Effective as of September 16, 2011
Welcome to Basho. The following terms and conditions (“Terms of Use”) govern access to and use of the Basho website (“the Site”) and related services (the “Service”) made available by Basho Technologies, Inc. (“us,” “we,” or “Basho”), but not Basho’s RIAK™ software (the “Software”) which is licensed separately. Please review the following terms carefully. By accessing and using the Service, you (“you” or the “User”) agree to be bound by these Terms of Use and all policies and guidelines incorporated by reference in these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site or the Service.
If you are using the Site or the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf. Nothing in these Terms of Use will be deemed to confer any third party rights or benefits.
Basho respects the privacy of its Service users. Please refer to Basho’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the the Site or the Service, you signify your agreement to this Privacy Policy.
The Service allows users to download open source versions of the Software to build applications and offers training, support and other services to help users install, configure, optimize, tune and run the Software. The Service also provides users access to whitepapers, videos and other materials and allows users to register for webinars and to participate in Basho’s interactive programs.
You need to be at least 18 years old to register for and use the Service. By registering, you represent and warrant that you are 18 years of age or older.
You agree to notify us immediately of any unauthorized use of your password and/or account. Basho will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
When you create your own personalized account, you will be able to submit and answer questions and to make comments on the Site (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content
If you elect to purchase a Service for which we charge a fee, you agree to pay the amount specified for the Service. Fees are non-refundable once paid. You also represent and warrant that:
Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account without, if applicable, any refund.
Your permission to use the Site is conditioned upon the following Use Restrictions: You agree that you will not under any circumstances:
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. Basho is not responsible for any public display or misuse of your User Content. Basho does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
Opinions, advice, statements, offers, or other information or content made available through the Site or the Service, but not directly by Basho, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Basho does not guarantee the accuracy, completeness, or usefulness of any information accessed on the Site or through the Service and neither does Basho adopt nor endorse, nor is Basho responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Basho. Basho takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will Basho be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or the Service, or transmitted to users.
Though Basho strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. Basho reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Basho shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please report it to us at abuse (at) basho (dot) com. Any reports of violations you submit to us, including your identity, may not be kept confidential.
In response to your report, we may take actions in accordance with these Terms of Use or other applicable agreements between us and the alleged violator of the Terms of Use, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.
As part of the Service, Basho may run advertisements and promotions or provide you with convenient links to third party website(s) (“Third Party Sites”), as well as articles, videos, webinars, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other materials, content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). The content and links are provided as a courtesy to users. Basho has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Basho, and Basho is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Basho. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
(a) Termination of Repeat Infringer Accounts. Basho respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Basho has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service, or the Site who are repeat infringers. Basho may terminate access for users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Site other than the Software infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Basho’s designated copyright agent at Basho Technologies, Inc., legal (at) basho (dot) com.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
If a counter-notice is received by the Basho copyright agent, Basho may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Basho’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Basho a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, the Software and the Service, including applicable copyrights, trademarks, and other proprietary rights. “Basho” and other Basho graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks or trade dress of Basho in the U.S. and other countries. You may not use Basho’s trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Basho endorses any product or service. You may not reproduce or use Basho’s trademarks or trade dress without the prior written permission of Basho. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
Communications made through the Site will not constitute legal notice to Basho or any of its officers, employees, agents or representatives in any situation where notice to Basho is required by contract or any law or regulation.
For contractual purposes, you (a) consent to receive communications from Basho in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Basho provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about Basho and special offers. You may opt out of such email by changing your account settings or sending an email to optout (at) basho (dot) com or mail to the following postal address:
Customer Support
929 Market Street,
San Francisco, CA 94103
Opting out may prevent you from receiving messages regarding Basho or special offers.
THE SERVICE AND THE SITE ARE PROVIDED “AS IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BASHO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, UPTIME AND DATA ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BASHO MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BASHO, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, FOR EQUIPMENT DOWNTIME, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE OR THE SITE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH BASHO OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BASHO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, or any other third party resulting from or arising out of or in connection with your use of the Service or Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says:
> A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
You agree to indemnify and hold Basho, our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (collectively, the “Indemnified Parties”) harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees (collectively, “Damages”), resulting from any claim (including third party claims), suit, action or proceeding against an Indemnified Party, resulting from or arising out of or in connection with any User Content you post or distribute on or through the Service, your use of or participation in the Service, your interactions with other users of the Service, or any violation of these Terms of Use or of any law or the rights of any third party.
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of Basho’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Basho. No purported waiver or modification of this Agreement by Basho via telephonic or email communications shall be valid.
Basho may terminate or suspend your account or ability to use the Service, in whole or in part, without notice in the event that (i) you violate the Terms of Use or violate any other rules that govern the use of the Service, (ii) your conduct may harm Basho or others or cause Basho or others to incur liability, or (iii) as otherwise determined by Basho in its sole discretion.
Basho may modify the Service, and all content, software and other items used or contained in the Service, at any time. You may terminate your Basho account at any time by providing Basho with notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by Basho at any time after your termination of your account.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Basho to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the state and federal courts located in Boston, Massachusetts. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
You agree that any cause of action related to or arising out of your relationship with Basho must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions.
Basho may assign or delegate these Terms of Use and/or the Basho Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Basho’s prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT HTTP://WWW.BASHO.COM/LEGAL/PRIVACY-POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.