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68 lines
7.1 KiB
Markdown
68 lines
7.1 KiB
Markdown
---
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title: Terms and Conditions
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description: Thanks for using our product and services.
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---
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By using our products and services you are agreeing to the terms. Please read them carefully.
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_Latest Revision: February 20, 2020_
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## Definitions
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- _Users_ mean buyers and sellers of data in the marketplace.
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- _Data seller or provider_ means individual or an institution offering to sell the data in the marketplace.
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- _Data buyer or recipient_ means individual or an institution offering to buy the data from the marketplace.
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- _Marketplace_ means the web-based logistics data marketplace via which users can sell and buy logistics data.
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## Your agreement
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By using this Marketplace, you agree to be bound by, and to comply with, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use it.
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## Toxicity
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You shall not use the Marketplace to advertise, sell, or exchange any data, products or services relating to illegal or illicit activities, including, without limitation, pornographic products or services, illegal drug products or services, or illegal weapons.
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## Data Sharing
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The data recipient or buyer will not release data to a third party without prior approval from the data provider or seller. The data recipient will not share, publish, or otherwise release any findings or conclusions derived from analysis of data obtained from the data provider or data seller without prior approval from the data seller. BigChainDB is not responsible and guarantee quality of data provided by the sellers.
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## Delivery of the Data
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BigchainDB does not host in its premises the data being offered or already offered in the Marketplace by the data provider. If the provider selects IPFS as a medium to host data, then the data is stored in distributed data storage which BigchainDB has control over or the ability to manage.
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## Right to Remove Published Metadata
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BigchainDB holds the right to remove published data if found in violation of these terms and conditions. We also reserve the right to remove published data that are deemed out of scope of the Marketplace. That means data published by the sellers has to be logistics data and consistent with the data categories mentioned in the Marketplace.
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## Confidentiality
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The Recipient shall: (a) protect the Confidential Information of the Provider with at least the same degree of care with which it protects its own confidential or proprietary information, but not less than a reasonable degree of care, and (b) instruct its employees and all other parties who are authorized to have access to the Provider’s Confidential Information of the restrictions contained in this Agreement. Each Recipient shall limit access to the Provider’s Confidential Information to its own employees, agents, contractors, , and consultants strictly with a "need to know"; provided, however, that such parties have executed an agreement with the Recipient with confidentiality provisions at least as restrictive as those contained herein. The parties hereby undertake to ensure the individual compliance of such employees, agents, contractors, and consultants with the terms hereof and shall be responsible for any actions of such employees, agents, contractors, and consultants. The Recipient shall, as soon as reasonably practical after discovery, report to the Provider any unauthorized use of, disclosure of or access to the Provider’s Confidential Information, subject to any reasonable restrictions placed on the timing of such notice by a law enforcement or regulatory agency investigating the incident; and take all reasonable measures to prevent any further unauthorized disclosure or access.
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## Indemnification
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Users of the Marketplace shall defend, indemnify and hold harmless BigChainDB from and against any and all claims, demands, judgments, liability, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or resulting from the User’s or its Client's or Third Party Service Provider's misuse or unauthorized use of the Marketplace . In addition, both Data Provider and Data Recipients will hold each other harmless from and against any and all claims, demands, judgements, liability, damages, losses, costs, and expenses as a result of using Provider’s data.
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## Warranty Disclaimer / Limitation of Liability
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The Logistics Data Marketplace (referred to as Marketplace from here on) may be subject to transcription and transmission errors, accordingly, the Marketplace is provided on an "as is," "as available" basis. Any use or reliance upon the Marketplace by Users shall be at its own risk. EXCEPT AS SET FORTH IN THIS SECTION, NEITHER BIGCHAINDB NOR THE DATA PROVIDER MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, HEREUNDER WITH RESPECT TO THE SERVICES, DATA, OR THE MEDIA ON WHICH THE DATA IS PROVIDED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BIGCHAINDB AND THE DATA PROVIDERS AGGREGATE LIABILITY TO DATA RECIPIENT OR ANY THIRD PARTY, WHETHER FOR NEGLIGENCE, BREACH OF WARRANTY, OR ANY OTHER CAUSE OF ACTION, SHALL BE LIMITED TO THE PRICE PAID FOR THE PRODUCT OR SERVICES TO WHICH THE INCIDENT RELATES. IN NO EVENT SHALL BIGCHAINDB OR DATA PROVIDER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE AND HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO LOST INCOME OR LOST REVENUE, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY.
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## Audit / Non-Compliance
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BigchainDB may monitor your use of the Marketplace. BigchainDB reserves the right, in its sole discretion, to immediately suspend your use of the Marketplace in the event of any suspected or actual violation of the terms of this Agreement. In the event an audit reveals that you are not in compliance with the terms and conditions of this Agreement, you shall be responsible for the costs of the audit, as well as any and all damages resulting from such non-compliance including, without limitation, any special, incidental, indirect, or consequential damages whatsoever (including punitive damages and damages for loss of goodwill).
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## Regulations
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Users shall comply with all Federal and State laws and regulations governing the confidentiality of the information that is the subject of this Agreement.
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## Intended Use
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BigchainDB reserves the right to review and pre-approve the User’s intended use of the Marketplace.
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## Force Majeure
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BigchainDB shall not be liable for any losses arising out of the delay or interruption of its performance of the Marketplace due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond the reasonable control of the party.
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By accessing and using this Marketplace, you accept and agree to be bound by the terms and conditions of this agreement. In addition, when using the Marketplace, you shall be subject to any posted guidelines or rules applicable to using the services. Any participation in this Marketplace will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use the Marketplace.
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These terms and conditions are subject to change.
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