Welcome to Klarity!
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THEY SET FORTH YOUR LEGALLY BINDING AGREEMENT FOR ACCESS TO AND USE OF THE KLARITY PLATFORM, CONTENT AND SERVICES PROVIDED TO YOU. YOU MUST AGREE TO THESE TERMS TO ACCESS AND USE THE KLARITY PLATFORM.
IF YOUR COMPANY HAS A PRE-EXISTING AGREEMENT THAT GOVERNS THE TERMS OF YOUR ACCESS TO THE KLARITY PLATFORM, THEN THOSE TERMS CONTROL .
DS Data Intelligence, LLC (“DSDI” or “We”) offers subscriptions to the Klarity Platform, which permits access to and use of a searchable database system for business only searches and networking, and other functionality, material, products, content and services, and a Chrome extension, including use of the mobile-responsive website platform www.klarity.demandscience.com and related sites (collectively, the “Klarity Platform”).
Klarity Platform Account
In order to access or use certain features of the Klarity Platform, You must activate and maintain its account through the DSDI website (“Account”). You may activate its Account by completing the registration process. You represent that you are not under the age of 18.
DSDI may, but is not obligated to, provide you access to the Klarity Platform using a Single Sign On gateway.
You are required to provide the following:(i) a unique email address and password that belong to You. You will not use an e-mail address that is already being used by someone else or that belongs to another person. We may reject the use of any username or e-mail address for any other reason in our sole discretion; (ii) true, accurate, current, and complete registration information about yourself in connection with the registration process (including your company, job title, and other business contact information about yourself) and to maintain and update such information, continuously and promptly, to keep your Account information accurate, current, and complete; (iii) You are responsible for all activities that occur using your Account; (iv) You are responsible for maintaining the confidentiality of your Account login credentials, including your password, and for restricting access to your Device(s) (as defined below) so that others may not access any protected portion of the Klarity Platform using your Account; (v) You will immediately notify us of any unauthorized use of your Account or any other breach of security impacting your Account or the Klarity Platform, including your access to the Klarity Platform.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
Klarity Platform, Content, Intellectual Property Ownership
Content Generally. The Klarity Platform contains a variety of (i) materials, applications, and other items relating to DSDI and its products and services, and similar items from our end users, licensors and other third parties, including all data, metadata, metrics, information, layout, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Klarity Platform and elements thereof, and the compilation, assembly, and arrangement of the materials of the Klarity Platform and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of DSDI (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
The Klarity Platform provides users with access to and use of Content aggregated from multiple sources by, on behalf of, or as licensed by DSDI, including User Content and Third Party Content.
The nature of the Content and the collection processes limit our ability to independently verify and/or validate any of the Content on the Klarity Platform, and all such Content is subject to change at any time without notice.
Ownership. All right, title, and interest in and to the Klarity Platform and the Content available via the Klarity Platform is the property of DSDI or our licensors or certain other third parties and is protected by U.S. and international intellectual property and unfair competition rights and laws to the fullest extent possible. DSDI owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Klarity Platform.
Limited License. Subject to your strict compliance with these Terms and any applicable Additional Terms, DSDI grants You a limited, non-exclusive, revocable, non-assignable, non-transferable license to (i) access and use the Klarity Platform to (iii) download, display, view, use, and/or print the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”). The foregoing limited license (x) does not give You any ownership of, or any other intellectual property interest in, any Content or in the Klarity Platform, (y) Your access to the Klarity Platform may be immediately suspended or terminated for any reason, in DSDI’s sole discretion, and without advance notice or liability, and (z) will be limited by the need to purchase credits to use the full scope of the license. No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise under common law or in equity. All rights not expressly granted in this license are reserved by DSDI and its licensors and other third parties.
Rights of Others. In using the Klarity Platform, you must respect the intellectual property and other rights of DSDI and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in Your liability.
Definition of User Content; Submission of User Content; Interactive Areas. By signing up for an Account, You agree to make Your business contact information, i.e., Your name, title, company name, business telephone number, job title, work e-mail address and general geographic location in which your work is located available on the Klarity Platform (collectively, but excluding DSDI Content or Third Party Content included therein, “User Content”). DSDI may allow You to do this through a Klarity Platform profile or account information, direct messaging, contact us tools, e-mail, and other communication functionality (“Interactive Areas”). You represent that you have the right to, and grant to, DSDI and Provider, the unconditional, perpetual, irrevocable right to use and exploit Your name, persona, and likeness, and business contact information in connection with the Klarity Platform, without any obligation or remuneration to You.
Your Feedback and Ideas Regarding the Klarity Platform. In Your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit to us via or regarding the Klarity Platform are owned by DSDI.
Third Party Content
You acknowledge that you may receive access through the Klarity Platform to Content that originates from a source other than DSDI or its end users (“Third Party Content”). This Third Party Content may be subject to additional terms and conditions imposed by the owner of such Content.
If a contributor of Third Party Content (“Third Party Contributor”) ceases to make its Third Party Content available to DSDI or requires DSDI to suspend or terminate the provision of all or any part of its Third Party Content to you, then DSDI may suspend or terminate that part of Klarity Platform functionality which contains such Third Party Content, immediately without notice or further obligation to you.
Klarity Platform Use Restrictions
You agree that You will not: (i) engage in any activities through or in connection with the Klarity Platform that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to DSDI; (ii) use the Klarity Platform or its content in violation of any applicable law or regulation; (iii) reverse engineer, decompile, disassemble, reverse assemble, or modify any Klarity Platform source or object code or any software or other products, services, or processes accessible through any portion of the Klarity Platform; (iv) engage in any activity that interferes with a user’s access to the Klarity Platform or the proper operation of the Klarity Platform, or otherwise causes harm to the Klarity Platform, DSDI, or other users of the Klarity Platform; (v) interfere with or circumvent any security feature of the Klarity Platform or any feature that restricts or enforces, or seeks to restrict or enforce, limitations on use of or access to the Klarity Platform, the Content, or the User Content; (vi) share or otherwise make available your access to the Klarity Platform or Content to persons outside of your organization, or otherwise share your user credentials or access to the Klarity Platform or Content with other persons; (vii) attempt to gain unauthorized access to the Klarity Platform, other computer systems or networks connected to the Klarity Platform, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.
Content Use Restrictions
You agree that in using the Klarity Platform: (i) You will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Klarity Platform by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) You will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) You will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iv) You will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (v) You will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (vi) You will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (vii) You will not sell, lease, rent, exchange, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by us or with the prior written consent of an officer of DSDI or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
Payment, Order, Taxes and Term
You will purchase access to the Klarity Platform in blocks of credits with a corresponding term. The term for the credits commences when the credits are activated and available to You and terminates when the credits expire. The term of such credits is not extendable. These Terms will apply to all purchases of Klarity credits. Once you select your credits, payment must be made in advance and is non-refundable and non-cancellable. All fees for the credits are exclusive of any taxes. You are responsible and liable for any applicable taxes in connection with your purchase.
You represent and warrant that You are accessing the Klarity Platform for business purposes only and that You are not a data broker and will not resell any Content from the Klarity Platform. The parties represent that these Terms create a binding obligation on each party, and that neither party will violate any applicable law or regulation in connection with access to, and use of, the Klarity Platform or its Content.
WE DO NOT WARRANT THE COMPLETENESS OR ACCURACY OF THE CONTENT OR THE KLARITY PLATFORM; NOR DO WE COMMIT TO ENSURING THAT THE KLARITY PLATFORM REMAINS AVAILABLE OR THAT THE CONTENT IS KEPT UP-TO-DATE.
USE OF THE KLARITY PLATFORM IS AT YOUR OWN RISK. THE KLARITY PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DSDI AND ITS SUPPLIERS, VENDORS AND CONTRACTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE CONTENT AND THE KLARITY PLATFORM.
DSDI AND ITS SUPPLIERS, VENDORS AND CONTRACTORS MAKE NO WARRANTY THAT (i) THE KLARITY PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) DSDI WILL FIX ANY ERRORS; OR (iv) THAT USE OF THE KLARITY PLATFORM WILL NOT CAUSE YOU TO BE IN BREACH OF USER AGREEMENTS OR CONTRACTS GOVERING YOUR USE OF ANY OTHER WEBSITE, APPLICATION, OR SERVICE THAT YOU ACCESS WHILE USING THE KLARITY PLATFORM’S CHROME EXTENSION. CONTENT OR MATERIALS OBTAINED THROUGH USE OF THE KLARITY PLATFORM ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND DSDI SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE KLARITY PLATFORM OR ANY CONTENT OBTAINED FROM THE KLARITY PLATFORM.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
You hereby agree to defend, indemnify, and hold harmless DSDI, its suppliers, vendors and contractors, and the officers, employees and agents of each of the foregoing parties, from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees]) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any DSDI Party arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User Content or (ii) your use of the Klarity Platform.
Limitation of Liability
IN NO EVENT WILL DSDI BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF THIS AGREEMENT, ANY ASSOCIATED DPA, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT DSDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNITY OBLIGATIONS, OR FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, DSDI’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF, OR RELATING TO THESE TERMS SHALL NOT EXCEED THE FEED PAID BY YOU TO DSDI IN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Links to Other Sites
The Klarity Platform may contain links to other third-party websites that DSDI does not own or control. DSDI is not responsible for any of these other websites and any links to these other websites should not be interpreted as an endorsement of any company, content, or products. We are not responsible to you for any aspect of these other websites, including their content and privacy policies.
Operation of Klarity Platform; Availability of Products and Klarity Platform; International Issues
DSDI controls and operates the Klarity Platform from the U.S.A. and the United Kingdom, and DSDI makes no representation that the Klarity Platform is appropriate or available for use beyond the U.S.A. and the United Kingdom. If you use the Klarity Platform from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Klarity Platform may describe products and services that are available only in the U.S.A. or the United Kingdom (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Klarity Platform and/or the provision of any content, program, product, service, or other feature described or available on the Klarity Platform to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
The Klarity Platform may be subject to export laws and regulations of the United States and other jurisdictions. You hereby represent that you are not named on any U.S. government denied-party list. You shall not access or use the Klarity Platform in a U.S.-embargoed country or in violation of any U.S. export law or regulations.
DSDI will provide reasonable support for the Klarity Platform. DSDI may engage in updates, maintenance, error remediation and other testing activities that may impact the availability of the Klarity Platform. We reserve the right to change, limit or terminate any support services.
When you communicate with us electronically, such as via e-mail, mobile app messages, and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Investigations; Cooperation with Law Enforcement; Termination; Survival
DSDI may discontinue the Klarity Platform, in whole or in part, or suspend or terminate your access to it, in whole or in part, including any Account, Profile, Subscription Platforms or Content, at any time, without notice, for any reason and without any obligation to you or any third party.
Any termination or suspension will not affect your obligations to DSDI. Upon suspension or termination of your access to the Klarity Platform, or upon notice from DSDI, all rights granted to you, and you agree that you will immediately discontinue use of the Klarity Platform.
Any provisions which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to DSDI.
You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Klarity Platform and you will be responsible for all charges related to them.
In case there is a conflict between these Terms and any purchase order provided by You, these Terms shall prevail. You grant DSDI the right to reference Your company name and logo in marketing materials on our Demand Science or DSDI websites. If any Terms of this License are determined to be void or unenforceable by a court of competent jurisdiction, the validity and enforceability of the remainder of the Terms shall not be affected. The failure of either party to enforce the provisions of these Terms shall not be interpreted to be a waiver of such provisions or of the right to enforce such provisions. All notices delivered under these Terms must be made to the address provided in the Contact Information below. You may not transfer nor assign this agreement to any party. Any assignment contrary to this section is deemed void. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. The parties agree to submit to the exclusive jurisdictions of the state and federal courts located in the Commonwealth of Massachusetts.
If you have any questions concerning these Terms, please contact us via email at [email protected] or at DS Data Intelligence, LLC, 222 Rosewood Drive, 8th Floor, Danvers, MA 01923, Attention: Legal. For privacy questions, please contact [email protected].