Ekata Terms of Service
LAST UPDATE APRIL 30, 2018
Welcome to Ekata! Subject to the following terms and conditions, Ekata, Inc. (“Ekata,” “we,” or “us”) provides the Ekata application to allow you to view and access data from databases of residential, business, and government listings (the “Data”) via a proprietary application programming interface (the “API”) or web portal (“Web Portal”) (the API and Web Portal sometimes collectively referred to as “Ekata” or the “Service”).
- General Rules
1.2 We may change, add, or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Service and by continuing to use Ekata, you agree to any changes.
1.3 We may change, suspend or discontinue any aspect of Ekata at any time, including the availability of any feature, database, or content. If you have agreed to a fixed-term agreement, and such change would have a material adverse effect on your Ekata account, we will provide you at least 30 days’ notice of the change. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
- Grant of Limited License. Ekata is proprietary to Ekata and its affiliates or licensors and is protected by U.S. and international copyright laws. You have no rights to the Service or the Data, or any enhancements or modifications thereto, except as expressly granted hereunder. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected herein and your payment of related fees and taxes, we grant to you a limited, revocable, non-exclusive, non-assignable and non-transferable license, subject to the restrictions listed below, to (i) access Ekata via the Web Portal, (ii) implement the API into an application in order to query the Data, and (iii) display the Data to your employees and agents. If you are selling or otherwise distributing the Data to your customers (the “End Users”), and have complied with the requirements regarding End Users set forth below, the limited license grant shall also include providing the Data to such End Users. All licenses granted herein are without the right to sublicense. Ekata and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement.
- Plan Types, Queries, and Fees.
3.1 You agree to pay us in accordance with the Ekata plan in which you enroll. For example, you may enroll in a plan directly through our web site that provides a set number of allowable queries or a limited number of seat licenses each billing period, usually per month, and is cancellable at any time (such plans, individually, a “Self-Serve Seat Plan” or “Self-Serve Query Plan” and together, the “Self-Serve Plans”). Or you may choose to enroll in a plan through our sales representatives that allows for an unlimited number of queries or seat licenses each month and continues for a fixed period of time (such plans, individually, a “Fixed-Term Seat Plan” or “Fixed-Term Query Plan” and together, the “Fixed-Term Plans”).
3.2 Queries. Whether you are enrolled in one of the Self-Serve Plans or Fixed-Term Plans, when you submit a request for information to the Service, a “Query” has occurred when the Service returns a result, regardless of the relevance of that result to you, unless the result is a considered “null result.” A “null result” occurs when the response from the Service asks you to clarify input elements of the original search. If you are enrolled in a Self-Serve or Fixed-Term Query Plan, any time your query returns one or more results, depending on the type of plan in which you are enrolled, either (a) the number of available Queries in your plan will be reduced by one, or (b) you will be charged for the Query. If your request for information returns a “null result” the number of available Queries under your plan will not be reduced and/or you will not be charged for such query. If you are enrolled in a Self-Serve or Fixed-Term Seat Plan, you are charged per seat license and not per Query. PLEASE NOTE: Ekata may limit, throttle, suspend, or immediately terminate accounts of Customers enrolled in Seat Plans whose accounts are used to submit queries to Ekata with a velocity that is inconsistent, in Ekata’s sole discretion, with the typical query velocity of a single, human user. If you believe your account has been incorrectly curbed, please contact your account representative or Customer Support.
3.3 Self-Serve Plans. If you are enrolled in a Self-Serve Query Plan, your account will automatically be suspended when your plan’s Query limit is reached, until the subscription period begins again. You may avoid a suspension of your Self-Serve Query Plan by choosing to upgrade your subscription at any time by logging into your account and changing your plan. You will be charged the price difference between the new and previous plans, used Queries will be reset to zero and the total available Queries will reflect the total amount of the new plan. If you are enrolled in a Self-Serve Seat Plan, you will be charged for the number of seat licenses issued to your account during the billing period, pro-rated for partial periods. All Self-Serve Plan subscriptions will automatically renew each billing period and your credit card will be charged in advance of each billing period unless canceled. If your Self-Serve Plan subscription is canceled, refunds and termination of access will follow the Terms of Sale policy in Section 4, below.
3.4 Fixed-Term Plans. If you sign up for a Fixed-Term Query Plan, you will be charged either for the monthly minimum number of Queries to which you agreed or the actual number of Queries performed, whichever is greater. If you sign up for a Fixed-Term Seat Plan, you will be charged for the number of seat licenses issued to your account during the applicable billing period, pro-rated for partial periods. The billing specifics of a Fixed-Term Plan are detailed in the agreement you electronically signed in conjunction with the activation of your account (the “Fixed-Term Agreement”). To the extent the terms regarding fees, payment, contract renewal, and contract term of the Fixed-Term Agreement conflict with the terms of this Agreement, the Fixed-Term Agreement shall control.
3.5 You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account. Prices are in U.S. dollars and are subject to change. Other restrictions and taxes may apply.
- Terms of Sale
4.1 Processing and Payment. Ekata will process your purchase as promptly as possible. There may be a delay in the activation of the Service while payment details are verified. We accept major credit cards (American Express, Visa, Mastercard). We reserve the right to reject any order or purchase at any time.
Unless specified otherwise in the Cancellation Policy, below, all charges are nonrefundable. To view or change your payment method, visit the Account Settings area at ekata.com.
4.2 Pricing. When you purchase access or a subscription to Ekata, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order.
Discount eligibility, if any, is determined at the time of the order. Discounts cannot be applied retroactively. Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes. All prices are in United States Dollars.
Ekata reserves the right to change prices at any time. We will notify you in advance if the regular rate of your Ekata plan changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your subscription or purchase from that point forward.
If a stated price is determined by us, in our sole discretion, to be in error, we are not under any obligation to offer you access to Ekata at that price. We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.
If you believe someone else has used your account or you are being charged for a product you do not have, please contact your account representative or Customer Support.
4.3 Billing. You may be prompted to (a) complete the necessary registration information, including your credit card information, or (b) contact Ekata via telephone at 1-800-336-1327 to complete your registration and provide your pertinent billing information. If your payment plan requires credit card payments, Ekata will charge the fees to your credit card as you use Ekata. For Self-Serve Plans, we will charge or debit your payment method at the beginning of your term or subscription or, if applicable, at the end of your free trial period. Billing will continue according to the cycle stated at the time of your order.
All Ekata Self-Serve Plan subscriptions are renewed automatically, so your credit card will be billed each month (on the anniversary date of the original purchase) unless and until you cancel your subscription. In the event that you sign up for a Self-Serve Plan on the 28th day of a given month or later (i.e., the 28th, 29th, 30th, or 31st), your billing date will be the last day of the calendar month on any given month. The contract term, billing date, and expiration date of Fixed-Term Plans are governed by your Fixed-Term Agreement.
If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your credit card information by logging into your account. If your credit card reaches its expiration date, your continued use of Ekata constitutes your authorization to continue billing that credit card. In the event of unsuccessful billing, you will be notified and your account may be suspended until you re-subscribe using a valid credit card; provided, however, you will remain responsible for all charges incurred whether or not we suspend your account.
You will not be notified in advance of impending renewals. Please see our Cancellation Policy, below, for information about canceling.
All charges associated with your Ekata subscription will appear on your credit card bill as “Ekata” and will include our customer service number. You represent and warrant that you have the right and authority to charge payment to the account tied to the credit card information you submit.
4.4 Unpaid Charges. If your credit card expires or your payment method is otherwise invalid, we may choose whether or not to suspend or terminate your subscription or product. You will remain responsible for all charges. However, if, at any time, you fail to pay any amount when due or are otherwise in breach or default under the Terms of Service or your Fixed-Term Agreement (if applicable), Ekata may, in its sole discretion, and without prejudice to its other rights, immediately suspend or terminate your Ekata account. If you have entered into a Fixed-Term Agreement, please note that suspension or termination of your account for non-payment will not alleviate you of the obligation to pay the monthly minimum amount due through the end of your term.
Late payments hereunder will accrue interest at the rate of one and one half percent per month or the highest rate allowed by applicable law, whichever is lower. You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.
4.5 Promotions. We may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different and cannot be combined. You may be required to provide your payment details when you sign up for a promotion. At the end of the promotion, you will automatically be signed up for the related subscription that will begin at the end of the promotional period. We will not notify you in advance that the promotion is about to end. To cancel and avoid being charged, you must notify us before the promotion ends.
4.6 Third Parties. If you have purchased Ekata through a third party, these Terms of Sale may not apply to you. We are not liable to you for any claims related to purchases made through third parties. Please contact the third party directly.
- Cancellation Policy.
5.1 Cancellation of Self-Serve Plans. You may change or cancel your Self-Serve Plan subscription at any time by logging into your account, or contacting Customer Support. When you cancel a Self-Serve Plan subscription, you cancel only future charges associated with your plan or subscription; pre-paid amounts are not refundable. You may notify us of your intent to cancel at any time, and the cancellation of access to your account will become effective at the end of your current billing period.
Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period.
5.2 Cancellation of Fixed-Term Plans. Unless expressly stated otherwise in your Fixed-Term Agreement, a Fixed-Term Plan may not be cancelled until expiration of its initial term. At the end of the term, Fixed-Term Plans generally renew for another term under the same terms and conditions. To prevent your Fixed-Term Plan from renewing for another term, you must contact your account manager or Customer Support at least 30 days prior to your contract renewal date.
5.3 Refunds. In the event of unauthorized access of the Service through your Account (unless caused by Ekata’s gross negligence or willful misconduct), you shall nevertheless pay Ekata all fees incurred under your Account. Our records will presumptively determine your usage of the Service and fees due hereunder.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
5.4 Changes to the Service or Access.We reserve the right to make changes to Ekata at any time. If we temporarily reduce or eliminate the charge for access to the Service that you are currently paying for under different terms, you will not receive a refund.
5.5 Cancellations by Us. We reserve the right to suspend or terminate your access to the Service for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If Ekata is temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
5.6 Changing Your Subscription. When you change your Self-Serve Plan subscription, you will receive a pro-rated credit toward your new subscription. If you would like to change the terms of your Fixed-Term Plan, you must contact your account manager. If you are uncertain as to who your account manager is, you may contact Customer Support.
- Restrictions on Use of the Service and Data.
6.1 General Use Restrictions. The limited license to the Service and Data provided by Ekata hereunder is subject to the following restrictions:
- You may not retain, store or cache any Data for any reason, if you are not the ultimate end user of the Data.
- You shall not display Data so that they appear to be derived from a third-party web site.
- You shall not falsify or alter any unique identifier assigned to you, or otherwise obscure or alter the source of queries to the Service.
- You shall not reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service.
- You shall not violate or attempt to violate the security of Ekata.
- You shall not transmit or otherwise make available any material that contains a software virus or any other computer code, files, or programs designed to: (a) interrupt, destroy, or limit the functionality of any equipment (including software and hardware), or (b) spy on the activities of others.
- You shall not provide Data other than in response to an individual query (i.e., you may not provide Data to others in bulk format).
- You shall not aggregate or otherwise combine Data from individual queries for any reason.
- You shall not use Data other than on an “as is” basis and pursuant to the terms of this Agreement.
- You shall not use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Data, or permit any third party to do the same.
- You shall not transfer the Data without verification, confirmation, audit, enhancement, update, merger or other modification to Comcast, TimeWarner, Cox Communications, Charter, MetroPCS, Brighthouse, Cablevision or Verizon, including any commonly owned companies or alias of such companies, for caller name services (meaning providing a calling party name for display on a consumer device during a communication session initiated by the calling party).
6.2 Data Use Restrictions. The end user of the data (whether it is you or an End User) may not:
- use the Data for marketing purposes, except to respond to an inquiry, application, purchase or transaction;
- publish, offer, sell, license, transmit, distribute, or reproduce the Data via any means (except distribution and sale by you pursuant to Section 6.3);
- use the Data in violation of any applicable law, rule, or regulation (e.g., the Telephone Consumer Protection Act, the Fair Credit Reporting Act) or in violation of any third party right;
- store the Data for purposes other than your own internal business purposes (storage of the data for resale is expressly prohibited);
- cache the Data to avoid additional queries;
- merge the Data with databases or compilations for purposes other than your own internal business purposes; or
- use the Data for file download online in a fixed page format.
Additionally, you acknowledge that the Service is not provided by a “consumer reporting agency” as that term is defined in the Fair Credit Reporting Act (“FCRA”) and the Data does not constitute “consumer reports” as defined in the FCRA. Accordingly, the Data may not be used as a factor in determining eligibility for credit, insurance, employment or another purpose in which a consumer report may be used under the FCRA.
6.3 Resellers and Value Added Resellers. If you, as the party who accesses the Service, are reselling or otherwise transferring any part of the Data to End Users (whether or not you modify the Data prior to distribution), you may only use the Data in connection with the provision of your services to End Users and may not store or otherwise use the Data for any other purpose. In addition, End Users may only use the Data for their own internal use, and they must comply with the data restrictions listed in Section 6.2 of this Agreement. You shall communicate to your End Users the data restrictions in Section 6.2 and obtain their agreement via a click-wrap, browse-wrap or written agreement. Such agreements shall include language to the effect that: (i) End Users represent and warrant that they will comply with the End User Terms; (ii) the Data is provided to End Users on an “as is” basis without warranties of any kind; (iii) Ekata will not be liable to End Users in any manner in connection with their use of the Data; and End Users shall indemnify, defend, and hold harmless Ekata from and against all claims, actions, and judgments arising out of their use of the Data. Ekata shall be a third party beneficiary of such agreements and shall have the right to enforce such agreements. Customer shall not make any representations or warranties to End Users about the Service. In the event that Customer becomes aware of any misuse of the Data by an End User, it shall promptly notify Ekata and take commercially reasonable actions to remedy such misuse.
- Termination. Ekata may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of these Terms of Service. If Ekata terminates your Ekata account for reasons other than your breach of these Terms of Service, you will receive, within ninety (90) days of termination, a refund for any account credit, net of any amounts due. If your account is terminated for breach hereunder, you will not receive any refund for payments already made by you as of the date of termination and you will bear all costs of such termination, including any remaining monthly minimum amounts due on a Fixed-Term Plan and the reasonable costs Ekata incurs in closing your account. In addition, you will pay any and all costs and expenses incurred by Ekata in enforcing your compliance with this Agreement, including Ekata attorneys’ fees. Upon termination for any reason, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. Ekata may delete all or part of the information related to you that has been uploaded or otherwise delivered to Ekata in connection with your use of Ekata.
- Accounts and Security.
9.1 Account Creation. In order to access Ekata, you will be asked to register and create a user account (an “Account”). As part of the Account creation process, you will create login credentials by selecting a password, providing an e-mail address, and answering all inquiries marked “required” (such credentials, the “Registration Data”). You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that Ekata may contact you and require you to confirm some or all of your Registration Data before using or continuing to use Ekata. We reserve the right to terminate the limited licenses granted hereunder and to refuse to provide you with any and all current or future use of Ekata if, in our sole discretion, we determine or are of the opinion that any of your Registration Data is, or, appears to be, untrue, inaccurate, not current or incomplete.
9.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify Ekata of any unauthorized use of your Account, login credentials, or any other breach of security of which you become aware by emailing Customer Support. We will not be liable for any loss or damage arising from your failure to comply with this section. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
9.3 You must be 13 years of age or older to create an Account, access the Service, or use the Data.
10.1 Security and Privacy. To prevent unauthorized access, maintain data accuracy and ensure the appropriate use of information, we have put in place commercially reasonable physical, technical and administrative controls to protect your information. Please note that no method of transmission over the Internet, or method of electronic storage, is 100 percent secure.
10.2 Feedback. Any comments or materials sent to us, including, but not limited to, queries, ideas, questions, suggestions, feedback or the like (collectively, “Feedback”) is non-confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from, and distribute the Feedback to others without limitation or obligation.
- Disclaimer, Limitation of Liability, Indemnification.
11.1 Disclaimers. Ekata does not represent or endorse the accuracy or reliability of any Data or other information displayed, uploaded, or distributed through the Service. The Web Portal, API and Data are distributed on an “as is” and “as available” basis without warranties of any kind.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Ekata AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF Ekata IS ADVISED OF SUCH PURPOSE), AND IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OR TRADE.
WITHOUT LIMITING THE FOREGOING, NEITHER Ekata NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY, THE “PROVIDERS”) REPRESENT OR WARRANT (I) THAT Ekata WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT Ekata WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT Ekata WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY DATA OR MATERIALS AVAILABLE ON OR THROUGH Ekata; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT Ekata OR THE DATA IS NON-INFRINGING. NO INFORMATION OR ADVICE PROVIDED ON Ekata, BY THE COMPANY, OR BY THE COMPANY’S EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE AND DATA IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR (A) ANY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE, AND (B) FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE SERVICE OR THE DATA.
Some states do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you.
11.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE DATA AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, THE DATA OR SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.
11.3 Indemnification Obligations. You agree to hold harmless, defend, and indemnify Ekata and the Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your use or misuse of the Service or the Data including, without limitation, any actual or threatened suit, demand or claim made against Ekata or any Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party; (ii) your breach of this Agreement; or (iii) your use of the Service or Data. Ekata may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Ekata in such event.
12.1 Third Party Links. Ekata may, as a convenience to its users, make links to third-party web sites or resources available on or through this web site or Ekata. Ekata is not responsible in any way for, and does not make any representation, warranty or guarantee regarding any third party web sites and resources which may be accessed through us. In addition, Ekata does not endorse or adopt, and is not responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such web sites or resources; or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such websites or resources.
12.2 Copyright Notice. Contents © 2016, Ekata, Inc. All Rights Reserved.
All content included on this web site and in the Service, including, but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ekata or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this web site is the exclusive property of Ekata and protected by U.S. and international copyright laws. The Ekata service is also a copyrighted work(s) of Ekata. Any rights not expressly granted herein are reserved by Ekata.
12.3 Trademarks. Ekata, Ekata.CA, Ekata and other Ekata graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Ekata or its affiliates in the U.S. and/or other countries. Ekata’s trademarks and trade dress may not be used in connection with any product or service that is not Ekata’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ekata. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners.
12.4 Notification of Claimed Infringement. Ekata strives to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the materials available on or through the Service infringes upon any copyright you own or control, or that any link made available on or through the Service directs users to another web site that contains material that you own or control, please send us a notice of infringement (an “Infringement Notice”). An Infringement Notice must be in writing (sent by fax or regular mail – not by email) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights.
To expedite our ability to process an Infringement Notice, please provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you believe is being infringed;
- A description of the location of the material that you believe is infringing the copyrighted work;
- Your contact information (please include your address, telephone number, and email address);
- 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; and
- A statement by you, made under penalty of perjury, that the information contained in your Infringement Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf.
Sign the Infringement Notice and send the written communication to:
Attn: Venkat Balasubramani
800 Fifth Avenue, Suite 4100
Seattle, WA 98104 Fax: (206) 260-3966
12.5 Notices. Ekata may provide you notice of changes or any other matter by displaying notices to you generally through Ekata or, at its option, by using any contact information you have provided to us. You agree that notice by the foregoing means shall be deemed complete when posted or transmitted by Ekata. All legal notices to Ekata (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to:
Ekata, Attn: Legal Department, 1301 Fifth Ave, Suite 1600, Seattle, WA 98101
12.6 Time Limitation on Claims and Causes of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of Ekata must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.
12.7 Waiver, Severability and Assignment. Ekata’s failure to enforce a provision is not a waiver of its right to do so later. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. You may not assign any of your rights under these Terms of Service, and any such attempt will be void. Ekata may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with, the Service.
12.8 Governing Law, Venue. This Agreement and your use of Ekata shall be governed by and construed in accordance with, the laws of the state of Washington as they apply to agreements made and solely performed therein. You irrevocably consent and waive all objections to personal jurisdiction and venue in the state and federal courts located in King County, Washington, USA for any action arising out of or relating to this Agreement, Ekata or the Data. You shall not commence or prosecute any suit or action except in the foregoing courts.
12.9 Audit. Ekata reserves the right, on at least five business days’ notice to you, to enter your premises during regular business hours to audit your compliance with the terms of this Agreement and you agree to cooperate with Ekata in such regard. Ekata will take reasonable measures to ensure that an audit does not unreasonably disrupt your business operations. Each party will bear its own costs with respect to any audit conducted hereunder.
12.10 Relation to Other Agreements. Ekata may operate, individually or jointly with third parties, other web sites, products, or services that incorporate Ekata. Also, Ekata may provide Ekata through web sites operated and owned by third parties. These other web sites, products, or services may be subject to a different user agreement (the terms and conditions of such other user agreements are not affected in any way by this Agreement nor is this Agreement affected by such other user agreements). We encourage you to review the applicable policies and agreements when you visit any web site or use any product or service.
In the event that you enter into a written, hand-signed contract for the Ekata service apart from these terms of Service, the terms of that contract shall supersede this Agreement, from and after the effective date of that contract, to the extent the two are inconsistent.
12.11 Publicity. By using the Service, you grant to Ekata a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to use your name, logos, service marks, trademarks and/or trade names in our promotional and marketing materials for the sole purpose of identifying you as a customer of Ekata.
12.12 California Consumer Disclosure. Under California Civil Code Section 1789.3, if you are a California resident, you are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, 95834, or by telephone at (916) 445-1254 or (800) 952-5210. The Services are provided by Ekata, Inc., 1301 Fifth Avenue, Suite 1600, Seattle, WA 98101.