TERMS OF USE

Data-Planet™ by Conquest Systems, Inc.

Conquest Systems, Inc. ("Conquest") offers you ("User" or “Licensee”) access to a vast collection of information collected by Conquest and integrated into a database system, together with graphical user interfaces, data exploration tools and other associated software programs that access, analyze and display information (the "Database(s)"), which collectively may be accessed via the Internet on the DATA-PLANET™ web site at www.DATA-PLANET.com or other web sites via distribution and access partners (the "Site(s)"). The Database(s) and all other services provided by Conquest are the "Services." The Services are governed by this Terms of Use agreement executed or assented between you (or the entity you work for) and Conquest as well as any other policies posted on the Site(s).  This Terms of Use provides for access to the Database(s) and Service(s) for Authorized Users only.  “Authorized User(s)” are:  (1) For public libraries: library staff, individual residents of your reasonably defined geographic area served and walk-in patrons while they are on-site; (2) For schools and other academic institutions: currently enrolled students, faculty, staff, visiting scholars and walk-in patrons while they are on-site; and (3) For other types of organizations: your employees, independent contractors and other temporary workers while they are performing duties within the scope of their employment or assignment for internal use unless otherwise specified in a separate agreement.  If you have received a trial user name and password, you must abide by these Terms of Use.  Failure to abide by these Terms of Use may result in the immediate suspension of rights and access to the Services.

 Agreement to Terms of Use

YOU AGREE TO READ THESE TERMS OF USE BEFORE USING THIS WEB SITE(S) AND BEFORE MAKING THE SERVICES AVAILABLE TO AUTHORIZED USER(S). YOUR CONTINUED ACCESS TO OR USE OF THE SITE(S) OR USE OF THE INFORMATION CONTAINED ON THE SITE(S) INDICATES YOUR ACKNOWLEDGEMENT OF THESE TERMS OF USE AND YOUR ACCEPTANCE OF ALL THE PROVISIONS HEREOF.

 Privacy Practices

Conquest's privacy practices and principles are set forth in our Privacy Policy. Conquest reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request.

 Use of Database(s) Information

Licensee and Authorized Users may make all use of the Licensed Materials as is consistent with the Fair Use provisions of United States Copyright Law.   Licensee and its Authorized Users are expressly prohibited from violating the copyrights, or other intellectual property rights, of Conquest, or of its content partners. You may not remove any copyright notice contained in any materials downloaded from the Database(s).  Licensee and its Authorized Users are prohibited from duplicating meaningful portions of the content other than for generally accepted academic use purposes by Licensee and its Authorized Users such as the creation of coursepacks, teaching and research materials, or scholarly manuscripts submitted for publication in scholarly journals or texts by Licensee and Authorized users.  Under no circumstance is “harvesting” of the content or derivative product creation considered Fair Use of the content contained in the Site(s) by Licensee or its Authorized Users for use by other than Licensee and its Authorized Users.  Licensee and its Authorized Users expressly prohibited from selling or distributing information obtained from the Database(s) other than described above.

Ownership of Intellectual Property

You shall have no claim of ownership to any intellectual property rights in any compilation of data, content, layout, functions, features, code, graphical user interface, data exploration tools, data displays, appearance, trademarks and other intellectual property comprising the Database(s) that is made available to you on the Site(s) (collectively, the "Conquest and partners Intellectual Property"). It is acknowledged and agreed that though the Database(s) incorporates publicly available data, the Database(s) also contains information that is created and maintained by Conquest at great effort and expense, including, for example, the graphical user interfaces, the metadata and descriptive content associated with the data, exploration tools and other associated software programs that are unique and highly valuable. Information from the Database(s) that you print, save or incorporate into other material is solely licensed (not transferred) to your organization. You agree that the Database(s) information constitutes a valid trade secret of Conquest and that the Conquest Intellectual Property constitutes protectable, proprietary assets of Conquest and/or its partners. You agree not to use the any of the trademarks or trade names displayed in the Service(s) or Database(s) in any manner without Conquest's and its partners’ prior written consent.

 Disclaimer

THE SITE, AND ANY INFORMATION INCLUDED ON THE SITE, AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, AND COMPLETENESS IS WITH YOU. CONQUEST MAKES NO WARRANTY THAT THE SITE(S) OR SERVICES WILL BE SECURE OR ERROR-FREE. CONQUEST ALSO MAKES NO WARRANTY THAT SERVICE WILL BE UNINTERRUPTED, BUT IN CASE OF SERVICE DISRUPTION, CONQUEST WILL MAKE BEST REASONABLE EFFORTS TO RESOLVE SERVICE INTERRUPTIONS.  YOUR USE OF THE SITE(S) IS AT YOUR OWN RISK, AND YOUR RELIANCE ON ANY INFORMATION OR DATA POSTED ON THE SITE(S) OR IN THE DATABASE(S) IS AT YOUR OWN RISK. CONQUEST EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CONQUEST FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES ARISING FROM USAGE OF TRADE AND COURSE OF DEALING. CONQUEST DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH OTHER SOFTWARE OR SERVICES. FURTHER, CONQUEST DOES NOT WARRANT THAT THE SITE, INFORMATION OR SERVICES COMPLY WITH LAWS IN FORCE IN YOUR PLACE OF BUSINESS, AND THE ENTIRE BURDEN OF COMPLIANCE AND THE ENTIRE RISK OF NONCOMPLIANCE WITH SUCH LAWS IS WITH YOU.

IN NO EVENT WILL CONQUEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, PARTNERS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE SITE(S) OR SERVICES, OR THE INTERRUPTION OF THE SITE(S) OR SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR BUSINESS OR SALES INTERRUPTION, EVEN IF CONQUEST, OR A REPRESENTATIVE THEREOF, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT CONQUEST'S MAXIMUM LIABILITY, UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE AS PER THE TERMS AND CONDITIONS OF THE TERMS OF USE AGREEMENT YOU HAVE ENTERED INTO WITH CONQUEST.

 Your Representations and Warranties

You represent, warrant and covenant that you will not:

  • (a) attempt to gain unauthorized access to the Services or the Conquest accounts of others;
  • (b) use the Site(s) or Services, or any part thereof, to harass or harm any other User or any other person in any way;
  • (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • (d) interfere with or disrupt the Site(s) or servers of networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • (e) harvest, collect or store information about the users of this Site;
  • (f) use the Site(s) or Services to violate any applicable, local, state, national or international law or regulation;
  • (g) attempt to circumvent any security measure associated with the Database(s);
  • (h) attempt to access portions of the Database(s) not authorized for use by you;
  • (i) modify, reproduce or distribute any of the Database(s);
  • (j) attempt to intentionally disable, slow, prevent operation of, or otherwise interfere with or change any normal or usual operation of the Database(s);
  • (k) duplicate any portion of the Database(s) digitally or in print for your own use or use by others, other than as expressly enabled by the Site(s) and printing of selected entries;
  • (l) permit any third party to use your password or otherwise have access to the Database(s), and;
  • (m) publicly distribute, publicly display (except as allowed under fair use for teaching purposes), re-produce on a web site, sell, rent, or lease, or remove any legal notices from, any information obtained from the Database(s), including for example, analyses and data displays.

Links to other Sites

The Site(s) may contain links and pointers to other related World Wide Web Internet sites. Conquest is not responsible for any content of such Web Sites or the privacy or other commercial practices of such Web Sites, unless stated otherwise. The links do not imply Conquest's endorsement of, or association with, the linked sites, unless otherwise stated.

User License to DATA-PLANET™ and Partner Content

By requesting access to the Site(s) and Database(s) and inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Site, you hereby grant to Conquest a license to store, transmit or display such materials, solely in connection with those functions or services requested by you.

Governing Law

These Terms of Use are governed by the laws of the United States and the State of Maryland, as an agreement entered into and performed in Maryland.

March 2013

Data-Planet is a SERU participant. Contact us at info@data-planet.com for more information.

DATA-PLANET by Conquest Systems, Inc.  ·  (301) 556-2455  ·  info@data-planet.com · Follow @dataplanet on Twitter