mParticle Terms of Service

These Terms of Use were last updated on June 28, 2017.

Please read these Terms of Use (these “Terms”) carefully before accessing or using any part of this website. You (a “User”) should read the following terms and conditions contained in these Terms carefully as they govern your access to and use of this website (the “Site”) including any services and information available through the Site. mParticle Inc. (“mParticle,” “We,”, or “Us”) is willing to permit use of the Site only on the condition that you accept all of the terms and conditions contained in these Terms and acceptance of the mParticle Privacy Policy.

If for any reason, you are unable or unwilling to agree to all our Terms, please immediately stop using or attempting to use the Site, because if you continue you will be agreeing to everything contained within these Terms.

We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Site after such changes have been published to these Terms will constitute your acceptance of such revised Terms.

1. License Grant

Subject to these Terms, we grant to you a limited, non-exclusive, non-transferable license to use our Site for your internal use and not for resale or further distribution. Your right to use our Site is limited by all terms and conditions set forth in these Terms. Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Site, including all related intellectual property rights. Our Site including our services are protected by applicable intellectual property laws, including United States copyright law and international treaties.

2. Access to our Services

We do not provide you with the equipment to access our Site. You are responsible for all fees charged by third parties related to your access and use of our Site (e.g., charges by Internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Site.

We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Site at any time, for any or no reason, with or without prior notice, and without liability.

3. Restrictions

You must comply with all applicable laws when using our Site. Except as may be expressly permitted by applicable law, or as mParticle may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Site (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Site or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Site to another person; (iv) use any Sit or Service Content for any purpose except for your own internal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Site; (vi) use our Site in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Site; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Site or any Service Content.

4. Privacy Policy

Our privacy policy is located at https://www.mparticle.com/privacypolicy/ and incorporated herein by reference. Your use of our Site may not cause mParticle to violate our privacy policy.

Our Site may display, or contain links to, third party products, services, and Web sites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Site, or which is accessible through or may be located using our Site (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.

We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Site, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Site.

You will not use our Site to: (i) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that 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; (viii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) “stalk” or otherwise harass another; or (xi) collect or store personal data about other users without their consent.

6. Use Policies

You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Site.

7. Trademarks

“mParticle,” the mParticle logo, and any other product or service name or slogan displayed on our Site are trademarks of mParticle, Inc. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of mParticle or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “mParticle” or any other name, trademark or product or service name of mParticle without our prior written permission. In addition, the look and feel of our Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of mParticle 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 our Site 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 thereof by us.

8. Feedback

We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Site (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Site. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, fully paid-up, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

9. Disclaimer of Warranties

YOUR USE OF THE SITE AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SITE AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED INDEMNITIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR ANY SERVICE CONTENT, AND YOU RELY ON THE SITE AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

10. Limitation of Liability

WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SITE AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SITE AND SERVICE CONTENT FOR THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY,” DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

12. Indemnity

You will defend, indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Site and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Site or Service Content.

13. Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the Service Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of mParticle in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction and of missile technology. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of mParticle outside the U.S. Neither the services of mParticle nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly: (a) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

14. Applicable Laws

All matters relating to your access to, and use of, the Site and Service Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of New York. Any legal action or proceeding relating to your access to, or use of, the Site or Service Content shall be instituted in a state or federal court in Manhattan, New York, NY. You and mParticle agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

15. Contacting Us

If you have any questions or concerns about our Site or these Terms, you may contact us at:

mParticle, Inc.
257 Park Avenue South, 9th Floor
New York, NY 10010
or by email at support@mParticle.com

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