Terms And Conditions
April 11, 2023 2023-04-24 7:45Terms And Conditions
Terms And Conditions
Welcome to DataValley!
This Terms and Conditions Agreement constitutes a legal agreement between you and DataValley governing your use of the DataValley website, as well as any services, products, features, or functionalities provided by the Company through the Site. By accessing or using the Site or Services, you agree to be bound by these Terms and Conditions, which constitute a binding legal agreement between you and DataValley.
Please read these Terms and Conditions carefully before using our Site or Services. If you do not agree to these Terms and Conditions, you should not use our Site or Services. We reserve the right to modify or update these Terms and Conditions at any time, and you agree to be bound by any such modifications or updates. If you do not agree to any modified or updated Terms and Conditions, you should discontinue using our Site or Services.
Acceptance of Terms and Conditions
By accessing or using the Site or Services, you acknowledge that you have read and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use our Site or Services.
By accepting these Terms and Conditions, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are accessing or using the Site or Services on behalf of a company or organization, you represent and warrant that you have the authority to bind such company or organization to these Terms and Conditions.
If you are using the Site or Services on behalf of a company or organization, you acknowledge and agree that these Terms and Conditions apply to both you and the company or organization, and that you are responsible for ensuring that the company or organization complies with these Terms and Conditions.
Account Creation and Security
To access certain features of the Site, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Acceptable Use
- You agree to use the Site and the Services only for lawful purposes and in a manner consistent with all applicable laws and regulations.
- You agree not to use the Site or the Services in any way that could damage, disable, overburden, or impair the Site or the Services or interfere with any other party’s use and enjoyment of the Site or the Services.
- You agree not to use any automated means, including robots, spiders, or other data mining tools, to download or scrape data from the Site or the Services.
- You agree not to use the Site or the Services to distribute, post, or transmit any unlawful, fraudulent, abusive, defamatory, obscene, or otherwise objectionable content.
- You agree not to use the Site or the Services to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
- You agree not to use the Site or the Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree not to use the Site or the Services to engage in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation.
Restrictions and Prohibited Uses
- You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site or the Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- You agree not to:
- Use the Site or the Services for any commercial purpose without our prior written consent.
- Use any manual process to monitor or copy any of the material on the Site or the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site or the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or the Services, the server on which the Site or the Services are stored, or any server, computer, or database connected to the Site or the Services.
- Attack the Site or the Services via a denial-of-service attack or a distributed denial-of-service attack.
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- You agree not to use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.
- You agree not to use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without our express written consent.
Intellectual Property Rights
- Ownership of Content: The Company retains all rights, title, and interest in and to the Site, the Services, and any content or materials made available through the Site or the Services, including without limitation, software, images, graphics, logos, trademarks, and other proprietary information (collectively, the “Content”). You acknowledge and agree that the Content is protected by copyright, trademark, and other laws, both in the United States and internationally.
- Limited License: Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and the Services solely for your personal, non-commercial use.
- Restrictions: You may not copy, modify, distribute, sell, or transfer any Content, in whole or in part, without the prior written consent of the Company. You may not reverse engineer, decompile, or disassemble any software used in connection with the Site or the Services, except to the extent that such activity is expressly permitted by applicable law.
- User Content: You retain all rights in any content or materials that you upload, post, transmit or otherwise make available through the Site or the Services (“User Content”). By uploading, posting, transmitting or otherwise making available any User Content, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, reproduce, modify, distribute, and display such User Content in connection with the Site and the Services.
- Copyright Infringement: If you believe that your work has been copied and posted on the Site or the Services in a way that constitutes copyright infringement, please provide the Company’s designated Copyright Agent with the following information:
a. A description of the copyrighted work that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site or the Services;
c. Your address, telephone number, and email address;
d. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
User-Generated Content and Submissions
- By submitting any content to the Site, including but not limited to text, images, videos, audio clips, or any other materials (“Content”), you grant DataValley a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content in any media, now known or hereafter devised, for any purpose, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
- By submitting any Content, you represent and warrant that you have the right to do so, that the Content is accurate, that use of the Content on the Site or through the Services does not violate any third-party rights, including without limitation any intellectual property rights, publicity or privacy rights, and that the Content complies with these Terms of Service and all applicable laws and regulations.
- You agree not to submit any Content that is defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party. DataValley reserves the right, but not the obligation, to remove any Content from the Site at any time for any reason, including without limitation if we determine in our sole discretion that such Content violates these Terms of Service or is otherwise inappropriate.
- You acknowledge that DataValley does not pre-screen or monitor User-Generated Content, but that DataValley and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User-Generated Content that is available on the Site or through the Services.
- DataValley does not claim ownership of any Content that you submit to the Site or through the Services. However, by submitting any Content, you hereby grant to DataValley a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, adapt, publish, translate and create derivative works of your Content in connection with the Site and the Services.
- You acknowledge that DataValley may preserve and disclose User-Generated Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any User-Generated Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of DataValley, its users, or the public.
Privacy Policy and Data Collection
DataValley takes your privacy very seriously. By using our Site and Services, you agree to the terms of our Privacy Policy, which describes how we collect, use, and share information about you. Our Privacy Policy is incorporated into this Agreement by reference and can be found on our Site.
You agree that any information you provide to us through the Site or the Services, including personal information, will be true, accurate, current, and complete. You also agree to update your information as necessary to keep it accurate and complete.
We may collect certain information automatically as you use our Site and Services, including your IP address, browser type, and operating system. We may also use cookies and similar technologies to collect information about your use of our Site and Services. You can set your browser to refuse all or some cookies or to alert you when cookies are being sent. However, some parts of our Site and Services may not function properly if you disable cookies.
We may use the information we collect from you to provide and improve our Site and Services, to respond to your inquiries and requests, to customize your experience, to communicate with you, and for other purposes described in our Privacy Policy.
By using our Site and Services, you acknowledge that you have read and agree to our Privacy Policy and consent to our collection, use, and sharing of your information as described in our Privacy Policy.
Payment and Billing Terms
1. Payment
1. Payment
1.1. The Company provides various Services that may require payment before accessing or using them.
1.2. You agree to pay for all Services you purchase through the Site.
1.3. The Company reserves the right to change its fees and charges at any time, and will provide notice of any such change on the Site or through email to registered users.
1.4. You are responsible for paying all fees and charges associated with your use of the Services, including applicable taxes.
2. Refunds and Cancellations
2. Refunds and Cancellations
2.1. The Company may, at its sole discretion, offer refunds or cancellations for Services purchased through the Site.
2.2. Refund and cancellation policies are outlined on the Site or will be provided to you upon request.
2.3. The Company reserves the right to modify its refund and cancellation policies at any time.
3. Billing Disputes
3. Billing Disputes
3.1. If you have any questions or concerns regarding billing or charges, please contact the Company immediately.
3.2. If you dispute any charges, you agree to contact the Company in writing within 30 days of the date of the disputed charge.
3.3. Failure to timely notify the Company of a billing dispute will constitute a waiver of your right to dispute the charges.
4. Automatic Renewal
4. Automatic Renewal
4.1. For Services that require recurring payments, you agree to automatic renewal of such Services until you cancel or terminate them.
4.2. You may cancel or terminate such Services at any time, but the Company will not refund any fees or charges for Services cancelled or terminated before the end of the current billing cycle.
Refund and Cancellation Policy:
1. The Company provides refunds for services in accordance with the following terms and conditions:
1.1. If you are not satisfied with our services, you can request a refund within 3 days of your initial purchase.
1.2. To request a refund, you must submit your request to the Company’s customer support team.
1.3. The Company will process your refund request within 10 business days of receiving your request.
1.4. The Company will issue a refund to the original payment method used for the purchase.
1.5. The Company reserves the right to refuse a refund if the refund request is made after the 3-day refund period, if the Company believes that the refund request is fraudulent or if the Company believes that you have violated the Company’s terms and conditions.
1.6. The Company reserves the right to deny any refund request if we suspect abuse of our cancellation policy or any other fraudulent activity.
1.7. Please note that any third-party fees, such as transaction fees, are non-refundable.
2. DataValley understands that sometimes circumstances change, and you may need to cancel or request a refund for a service provided through our Site. We want to ensure that our cancellation policy is transparent and fair to all parties involved. Therefore, the Company provides refunds for services in accordance with the following terms and conditions:
2.1. You may cancel your subscription at any time by contacting the Company’s customer support team.
2.2. The cancellation will take effect at the end of the current billing cycle.
2.3. The Company reserves the right to cancel your subscription if you violate the Company’s terms and conditions.
2.4. If the Company cancels your subscription, you will receive a prorated refund for the unused portion of your subscription.
Indemnification:
You agree to indemnify and hold harmless DataValley, its affiliates, officers, directors, employees, agents, and representatives from any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Site, your violation of this Agreement, or your violation of any rights of another.
You also agree to indemnify and hold harmless DataValley, its affiliates, officers, directors, employees, agents, and representatives from any claims arising out of or in connection with any User-generated content or Submissions that you post, transmit, or make available through the Site or the Services, your use of the Site or the Services, or your violation of any rights of another.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Changes to the agreement
DataValley reserves the right to modify this Agreement at any time, at its sole discretion. Any changes to this Agreement will be effective immediately upon posting on the Site. Your continued use of the Site or the Services following any such modifications shall be deemed your acceptance of such modifications. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. If you do not agree to the modified terms and conditions, you must stop using the Site and the Services immediately.
Contact Information for the Website and Its Owners
If you have any questions, comments, or concerns regarding this Agreement or the Site, please feel free to contact us using the “Contact Us” details provided on the Site.