(Last updated: December 8, 2020)
1. User Access
2. Acceptable Use
You agree not to use the Services or communicate with Knoema or its agents in any way that is unlawful, deceptive, obscene, defamatory, threatening, fraudulent, harassing, inflammatory, disparaging, or otherwise abusive, or that infringes any intellectual property, privacy, or other right of or otherwise harms Knoema, its service providers, its suppliers, your end users, or any other person. Use of the Services via mechanical, robotic, scripted or any other automated means without written prior approval by Knoema is strictly prohibited. Nothing herein grants such preapproval. Further, pursuant to Section 12 below, Knoema may terminate or suspend your use of and/or access to any one or more Services if and when Knoema determines that your use or communications with us or our agents is inappropriate or in violation of these Terms.
3. Copyright and Limited License
(3)(2) On behalf of yourself and/or any of your contractors or agents, you agree not to: A) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, the Services; B) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the Services or any source code; C) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; D) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality thereof, to any third party for any reason, including by making the foregoing available on a network where it is capable of being accessed by more than one device at any time.
(3)(3) You further agree to comply with any supplemental terms that govern your use of particular Services or features. Without limitation, you specifically agree to be bound by any terms and conditions imposed by third-party sources that apply to any information, data, features or other content from third-party sources that is accessible through the Services (“Third-Party Services”). Knoema is not liable to you or any third party for any losses or damages resulting from your use of any such Third-Party Services.
4. Children Under the Age of 18
You must be at least 18 years of age to access and use the Services. The Services are not intended for children under 18 years of age, and Knoema does not knowingly collect personal information from children under 18.
6. User Content
Knoema allows users to upload datasets, create content in form of pages, visualizations and tables (collectively, “User Content”), and collaborate with other users. You are solely responsible for your User Content. You agree not to create or post User Content: a. that is unlawful, defamatory, obscene, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or objectionable; b. infringing any patent or violates and copyrights/licenses; c. misrepresenting affiliations and entities; or d. containing third party private information.
7. Rights to Content
You own and retain the copyrights to all User Content you post. You are responsible for providing access and sharing your User Content with other users. You grant Knoema an irrevocable right to use, reproduce and publish in connection with the offered services.
8. Subscription Features
Knoema offers Services, including any additional features Knoema may choose to offer on subscription or other fee basis. However, Knoema also reserves the right to modify or change the Services and data available through its subscription services or other fee basis without prior notice. If subscribed, you agree to pay all fees agreed at the time of signing for the subscription or fee agreement. Any purchase of a subscription or other fee basis is restricted to the named user on the subscription and may not shared or transferred.
9. Ideas and Suggestions
Any ideas and suggestions made by you to Knoema or on the Services will be sole property of Knoema.
10. External Content
Knoema may offer content with third party links and will offer features to users to be able to surface third party content in form of links. Knoema does not monitor or have control over the third party content and is not responsible for third party content. Where we provide a hyperlink to a third party's website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to that on our website or that may contain material relevant to our users. Such a hyperlink does not signify that Knoema has reviewed or approved of the connected third party's website or its contents nor does it necessarily reflect the opinions or views of Knoema.
11. Termination of Service
12. Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND KNOEMA HEREBY DISCLAIMS (FOR ITSELF AND ITS LICENSORS AND SUPPLIERS) ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO ACCURACY, COMPLETENESS OR ADEQUACY OF INFORMATION, OR RELIABILITY, THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITATION TO THE FOREGOING, KNOEMA PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. KNOEMA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PROVISION OF THIRD-PARTY DATA OR OTHER THIRD-PARTY SERVICES.
YOU RECOGNIZE THE UNCERTAINTIES INHERENT IN ANY ANALYSIS OR INFORMATION THAT MAY BE PROVIDED IN CONNECTION WITH THE SERVICES, AND ACKNOWLEDGE THAT THE SERVICES ARE NOT A SUBSTITUTE FOR ITS OWN INDEPENDENT EVALUATION AND ANALYSIS AND SHOULD NOT BE CONSIDERED A RECOMMENDATION TO PURSUE ANY COURSE OF ACTION. KNOEMA SHALL NOT BE LIABLE FOR ANY ACTIONS OR DECISIONS THAT YOU MAY TAKE BASED ON THE SERVICES, INCLUDING IN CONNECTION WITH THE USE OF ANY INFORMATION OR DATA CONTAINED THEREIN. EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU UNDERSTAND THAT YOU ASSUMES THE ENTIRE RISK WITH RESPECT TO THE USE OF THE SERVICES.
You hereby acknowledge and agree that the Services are not developed or provided by Knoema as investment advice and will not be used or treated by you as investment advice. The Services are intended to be used for informational purposes only, and the Services do not provide investment advice. Knoema, its affiliates and partners shall have no liability for any investment or other decisions made based upon any information in the Services.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, KNOEMA, ITS AFFILIATES AND PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIRD PARTY DATA OR ANY OTHER SERVICES.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KNOEMA BE RESPONSIBLE FOR INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR CONTENT, LOST PROFITS, LOSS OF GOODWILL, OR ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER KNOEMA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Knoema and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of this Agreement or to content you submit or make available through the Services.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
16. Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. Entire Agreement
Together with any supplemental terms that Knoema presents to you, this Agreement constitute the entire agreement between you and Knoema with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.