BASIS TECHNOLOGY CORPORATION
1. Description of Services. The Website is offered to you, enabling access to a variety of resources, including download areas, product and other information, and the Services. Basis will try to provide uninterrupted access to the Website and Services; however, access may be suspended, restricted or terminated at any time and without notice, and if the Website and/or the Services are unavailable for any time for any reason, Basis shall not be liable.
2. Conduct When Using the Website or the Services and Limitations on Use. You understand that any content you post, upload, display or otherwise make available via the Services or the Website is solely your responsibility and that you solely are responsible for your conduct on the Website. This means that Basis is not responsible for any such content, and Basis does not guarantee the accuracy, integrity or quality of such content or that it does not violate any laws or rights of others. You further agree that you will not:
- Upload, reproduce, post, display, or otherwise make available any content on the Website or through the Services that is offensive, inappropriate, unlawful, harmful, threatening, abusive, or racially, ethnically or otherwise objectionable to any applicable laws and regulations;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content uploaded through the Services or the Website;
- Upload, reproduce, post, display, or otherwise make available any content on the Website or through the Services that (i) you do not have a right to make available under any law or under contractual or fiduciary relationships, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Modify, adapt or hack the Website or any of the Services or modify another website so as to falsely imply that it is associated with the Website;
- Interfere with or disrupt the Website, the Services or servers or networks connected to the Website or the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or the Services;
- Use any results of the Services to create a similar service;
- Access the Services for purposes of monitoring their availability, performance or functionality or for any other benchmarking or competitive purpose;
- Syndicate or otherwise publish any content containing, enhanced by or derived from the Services;
- Sell, resell, rent, lease, transfer, or sublicense the Services;
- Do bulk processing where you are adding minimal value beyond adding the metadata produced from the Services;
- Use the Services solely for evaluation purposes only (unless otherwise permitted in a written agreement signed between you and Basis)
- Use the Services via any automation or scripting;
- Use (if you are an internet service provider or other provider of internet connectivity) the Services in conjunction with any effort to track, monitor or analyze user behavior in any manner;
- Use any results or metadata produced by the Services to create a product or service similar to the Services (whether based on metadata retrieval or not);
- Access or reverse engineer the Services in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, or functions of the Services, or (iii) copy any ideas, features, or functions of the Services;
- Publish or perform any benchmark or performance tests or analysis relating to the Services or the use thereof without the prior express written consent of an authorized representative of Basis;
- Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Services, features or ideas from the Services or any portion of them;
- Use the Services in conjunction with deep packet inspection or similar monitoring technologies; or
- Violate any applicable laws with your use of the Website or the Services.
- Comply with legal obligations;
- Respond to claims that any content violates the rights of third parties; or
- Protect the rights, property or personal safety of any person.
3. Basis Rights to Posted Content and Metadata. By posting any content to the Website or the Service, you hereby grant Basis, for the duration of the legal protection of the intellectual property rights, a worldwide, perpetual, royalty-free, fully paid-up, sub-licensable, transferable and non-exclusive license to use, copy, distribute, reproduce, modify, translate, adapt to our standards and publicly display the content and any generated metadata, and otherwise use such content and metadata in developing and/or improving Basis products and/or in connection with the promotion of Basis products and services.
Please note that while Basis may retain the raw textual content submitted through the Services, Basis does not claim copyright over such submitted content.
4. Copyright Infringement and DMCA Policy. If you believe that material located on the Basis Website violates your copyright, you are encouraged to notify Basis Technology Corporation in writing (addressed to Basis Technology Corporation, One Alewife Center, Cambridge, MA 02140 Attn: General Counsel) in accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3). Basis will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Basis or others, Basis may, at its discretion, terminate or deny access to and use of the Website and/or Services.
5. Third Party Websites. Basis has no control over any of the third party websites to which the Website has links, and Basis assume no responsibility for the contents of any such third party websites. These links are provided solely as a convenience. If you use these links, you will leave the Website. Basis excludes all liability arising therefrom and does not endorse or make any representations about them or any information, software or other products or materials found there, or any results that may be obtained by using them.
Basis hereby grants you a limited non-exclusive and nontransferable license to access and make personal use of the Website and the Services and not to download (other than page caching) or modify them, or any portion of them, except the prior express written consent of an authorized representative of Basis.
For the avoidance of doubt, this clause does not permit any resale or commercial use of the Website or its contents or the Services; any derivative use of the Website or its contents or the Services, or the use of robots, data mining or similar data collection and/or extraction tools is strictly prohibited. Any unauthorized use terminates the permission or license granted by Basis.
Without limiting the foregoing, copying and reproduction of such software to any other server or location for further reproduction or redistribution is expressly prohibited.
9. EXCLUSIONS. THE WEBSITE, THE SERVICES, AND THE DATA CONTAINED THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION OR OTHER TERM OF ANY KIND, EITHER EXPRESS OR IMPLIED AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION CONTENT, MATERIALS OR PRODUCTS ON THE WEBSITE AND/OR IN THE SERVICES. BASIS EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS CLAUSE MIGHT HAVE AN EFFECT IN RELATION TO THE WEBSITE AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. BASIS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE.
10. LIMITATIONS OF LIABILITY. UNLESS OTHERWISE AGREED BY THE PARTIES, ACCESS TO THE WEBSITE AND THE SERVICES IS FREE, AND THEREFORE YOU AGREE THAT BASIS IS NOT RECEIVING ANY CONSIDERATION TO ASSUME ANY LIABILITY THAT CAN BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Basis OR any of its subsidiaries OR the officers, directors, employees, shareholders or agents of any of them BE LIABLE for any DIRECT OR GENERAL DAMAGES, OR indirect, incidental, exemplary, punitive, special or consequential damages (including loss of profits, revenue, data, or use), incurred IN ANY CASE by the other party or any third party, whether in an action in contract or tort OR OTHERWISE, even if advised of the possibility of such damages, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATED TO THE USE OF THE WEBSITE OR THE SERVICES.
11. Termination. Without limiting any of the obligations above, Basis has the right (though not the obligation) to, in Basis’s sole discretion (i) refuse to provide the Services to you if the provision of Services would violate any Basis policy or applicable law or regulation or is in any way harmful or objectionable, or (ii) immediately terminate or deny access to and use of the Services to any individual or entity for any reason.
If you wish to terminate this Agreement you may simply cease using the Services and/or the Website.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Electronic Communications. When you visit the Website or send e-mails to Basis, you are communicating with Basis electronically, and you consent to receive communications from Basis electronically. Basis will communicate with you by e-mail or by posting notices on the Website. You agree that, to the extent permitted by applicable law, all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Basis servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. Basis receives Log Data when you interact with the Website and/or the Services, for example, when you visit the Website or use the Services. Basis uses Log Data to provide the Services and to measure, customize, and improve them.