TERMS OF USE

This Terms of Use (“Terms,” “Terms of Use”) is made between Treasure Data, Inc. (“Treasure Data,” “we,” “us,” or “our”) and you, whether personally or on behalf of an entity (“you”), regarding your access to and use of the https://www.cdp.com website as well as its subdomains via other media form, media channel, or mobile website (collectively, the “Website”). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU MUST DISCOUNTINUE USE IMMEDIATELY AND YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE.

Your access to and use of the Website is conditioned on your acceptance and compliance with these Terms. These Terms of Use apply to all visitors, users, and others who access or use the Website. Treasure Data reserves the sole discretion to modify or change the Terms from time to time. We will update the “Updated” date with each modification or change. By using the Website, you agree to waive any right to receive specific notice of such change or modification.

  1. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated on this Website, the Website, and all of its codes, Content, and Trademarks, is the proprietary property of Treasure Data. “Content” may include visual designs, video, text, photograph, and graphics on the Website. “Trademarks” may include trademarks, services marks, and logos. The Content is provided on the Website as-is for your information only. Except for our prior written permission, you may not copy, reproduce, republish, post, translate, sell, distribute, license, or otherwise exploit our Website, Content, or Trademark without properly and appropriately attribute credit to the Website or Treasure Data.

  1. RESTRICTED ACTIVITIES

You shall not

  • Use the Website in any manner or for any purpose other than expressly permitted by this Terms of Use.
  • Share, reproduce, copy, post, translate, sell, sublicense or distribute the Content or the Website, whether for profit or not, without the proper and appropriate attribution of credit back to the Website or Treasure Data.
  • Copy, modify, or otherwise create derivative works based on the Content of the Website without the proper and appropriate attribution of credit back to the Website or Treasure Data.
  • Remove or modify any proprietary rights notice in the Content or the Website.
  • Use the Website, Content, or Trademark to create, use, send, store, or run viruses or other harmful computer code, files, scripts, agents or other programs, or otherwise engage in malicious act of disrupt of security, integrity or operation.
  • Interfere with, compromise, or degrade the integrity or performance of the Website or materially adversely affect other users’ use of the Website or the networks or systems of other parties.
  • Use the Website in violation of applicable laws, rules, or regulations. Use of the Website to infringe the intellectual property rights or otherwise violates the rights of Treasure Data or any third party.

 

  1. PRIVACY POLICY

Please review our Privacy Policy: https://www.cdp.com/privacy. By using the Website, you expressly acknowledge the Privacy Policy is an incorporated part of the Terms and you agree to be bound by our Privacy Policy. Please note that the Website is hosted in the United States. Through your continued use of the Website, you are transferring data to the United States, and you agree to have your data transferred to and processed in the United States.

  1. TERMINATION

We may terminate or suspend access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, Intellectual Property Rights, Restricted Activities, Privacy Policy, Governing Law, and Dispute Resolution.

  1. GOVERNING LAW and DISPUTE RESOLUTION

This Terms of Use shall be construed in accordance with and governed by the laws of the State of California. Any legal suit, action or proceeding arising out of or relating to this Agreement will be commenced in the federal and/or state courts, as applicable, in Santa Clara County, California. The conflict of laws principles and the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and are hereby expressly excluded.

  1. DISCLAIMER

THE WEBSITE IS PROVIDED ON AN AS-IS BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND ITS CONTENT WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TREASURE DATA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE ABOVE, TREASURE DATA DOES NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FREE FROM ANY BUGS, VIRUSES, TROJAN HORSES OR INTERRUPTION, OR WILL MEET THE REQUIREMENTS OF YOU OR OTHER USERS.

  1. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY LOST PROFITS (DIRECT OR INDIRECT), LOSS OF BUSINESS, REPUTATION, OR GOODWILL, LOSS OF USE OR DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OR FORM OF ACTION WHATSOEVER WILL BE LIMITED TO $500 USD, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

  1. INDEMNIFICATION

You agree to defend and indemnify us, including our affiliates, and all of our respective officers, agents, employees, from and against any loss, damages, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising out of your use of the Website, breach of these Terms, and your violation of the rights of third party, including but not limited to intellectual property rights.

  1. CONTACT US

In order to resolve a complaint regarding the Website or its Content, please contact us at:

Treasure Data, Inc.
800 W. El Camino Real, Suite 180
Mountain View, CA 94040
Attn: Legal Notices
legalnotices@treasure-data.com