Changes to the terms
DrivenData will occasionally update these terms and conditions, including the privacy statement, by updating this page. You should visit this page from time to time to review the then-current terms because they are binding on You.
By contracting with us through our site, You warrant that:
(a) You are legally capable of entering into binding contracts.
This Website may not be available at all times or in all areas. DrivenData may permit You to register for services and/or deny service to You, at any time and at its sole discretion, including where You do not adhere to the Rules of Conduct set forth below. DrivenData also reserves the right to, at any time, (a) modify or discontinue, temporarily or permanently this Website or any part of it without notice. You agree that DrivenData shall not be liable to You or any third party for any modification, suspension or discontinuance of this Website or any Content or Service therein. Your continued use of this Website after any changes will indicate Your acceptance of such changes.
DrivenData provides users of this Website with access to certain content concerning DrivenData products and services and those of third party suppliers, including descriptions, contact information, links and other specialised content (“Content”). And other features and services (“Services”). DrivenData makes no representation that the Content contained in this Website is appropriate or available for use throughout the world. It is forbidden to access this Website from territories where the legislation provides that the content or use of this Website is illegal. You choose to use this Website on Your own initiative, and it is Your responsibility to ensure that You conform to all applicable local laws.
©DrivenData Limited 2013. All rights reserved. This website is owned and operated by DrivenData Limited. All the content featured or displayed on this website, including all downloads available from it, is owned directly by DrivenData Limited unless otherwise stated. To the extent that DrivenData has the right to do so without compensation to third parties, and except for material specifically provided under other terms, DrivenData grants You permission to copy materials on this Website solely for Your non-commercial use in support of DrivenData services and solutions. You agree that any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original or any copies of DrivenData material must include DrivenData’s copyright notice.
Except as expressly authorized in advance by DrivenData, You agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any materials, including without limitation the Content and the Services, that are made available on or through this Website.
You may not, without DrivenData’s permission, “mirror” any material contained on this Website or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, mask work protection right or any other intellectual property right of DrivenData or any third party.
No material is used on this website without the permission of the copyright owner. If You are the copyright owner of any material used on this website and You believe that Your copyright is being infringed You should email firstname.lastname@example.org or call 01483 546500.
Confidentiality and our Property
You shall keep in strict confidence all technical or commercial know-how, databases and contacts, specifications, processes or initiatives which are of a confidential nature and have been disclosed to You by us, our employees, agents or sub-contractors and any other confidential information concerning the our business or its products which You may obtain. You shall restrict disclosure of such confidential material to such of its employees, agents or sub-contractors as need to know the same for the purpose of discharging Your obligations to us, and shall ensure that such employees, agents or sub-contractors are subject to obligations of confidentiality corresponding to those which bind You.
DrivenData does not want You to, and You should not, send any confidential or proprietary information to DrivenData via this Website.
This condition 4 shall survive termination of the contract between You and us, however arising.
Information Provided to DrivenData
All submissions of information through or in connection with this Website are governed by our privacy statement, which is hereby incorporated into this TOU by this reference.
In consideration of Your use of this Website and Services, You agree, where information is requested, to provide accurate, current, and complete information about Yourself, to maintain the accuracy and completeness of such information, and to update it promptly in the event of any change. You agree that if any information You provide is false, inaccurate, incomplete, or not current, we may terminate Your use of this Website and/or the Services. DrivenData is not liable for any loss or damage arising from Your failure to comply with any or all of the foregoing obligations.
As part of the registration process for certain Services, You will be asked to select a username and password. We may refuse registration to anyone, and/or require additional information prior to accepting any registration, in our sole discretion. Furthermore, we may refuse to grant You a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of Your username and password and agree not to transfer or resell Your use of or access to the Services or any part of the Content to any third party. If You have reason to believe that Your account with us is no longer secure, You must immediately notify us of the problem by emailing us at email@example.com.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Any submission by You to DrivenData, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of DrivenData. Furthermore, by Your submission You grant DrivenData an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. DrivenData shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
Rules of Conduct
While using this Website, You agree to comply with all applicable laws, rules, and regulations. In addition, DrivenData expects users of this Website to respect the rights and dignity of others, and Your use thereof is conditioned on Your compliance with the following Rules of Conduct. You will not:
- Transmit or otherwise make available in connection with this Website anything that is or may be:
(a) threatening, harassing, degrading, hateful, or intimidating;
(c) fraudulent or tortious;
(d) obscene, indecent, pornographic, or otherwise objectionable; or
(e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right, without the express permission of the owner of such right.
- Use this Website for any fraudulent or unlawful purpose; or transmit or otherwise make available in connection with this Website any material that would give rise to criminal or civil liability that encourages conduct that constitutes a criminal offense, or that encourages or provides instructional information about illegal or potentially illegal activities.
- Transmit or otherwise make available any material, non-public information about a company without the proper authorization to do so.
- Interfere with or violate any other Website visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of this Website without their express consent.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
- Impersonate any person or entity, including, but not limited to, any DrivenData agent or representative; falsely state or otherwise misrepresent Your affiliation with any person or entity; or express or imply that we endorse any statement You make, without our prior written consent.
- Transmit or otherwise make available in connection with this Website any virus, worm, Trojan Horse, easter egg, time bomb, web bug, cancelbot, “spyware,” or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
- Interfere with or disrupt the operation of this Website, or the servers or networks that host this Website or make this Website available; or disobey any requirements, procedures, policies, or regulations of such servers or networks.
- Restrict or inhibit any other person from using this Website, including by means of hacking or defacing any portion of this Website.
- Transmit or otherwise make available in connection with this Website any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunity, or any other form of solicitation.
Sell, license, or exploit for any commercial purposes any use of or access to the Content, Services or Website.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content, Services, or Website.
- Remove any copyright, trademark, or other proprietary rights notice contained in the Content, Services, or Website.
- Frame or mirror any part of this Website without DrivenData’s prior express written authorization.
- Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way determine, archive, reproduce, or circumvent the navigational structure or presentation of this Website.
- Create a database by systematically downloading and storing all or any of the Content from this Website.
Hypertext links are links by which visitors can move from one website to another or from one page to another within the same website. Deep links are hypertext links which take visitors into a particular page on a website whilst bypassing the homepage of that website. The website contains hypertext and deep links to third parties’ websites.
The links on the website will let You leave DrivenData’s Website. The linked sites are not under the control of DrivenData and DrivenData is not responsible for the contents of any linked site or any link contained in a linked site, any changes or updates to such sites, or any data that maybe collected and stored about You (if any). DrivenData is not responsible for webcasting or any other form of transmission received from any linked site. The inclusion of any link does not imply endorsement by DrivenData of the site.
Any hypertext links and deep links between our primary website and any third party website are provided for Your convenience only and we accept no liability whatsoever for the contents of any such third party website. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of third party website material causing any damage, costs, injury or loss of any kind. Please note when You link to a third party website the provisions of our privacy statement do not apply to any personal data collected and processed by that website’s operator. You agree that You will not create any hypertext or deep links between this Website and any other website without our prior written consent.
Limitation of Liability
DrivenData, its related companies, directors, employees, representatives or agents may not, under any circumstances be held liable for any direct, indirect, special, punitive, exemplary, incidental or consequential damages arising out of the use of (or the inability to use) this Website or any material on this Website. This includes, but is not limited to, the loss of data or loss of profit, even if DrivenData was advised of the possibility of such damages. If all or part of this liability is found unenforceable for any reason, then DrivenData’s maximum aggregate liability under such circumstances for liability that would otherwise have been limited shall not exceed one hundred British pounds (£100).
DrivenData attempts to provide accurate information on this Website. The information contained in this Website is not comprehensive and it may not be accurate, up to date or applicable to the circumstances of any particular case. We cannot accept any liability for any inaccuracies or omissions (other than for fraudulent misrepresentation) in this website and any decisions You make based on information contained in this website are Your sole responsibility. Information may be change on the website at any time without notice.
Material on this website is provided “as is” and does not constitute a warranty of any kind, either express or implied. DrivenData disclaims all warranties, expressed or implied. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. It also includes any expressed or implied warranties arising from any course of dealing, usage or trade practice.
Any material or software downloaded or otherwise obtained through the use of this Website is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material or software. No advice or information, whether oral or written, obtained by You from DrivenData or through or from this Website shall create any warranty not expressly stated in the TOU.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of this Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this Website may be subject to prosecution.
You agree that DrivenData, in its sole discretion, may terminate Your use of this Website or any part thereof, at any time and for any reason, including, without limitation, if DrivenData believes that You have violated or acted inconsistently with the letter or spirit of this TOU. You agree that any termination of Your access to this Website under any provision of this TOU may be effected without prior notice. Upon termination of this TOU, Your right to use this Website will immediately cease. DrivenData shall not be liable to You or any third party for any termination of Your access to this Website or any part thereof.
Your use of this Website and downloads from it, and the operation of this TOU, shall be governed in accordance with the laws of England and Wales. The English courts shall have exclusive jurisdiction over any dispute arising out of Your use of this Website, notwithstanding that DrivenData shall have the right to commence and prosecute any legal or equitable action proceeding before a non-UK court of competent jurisdiction in the event that such action is necessary or desirable.
In the event that any or any part of the terms contained in this TOU shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
This TOU and any document expressly referred to in it, represents the entire agreement between us in relation to the subject matter of any contract between You and us and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.