataPrism's websites will be in accordance with DataPrism's Privacy Policy, with this Terms of Service, with any applicable laws and regulations, and with any other applicable policy or terms and conditions, including without limitation those policies and terms and conditions located here.

  4. Changes.
    1. We reserve the right, at Our sole discretion, to modify, add, update or remove any portion of this Agreement or the fee plans, in whole or in part, at any time. You will be notified 14 days in advance in any case of change of the terms of the Agreement or fee plans. Your use of the Service after such notification shall be deemed to constitute Your acceptance of the changes and Your agreement to be bound by the revised terms.
    2. We may, at Our own discretion change, terminate, suspend or discontinue any aspect of the Service, including the availability of any features of the Service, at any time. We may also impose limits on certain features and services or restrict Your access to parts or all of the Service upon infringement of this Agreement, without notice or liability. The abovementioned changes shall be published on the Service's site and You shall receive a written notice regarding the changes and their extent.

  5. Links. The Service contains links to external sites. The following conditions shall apply to the use of these links, without derogating from the other conditions in this License Agreement:
    The links are solely for the convenience of the User. Unless otherwise stipulated by the Service, no legal or commercial relationship exists between the external sites and us, and We have no control over the content of said third party sites. We are not responsible for the content, accuracy, opinions expressed at any third party sites and the usage of them is at Your own risk. Links to third party sites shall not be construed as an endorsement, recommendation or favoring by us, including documents and other materials to be found therein, of the operators of said sites or of products offered on said sites.

  6. Term and Termination. The term of this Agreement will commence, and You may begin using the Service, once You agree to the terms and conditions of this Agreement by clicking the I Accept button and complete the registration process for Your Service account (Term). You may terminate Your account, at Your own discretion, at any time. The termination request shall be effective 2 working days after the submission of a termination notice to info@dataprism.net
    1. Termination of Cause. We reserve the right to terminate or suspend Your account without prior notification upon using the Service in a forbidden way, as detailed on articles 2 above, or in an Agreement infringing manner. We will erase any violating accounts, unless We receive a written request within 7 business days as of the Agreement's infringement, requesting to withdraw content from Your account. We reserve the right to erase and remove any data or content that might harm and/or damage Our Service or the Our Customers.
    2. Termination without cause. We reserve the right to terminate and suspend Your non-paying, free Service account, at Our sole discretion, upon a 7 business day notice. During this term we will not take any actions to intentionally erase or damage any of the data created and stored by You.
    3. Upon termination of the Agreement all Your rights under this Agreement shall be immediately terminated. However, in any case of termination other than termination of cause (Article 6.a above) you shall be entitled to Our assistance in retrieving Your Data and User Work.

  7. Fees.
    1. Free Users. Users of a free demo or during a free period are not obliged to pay Us any fee. However, all non-paying users are subject to all terms and conditions of the Agreement, Inter Alia.
    2. Paying Users.
      1. You agree to pay all charges and any other fees and charges due under this Agreement in accordance to the price list and account plans.
    3. Bandwidth and Disk Usage. We will monitor Your bandwidth and disk usage and shall have the right to take corrective actions if your bandwidth or disk usage exceeds a reasonable amount. Such corrective action may include the purchase of a license or subscription, disconnection or discontinuance of any or all Services, or termination of this Agreement, at Our sole discretion.

  8. No Representations or Warranties Regarding Content. THE SERVICE'S TECHNOLOGY AND CONTENT IS BEING PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED OR STATUTORY REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE TECHNOLOGY AND CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS OF THE TECHNOLOGY AND CONTENT.

    WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY TECHNOLOGY AND CONTENT AVAILABLE FOR DOWNLOADING FROM THE SERVICE IS FREE OF ERROR OR STABLE FOR ANY PARTICULAR PURPOSE OR INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, NOR THAT THE USE OF SUCH TECHNOLOGY AND CONTENT WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS.

    IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH DATAPRISM'S WEBSITES AT YOUR OWN DISCRETION AND RISK, AND THAT DATAPRISM, ITS CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  9. Limitation of Liability. LIMITATION OF LIABILITY OF DATAPRISM. EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, IN NO EVENT WILL DATAPRISM, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF DATAPRISM'S WEBSITES, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF DATAPRISM, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  10. Indemnification. You agree to defend, indemnify and hold harmless DataPrism, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, affiliates, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all any demands, loss, liability, damage, claim, cost or expense (including attorneys' fees), made against DataPrism by any third party due to or arising out of or in connection with the information or material You submit, including, but not limited to, liability for violations of copyrights, trademark rights, trade secret rights, or any other intellectual property rights, or the privacy or publicity rights of others, or liability for information or material You provide that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to any other person or entity, or is fraudulent or deceptive, Your use or unauthorized Usage of the Service or any of its content, or your use of the Service and DataPrism including but not limited to out of your violation of any representation or warranty contained in this document, related licenses or any applicable laws or regulations.

  11. Intellectual Property Rights. The Service and its materials, including but not limited to its Source Code, content, screens and text, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Service and its materials, violate such laws and the Agreement. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Service, materials or any portions of the Service. In addition, You agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Service.

  12. Severability. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.

  13. Digital Millennium Copyright Act Notice. If you are a copyright owner or an agent of a copyright owner and believe that content available by means of one of DataPrism's websites infringes one or more of your copyrights, please immediately notify DataPrism's Copyright Agent by means of emailed, mailed, or faxed notice ("DMCA Notice") and include the information described below. You can review 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act for authoritative detail, or consult your own attorney if you need assistance. If DataPrism takes action in response to a DMCA Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to DataPrism. You may be held liable for damages based on certain material misrepresentations contained in a DMCA Notice. Thus, if you are not sure content located on or linked to by the website infringes your copyright, you should consider first contacting an attorney.
    All DMCA Notices should include the following:
    • A signature, electronic or physical, of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright right that is being infringed;
    • An identification of the copyrighted work or works that you claim have been infringed;
    • A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit DataPrism to find and positively identify that content, including the URL where it is located;
    • Your name, address, telephone number, and email address where we can contact you; and
    • A statement by you: (i) that you believe in good faith that the use of the material that you claim infringes your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) that all of the information contained in your DMCA Notice is accurate, and under penalty of perjury, that you are either the owner of, or a person authorized to act on behalf an owner of, the exclusive copyright right that is being infringed.
    DataPrism's designated Copyright Agent to receive notifications of claimed infringement is as follows:
    DataPrism
    3213 W. Wheeler St., #355
    Seattle, WA 98199
    Email: info@dataprism.net
    Phone Number: 206-213-4663
    If you fail to comply with all of the requirements of a DMCA notice, DataPrism may not act upon your notice.
    DataPrism will terminate a user's account if, under appropriate circumstances, they are determined to be a repeat infringer.
    The contact information provided above also applies to notices that are based on non-U.S. copyrights or trademarks.
    Only DMCA Notices, Trademark Notices (which are defined below), and international copyright or trademark notices should go to the copyright agent. Any other feedback, comments, requests for technical support, and other communications should be directed to info at dataprism dot net.
    Please be advised that any DMCA Notices sent to DataPrism may be sent to third parties (including the accused) and posted on the Internet (including at http://www.chillingeffects.org/).
  14. Force Majeure. Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.
  15. General. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue.
    In the event of any controversy or dispute between DataPrism and You arising out of or in connection with Your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. DataPrism shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright 1997-2012 DataPrism LLC. All rights reserved.

Date of Last Revision: March 26, 2012.



Copyright © 2012 DataPrism
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