PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU: (A) HAVE READ ALL OF THESE TERMS; (B) UNDERSTAND ALL OF THESE TERMS; AND (C) AGREE TO BE LEGALLY BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. WE SUGGEST YOU PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.These Terms of Service (these “Terms”) apply when you access or use any website, mobile application and other online product and service (collectively, the “Services”) of Hexanika, Inc. (“Hexanika,” “we” or “us”). These Terms do not alter the terms or conditions of any other agreement you may have with Hexanika for specific products or services. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and Hexanika for violations of these Terms. Nothing in these Terms will be deemed to confer any third-party rights or benefits.
A) UPDATES TO THESE TERMS
We reserve the right to modify any provisions of these Terms and any policies or guidelines governing your use of the Services at any time at our discretion and without liability to you. The modifications will be effective immediately upon posting the modified Terms on the Services, and you waive any right you may have to receive specific notice of the modifications. Your continued use of the Services following the posting of the modifications constitutes your acceptance to the modifications. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Services to understand the terms and conditions applicable to your use of the Services. If you do not agree to any modifications to these Terms or to any applicable policies or guidelines on the Services, you must stop using the Services.
C) THE SERVICES
As part of the Services, Hexanika may offer training, support and professional services to help you install, configure, optimize, tune and run computer programs, including Apache Hadoop for large scale data processing and analysis. Hexanika also develops, distributes and maintains proprietary and open source software products for its customers. The Services may be provided by Hexanika or its third-party service providers. Hexanika reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you.
Content; Interactive Features or Areas
The Services may include discussion forums, blogs, private messages, emails or other interactive features or areas where you or other users can create, post, transmit or store content, including (but not limited to) text, music, sound, photos, images, video, graphics, code and other items or materials (collectively, “Content”). Content posted on interactive areas of the Services is publicly viewable to others. You are solely responsible for your Content and for your use of such interactive areas, which you use at your own risk.
By using the interactive areas of the Services, you will not, and will not allow or authorize any third party to, post, upload to, transmit, distribute, store, create, solicit, disclose or otherwise publish through the Services any of the following:
- Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- Content that may infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including (but not limited to) addresses, phone numbers, email addresses, Social Security numbers and payment card information;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- Content that, in the sole judgment of Hexanika, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or may expose Hexanika or our users to any harm or liability of any type.
You will not violate any law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while on the Services. You will not do, and will not allow or authorize any third party to do, any of the following:
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or conceal or misrepresent the identity of senders of emails, for the purpose of sending spam or other commercial messages;
- Harvest or collect information about other users, including their email addresses, without their consent;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
- Use or attempt to use any account you are not authorized to use;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with Content and the Services without our prior written consent; and
- Use the Services for any illegal or unauthorized purpose or engage in, encourage or promote any activity that violates these Terms.
Hexanika is not responsible or liable for the conduct of, or your interactions with, any other users of the Services (whether online or offline), or for any associated loss, damage, injury or harm. As a provider of interactive services, Hexanika is not liable for any statements, representations or Content provided by our users through the interactive area of the Services. Although Hexanika has no obligation to screen, edit or monitor any Content, Hexanika reserves the right, and has the discretion, to remove, screen or edit any Content posted or stored on the Services at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any Content you post or store on the Services at your sole cost and expense.
Rights in Content
By submitting or posting Content on the Services, you hereby grant to Hexanika a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content in connection with providing the Services. You also grant Hexanika the right to use your name, location and any other information you submit in connection with such Content. The use of your or any other user’s name, likeness, voice or identity in connection with various features on the Services does not imply any endorsement of such features or of the Services unless explicitly stated otherwise.
By posting Content to the Services, you represent and warrant the following: (i) such Content is non-confidential; (ii) you own and control all of the rights to the Content that you post or you otherwise have all necessary rights to post, distribute and reproduce such Content to the Services; (iv) the Content is accurate and not misleading or harmful in any manner; and (v) the Content and your use and posting of the Content do not and will not violate these Terms or any applicable law, rule or regulation.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding the Services, Hexanika or Hexanika’s products or services (collectively, “Submissions”) that you communicate to Hexanika (whether by email, any postings on the Services or otherwise) are non-confidential and will become the sole property of Hexanika. Hexanika will own exclusive rights, including all intellectual property rights and will be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge that Hexanika may have ideas or materials similar to Submissions already under consideration or development and that you are not entitled to compensation or reimbursement from Hexanika of any kind in connection with Submissions.
D) ACCOUNT TERMS
You represent and warrant the following:
- You are authorized to use and have fees charged to the PayPal account, credit card or debit card number you provide via the Services for any payments due.
- All of your registration and account information is true, accurate and complete.
You will maintain the security of your password. You accept all responsibility for all activity that occurs under your user name and all risks for any unauthorized access to your registration and account information and any other information you provide to Hexanika. Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account without, if applicable, any refund.
In order to create an account, you must be 13 years of age or older. If children between the ages of 13 and 18 wish to use the Services, they must be registered by their parent or guardian. By registering, you represent and warrant that you are 13 years of age or older.
The Services and all content and other materials on the Services, including, but not limited to, the Hexanika effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials”) are our property or that of our licensors or users and are protected by United States and/or international copyright laws.
The Hexanika logo, SmartJoin, SmartReg, DRaaS, RaaS, Banking on Big Data, Data Readiness as a Service, Reporting as a Service, and any other product or service names, taglines, or slogans contained in the Services are trademarks of Hexanika, except as otherwise noted, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hexanika (the “Trademarks”). You may not use any metatags or any other “hidden text” utilizing the Trademarks of Hexanika without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Hexanika and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services, including but not limited to Hadoop and its logos, are the property of their respective owners Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Hexanika.
H) LIMITED LICENSE AND RESTRICTIONS
We grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Services and the Materials solely in accordance with, and subject to, these Terms and any other of our policies as posted on the Services. Except as otherwise expressly permitted by these Terms, you may not do any of the following: (i) collect, use, copy or distribute any portion of the Services or the Materials; (ii) resell, publicly perform or publicly display any portion of the Services or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Services or the Materials; (iv) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy or monitor any portion of the Services; (v) use the Services in a manner which results in the depletion of Website infrastructural resources; (vi) download (other than page caching) any portion of the Services, the Materials or any information contained therein; or (vii) use the Services or the Materials other than for their intended purposes.
I) THIRD-PARTY CONTENT
We may host or provide links to products, Web pages, Websites and other content of third parties (“Third-Party Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Website or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for, Third-Party Content or for the quality, accuracy, nature, ownership or reliability of Third-Party Content. Users, including you, may use these links and the Third-Party Content contained therein at their own risk. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which you navigate from the Services.
J) ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES
We may run advertisements and promotions from third parties on the Services or may otherwise provide information or links to third-party products or services on the Services. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third-party advertisers or third-party information on the Services.
K) DISCLAIMER OF WARRANTIES
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, ALL PRODUCTS, INCLUDING NEW AND USED PRODUCTS PURCHASED THROUGH THE SERVICES AND THE MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. HEXANIKA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE CONTENT AND MATERIALS CONTAINED THEREIN. WE DO NOT WARRANT THAT THE SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, SECURE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
L) LIMITATION OF LIABILITY
IN NO EVENT WILL HEXANIKA OR DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA ) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE MATERIALS AND ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) AND EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS EXCEED THE COMPENSATION YOU PAY, IF ANY, TO HEXANIKA FOR ACCESS TO OR USE OF THE HEXANIKA WEBSITE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
M) INDEMNIFICATION AND RELEASE
You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, suppliers, agents and employees (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third-party claims), suit, action, or proceeding against any of the Indemnified Parties, whether successful or not, resulting from or arising in connection with any of the following: (i) your use of the Services or the Materials; (ii) your conduct; (iii) your violation of the rights of any third party; (iv) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); (v) any Content you upload to, post on, create on, transmit through or link from the Services; or (vi) the disclosure, solicitation or use of any personal information by you, whether with or without your knowledge or consent.
Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and at our discretion, to terminate any of your rights under these Terms (including, but not limited to, your right to use the Services) and to block or prevent your access to and use of the Services for any or no reason.
O) ELECTRONIC COMMUNICATIONS
Notwithstanding any terms to the contrary in these Terms, Hexanika may choose to electronically deliver all communications with you, which may include the following: (i) email to your email address indicated in your communications with Hexanika or upon registration with the Services; or (ii) posting messages that are displayed to you when you log in to or access the Services. Hexanika’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with Hexanika, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.
P) NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated: Yogesh Pandit
Address Where Notification Should be Sent: 90 Washington Street, New York, NY 10010
Telephone Number: +1 (888) 123-4567
Email Address: info@Hexanika.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Hexanika has adopted a policy of terminating, in appropriate circumstances and at the discretion of Hexanika, account holders who are deemed to be repeat infringers. Hexanika may also at our discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
These Terms and your use of the Services will be governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Manhattan County, New York. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. None of your rights or duties under these Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. If any provision of these Terms is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal or incapable of being enforced, the parties will negotiate in good faith to modify the Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled. The headings of the sections of these Terms are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections.
R) CONTACT US
Questions or comments about the Services may be directed to Hexanika at the email address info@Hexanika.com. If you believe there is a violation of these Terms and you would like to report it to us, please direct the information to info@Hexanika.com. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.