(Last updated: June 10, 2019)
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
1. User Access
2. Acceptable Use
You agree not to use knoema.com, any Knoema platform, Knoema API, Knoema Data Repository, Knoema Tools, Knoema Application, or Knoema Brand & Links (collectively referred to as the “Knoema Applications”) in any way that is unlawful, or harms Knoema, its service providers, its suppliers, your end users, or any other person. Use of the Online Services via mechanical, robotic, scripted or any other automated means without written prior approval by Knoema is strictly prohibited. Nothing herein grants such preapproval. Further, pursuant to Section 12 below, Knoema may terminate your use of and access to Knoema.com, the Knoema API, Knoema Data Repository, and Knoema Brand & Links or access thereof if and when Knoema determines that your use is inappropriate.
3. Copyright and Limited License
(3)(1) Unless otherwise indicated, all Knoema Applications and all content in Knoema Applications are the proprietary property of Knoema or its licensors or users. You are granted a limited, non-sublicensable, and nontransferable license to access and use the Knoema Applications and services.
(3)(2) On behalf of yourself and/or any of your contractors or agents, you agree not to: A) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, any Knoema Applications; B) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to any Knoema Applications or source code; C) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from tany Knoema Applications, including any copy thereof; D) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Knoema Applications, or any features or functionality of any Knoema Application, to any third party for any reason, including by making the foregoing available on a network where it is capable of being accessed by more than one device at any time.
4. Children Under the Age of 16
6. User Content
Knoema allows users to upload datasets, create content in form of pages, visualizations and tables, and collaborate with other users. You are solely responsible for you content in any of these areas. You agree to not to create datasets or post content for any of the following: a. Content that is unlawful, defamatory, obscene, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or objectionable. b. Content infringing any patent or violates and copyrights/licenses. c. Content misrepresenting affiliations and entities. d. Content containing third party private information.
7. Rights to Content
You own and retain the copyrights to all the content you post. You are responsible for providing access and sharing your content with other users. You grant Knoema an irrevocable right to use, reproduce and publish in connection with the offered services.
8. Subscription Features
Knoema offers and may add more features on subscription or other fee basis. However, Knoema also reserves the right to modify or change the services and data available through its subscription services or other fee basis without prior notice. If subscribed, you agree to pay all fees agreed at the time of signing for the subscription or fee agreement. Any purchase of a subscription or other fee basis is restricted to the named user on the subscription and may not shared or transferred.
9. Ideas and Suggestions
Any ideas and suggestions made by you on Knoema services will be sole property of Knoema.
10. External Content
Knoema may offer content with third party links and will offer features to users to be able to surface third party content in form of links. Knoema does not monitor or have control over the third party content and is not responsible for third party content. Where we provide a hyperlink to a third party's website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to that on our website or that may contain material relevant to our users. Such a hyperlink does not signify that Knoema or its has reviewed or approved of the connected third party's website or its contents nor does it necessarily reflect the opinions or views of Knoema.
11. Refund Policy
In line with our commitment to customer satisfaction, we have one of the most liberal refund policies around. If you write in to request a refund within 5 days of making any form of payment, you will get a full refund, no questions asked. After 5 days, refunds will be considered on a case-by-case basis.
12. Termination of Service
13. Disclaimer of Warranties
THE SITE, KNOEMA TOOLS AND ANY KNOEMA APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KNOEMA BE RESPONSIBLE FOR INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY ,SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR CONTENT, LOST PROFITS, LOSS OF GOODWILL, OR ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE KNOEMA APPLICATIONS. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER KNOEMA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Knoema and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Knoema Applications or your breach of this Agreement, including but not limited to the content you submit or make available through the Knoema Applications.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
17. Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of Massachusetts without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts in each case located in Boston and Suffolk County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Entire Agreement
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.