YOUR USE OF THE DATABASE SERVICES
You may not attempt to gain unauthorized access to any portion or feature of the Database Services, or any other systems or networks connected to the Database Services or to any JawsDB server, or to any of the s offered on or through the Database Services, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Database Services or any network connected to the Database Services, nor breach the security or authentication measures on the Database Services or any network connected to the Database Services.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Database Services or JawsDB’s systems or networks, or any systems or networks connected to the Database Services or to JawsDB.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Database Services or any transaction being conducted on the Database Services, or with any other person’s use of the Database Services.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to JawsDB on or through the Database Services or any offered on or through the Database Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You warrant that you are the owner of all data uploaded onto and maintained on JawsDB Database Services.
CHANGES TO AND SUSPENSION OF SERVICES
JawsDB reserves the right, in its sole discretion, to change, suspend, discontinue, or terminate the Database Services or any and all content, applications, materials, and other items used or contained in the Database Services at any time and from time to time and without notice or explanation, for any or no reason, and without any liability to you. JawsDB reserves the right in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your access to the Database Services or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without any liability to you.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features offered on or through the Database Services may require you to open an account. You agree to provide true and accurate information when opening an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify JawsDB immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by JawsDB or any other user of or visitor to the Database Services due to someone else using your ID, password or account.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. JawsDB cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
You will pay the applicable fee set forth in the pricing schedule on JawsDB’s website pursuant to the level of service you choose.
All Database Services and any intellectual property developed by JawsDB in the course of providing the Database Services are the exclusive and confidentiality property of JawsDB. JawsDB maintains all right, title and interest to these rights and your use of the Database Services does not confer any ownership rights to the Database Services.
By using the Database Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Database Services 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. By using the Database Services, you consent to have your personal data transferred to, and processed in, the United States.
RULES OF CONDUCT
Your use of this Database Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage this Database Services is a violation of criminal and civil laws. JawsDB reserves the right to seek damages from any such person to the fullest extent permitted by law. In addition, you agree not to post or transmit through this Database Services any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on this Database Services that restricts or inhibits any other user from using or enjoying this Database Services by “hacking”, “cracking”, “spoofing”, or defacing any portions of this Database Services.
You may not post or transmit through this Database Services advertising or commercial solicitations; promotional materials relating to Database Services or online s which are competitive with JawsDB and/or this Database Services; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of this Database Services or its contents. You may not harvest or collect information about Database Services visitors without their express written consent.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE DATABASE SERVICES IS AT YOUR SOLE RISK. THE DATABASE SERVICES, INCLUDING ANY CONTENT, APPLICATIONS, INFORMATION, SOFTWARE, PRODUCTS OR MATERIALS PROVIDED BY OR ON THE DATABASE SERVICES, ARE PROVIDED ON AN .AS IS. BASIS AND TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, JAWSDB HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
JAWSDB CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE DATABASE SERVICES. JAWSDB SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE ACCESS TO THE DATABASE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE. JAWSDB DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA, OR MATERIALS ON THE DATABASE SERVICES OR DOWNLOADED THROUGH THE DATABASE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE DATABASE SERVICES OR ANY APPLICATIONS OR CONTENT PROVIDED BY JAWSDB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND/OR DOWNLOADING OF ANY SUCH APPLICATIONS, CONTENT, DATA, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE, AND OTHER MALICIOUS CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY OF THE FOREGOING AND ANY DAMAGES TO YOUR MOBILE DEVICE, COMPUTER, DATABASE, OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT FROM ANY OF THE FOREGOING. JAWSDB CANNOT AND DOES NOT GUARANTEE THAT ANY DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED, REGARDLESS OF WHETHER JAWSDB IS AWARE OF THESE DEFECTS, ERRORS OR OMISSIONS.
YOU ARE SOLELY RESPONSIBLE FOR SECURING AND BACKING UP ANY APPLICATION, PROJECT OR DATA.
LIMITATION OF LIABILITY
IN NO EVENT SHALL JAWSDB, ITS AFFILIATES, OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF, OR RESULTING FROM, YOUR USE OF THE DATABASE SERVICES, EVEN IF JAWSDB IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF JAWSDB REASONABLY COULD HAVE FORESEEN, THE POSSIBLITY OF SUCH DAMAGE, HOWEVERY THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (A) THE USE OF OR THE INABILITY TO USE THE DATABASE SERVICES (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE DATABASE SERVICES; © STATEMENTS OF CONDUCT OF ANY THIRD PARTY ON THE DATABASE SERVICES, INCUDING WITHOUT LIMITATION UNUTHORIZED ACCESS TO OR ALTERATION OF TRANMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONGTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
JawsDB may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Database Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) JawsDB’s rights or property, or the rights or property of visitors to or users of the Database Services, including JawsDB’s customers. JawsDB reserves the right at all times to disclose any information that JawsDB deems necessary to comply with any applicable law, regulation, legal process or governmental request. JawsDB also may disclose your information when JawsDB determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that JawsDB may, in its sole discretion and without prior notice, terminate your access to the Database Services, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Database Services or any offered on or through the Database Services, or (4) unexpected technical issues or problems.
CHOICE OF LAW
These Term of Use, and any disputes arising directly or indirectly out of these terms shall be governed by and construed by the laws of the State of California, excluding its conflict of laws principles.
Each party will comply with all applicable export and import laws and associated embargo and economic sanction regulations, including those of the United States, that prohibit or restrict export, re-export, or transfer of products, technology, services or data, directly or indirectly, to certain countries, or for certain end uses or users.
Nonperformance of either Party shall be excused to the extent that the performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, or any other non-economic reasons where failure to perform is beyond the control and not caused by the negligence of the non-performing Party (“Force Majeure Event”), provided that such Party give the other Party prompt written notice of the failure to perform and the reason therefor and uses commercially reasonable efforts to limit the resulting delay in performance.