10gen, Inc. Website Terms of Use

THESE TERMS AND CONDITIONS ("TERMS") GOVERN YOUR USE OF THE 10gen WEBSITE ON THE INTERNET ("SITE") AND ANY OTHER THE SERVICES AVAILABLE ON THIS SITE ("SERVICES") AND ARE LEGALLY BINDING ON YOU AS IF YOU SIGNED A CONTRACT WITH 10gen. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT 10gen MAY MAKE CHANGES TO THESE TERMS AT ANY TIME WITH OR WITHOUT PRIOR NOTICE TO YOU. 10gen WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES IN THE TERMS. IN ADDITION, 10gen MAY MAKE CHANGES TO ANY AND/OR ALL OTHER SERVICES AT ANY TIME.

Description of Site and Services

The 10gen Site, wiki and other downloadable information is located at http://www.10gen.com. 10gen is a platform-as-a-service technology designed to help developers quickly and easily build dynamic, scalable, mission critical web sites and applications.

License/Site Access/General Use Restrictions

Except for the 10gen Software or the software offered by developers on the Site, (if any) ("Third Party Software"), the download of which is governed by the license agreement associated with such Third Party Software, and except for the Third Party Content (defined below) which are provided by third parties, all information, documents and Services provided on this Site, including trademarks, logos, graphics and images (collectively, the "Materials") are provided to you by 10gen. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.

10gen grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting 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; any action that imposes or may impose (in 10gen's sole discretion) an unreasonable or disproportionately large load on 10gen's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by 10gen to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by 10gen and you agree to immediately destroy any electronic or printed Materials and cease using the Site and/or the Services.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions.

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. 10gen is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, 10gen may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain: (i) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; (ii) advertisements or solicitations of any kind; (iii) impersonate others or provide any kind of false information; (iv) personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references; (v) messages by non-spokesperson employees of 10gen purporting to speak on behalf of 10gen or containing confidential information or expressing opinions concerning 10gen; (vi) messages that offer unauthorized downloads of any copyrighted or private information; (vii) multiple messages placed within individual folders by the same user restating the same point; (viii) chain letters of any kind; or (ix) identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) using 10gen.com invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) using 10gen.com to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.

10gen does not assume, any obligation to monitor or remove any Third Party Content or other communication posted by you or any other user. You hereby acknowledge and agree that you may be exposed to Third Party Content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL THIRD PARTY CONTENT SUBMITTED BY YOU OR ANY OTHER USER EXPRESS THE VIEWS OF THE AUTHOR, AND 10gen WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH THIRD PARTY CONTENT. Your access to the Site and Services is undertaken at your own risk and 10gen is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.

Account Registration and Password Protection

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or 10gen has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 10gen has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Prior to gaining access to certain Services on the Site, 10gen may require you to set up a user name and password ("Password(s)") as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by 10gen from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by 10gen at any time, including upon the misuse of the account or breach of these Terms. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform 10gen immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.

Third Party Software

The Third Party Software available on the Site (if any) is, in each case, the copyrighted work of the respective developer, and may be subject to license agreements, terms of use and/or privacy policies of such developer. 10gen DISCLAIMS ALL WARRANTIES WITH REGARD TO THIRD PARTY SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Third Party Content and Postings

"Third Party Content" means, collectively: (i) content and information licensed by 10gen from third parties (if any) for display on the Site, and (ii) content, information and material posted to the Site by third party users of the Site. Third Party Content available on these Sites is, in each case, the copyrighted work of the respective third party or third party user of the Site. You fully acknowledge that you are responsible for the Third Party Content you post to the Site and that you, and not 10gen, will have full responsibility for the Third Party Content you post, including its legality, reliability, appropriateness, originality and copyright. By posting any Third Party Content to the Site you warrant and represent that (a) you are the copyright owner, or that the copyright owner has granted you permission consistent with the manner and purpose of your use and as otherwise permitted by these Terms, and (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms,.

You agree that any Third Party Content provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that 10gen shall be free to use or disseminate your Third Party Content posted to the Site on an unrestricted basis for any purpose. If you post such Third Party Content to the Site, you grant 10gen a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Third Party Content and to sublicense those rights through multiple tiers of sublicensees. No Third Party Content you submit shall be deemed confidential. However, 10gen agrees to use your Third Party Content in accordance with 10gen's Privacy Policy applicable to personally identifiable information. Some Third Party Content may be licensed by 10gen for use on the Site. Such Third Party Content shall be subject to the license set forth above unless such Third Party Content indicates that it is subject to other terms, in which case such other terms shall apply. Notwithstanding anything herein to the contrary, you hereby assign to 10gen all right, title and interest worldwide in all intellectual property rights in and to any new feature that you may suggest or submit to 10gen relating to the 10gen Software and you acknowledge and agree that 10gen may use such suggestion or submission in any manner, including, without limitation, to develop features for the Site. 10gen DISCLAIMS ALL WARRANTIES WITH REGARD TO THIRD PARTY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links To Third Party Sites

The Site or third parties may provide links to other Internet sites or resources. Because 10gen has no control over such sites and resources, you acknowledge and agree that 10gen is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 10gen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Privacy Policy

Your use of the Site is governed by the 10gen Privacy Policy that is available at http://www.10gen.com/Privacy (the "Privacy Policy").

Trademarks and Copyrights

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of 10gen and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of 10gen or such third party which may own the Marks. All information and content including any software programs available on or through the Site is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any copyrighted information available on or through the Site. All of the Materials appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of 10gen, Inc. Copyright © 2007-2008, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Indemnification

You agree to defend, indemnify and hold harmless 10gen and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site and/or the Services, any transaction related to the acquisition of Third Party Software or Third Party Content, or a breach of these Terms.

Disclaimer of Warranty

You fully acknowledge and agree that this Site and/or the Services may include errors, omissions, outdated information which may affect the quality of the Materials. You fully acknowledge that the Materials have not been independently verified or authenticated in whole or in part by 10gen, and agree that 10gen does not warrant the accuracy or timeliness of the Materials and further agree that 10gen has no liability for any errors or omissions in the Materials, whether provided by 10gen or its licensors.

10gen, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS, ANY THIRD PARTY SOFTWARE AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. 10gen PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.

Limitation of Liability

NEITHER 10gen NOR ANY OF ITS AGENTS, AFFILIATES, OR PROVIDERS OF THIRD PARTY SOFTWARE OR THIRD PARTY CONTENT SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, ANY TRANSACTIONS RELATED TO THE ACQUISITION OF THIRD PARTY SOFTWARE OR THIRD PARTY CONTENT, OR ANY EXTERNAL WEBSITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF 10gen WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Release

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR DEVELOPERS, YOU HEREBY RELEASE 10gen (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS, LIABILITIES, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Copyright Agent/Procedure for Claims of Intellectual Property Infringement

10gen respects the intellectual property of others, and we ask our users to do the same. 10gen may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide 10gen's Copyright Agent the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

10gen's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Copyright Agent
c/o 10gen, Inc.
40 W 20th Street, 7th Floor
New York, NY 10011
USA
By email: info@10gen.com

Survival of Terms After Agreement Ends

Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provisions of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.

General

10gen controls and operates this Site from its headquarters in the United States and makes no representation that the Services or the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site or the Services from outside the United States, you are entirely responsible for compliance with any and all applicable local laws. If any of these Terms are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. These Terms and the relationship between you and 10gen will be governed by the laws of the State of New York without regard to its conflict of law provisions. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under these Terms without 10gen's prior written consent, and any attempt to do so without that consent will be void. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to these Terms. No joint venture, partnership, employment or agency relationship exists between you and 10gen. You and 10gen agree to submit to the personal jurisdiction of the federal and state courts located in the State of New York with respect to any legal proceedings that may arise in connection with these Terms. The failure of 10gen to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. 10gen does not guarantee it will take action against all breaches of these Terms. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. These Terms constitute the entire agreement between you and 10gen and governs your use of the Site, superseding any prior agreements between you and 10gen with respect to the Site.

Historical Modifications

7/20/2008: Initial version posted

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