Vast Data Inc. and, as it deems applicable, its corporate affiliates (“Vast Data”, “we”, “our”, “us” or the “Company”) welcomes you (the “User(s)”, or “you”) to use our website available at: vastdata.com and any of its subdomains and linked web pages (if we make such available and accessible to You) (the “Website”). Users may use the Website in accordance with the terms and conditions hereunder.
These Terms apply and govern your use of and access to the Website and they do not govern the use of and access to the Vast Data storage software solution or services (the “Services”). If you are accessing or using the Services – even if you are doing so through a trial – then you do so subject to VAST Data End User Services & License Agreement (currently available at: https://vastdata.com/end-user-services-and-license-agreement) unless you entered into another written contract between Vast Data or its authorized distributor and You, in which case the latter will apply.
1. Acceptance of the Terms
Please read carefully: By entering to, and/or by using the Website, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: https://vastdata.com/privacy-policy (the “Privacy Policy”, collectively with these Terms of Use, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Website and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you. Only business owners and persons acting in the name and on behalf of companies or authorities, and persons acting on their own behalf for their own personal use, are authorized to use the Website. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, USE OR ACCESS THE WEBSITE IN ANY MANNER.
2. Use Restrictions
There are certain conducts which are strictly prohibited when visiting or using our Website. Please read the following restrictions carefully.
You may not and you shall not permit any person, and/or any third party to: (a) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of any information and content accessible through our Website (the “Content”), in any way or publicly display, perform, or distribute them; (b) make any use of the Content separately from the Website for any purpose, or replicate and/or copy the Content, without the Company's prior written consent or otherwise use the Website or Content or any portion thereof for benchmarking or any competitive purpose; (c) create a browser or border environment around the Website and/or Content, link, including in-line linking, to elements on the Website, such as images, files and videos, and/or frame or mirror any part of the Website; (d) interfere with or violate any other Website visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of our Website without their express consent, including using any “robot”, “spider”, site search app or of any part thereof, including the Company’s data bases, or retrieval application or parts thereof, including data index, or other manual or automatic device or process to retrieve, index, or data-mine; (e) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (f) transmit or otherwise make available in connection with the Website any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (g) interfere with or disrupt the operation of the Website, or the servers or networks that host the Website, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (h) sell, license, make non-personal use, or exploit for any commercial purposes any use of or access to the Content without the explicit consent of the Company; (i) create a database by systematically downloading and storing all or any of the Content from the Website; (j) forward any data generated from the Website without the prior written consent of the Company; (k) if Vast Data grants you access to certain restricted portions of the Website, transfer and/or assign the User’s Website access credentials, even temporary, to a third party; (l) use the Website or Content for any illegal, immoral or unauthorized purpose, or (m) remove, separate, or delete from the Content any and all copyright notices, restrictions and signs indicating proprietary rights of the Company or its licensors, including [®], copyright mark [©] or trademark [™] contained in or accompanying the Content included in the Website, and you represent and warrant that you will abide by all applicable laws in this respect.
At any time, the Company may permanently or temporarily block your access to our Website, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law. Such actions by the Company may be taken if the Company deems that you have breached any of these Terms in any manner.
3. Privacy Policy
Vast Data respects the privacy of our Users and we are committed to protecting the information you share with us in connection with your use of the Website. In the scope of your access to and use of the Website, certain personal data may be collected, processed, stored, and analyzed by us, in accordance with the Privacy Policy. By accessing or using the Website you agree to the Vast Data Privacy Policy.
4. Confidentiality
Either party (a “Disclosing Party”) may disclose or make available to the other party (a “Receiving Party”) certain information regarding its technology, operations and business (“Confidential Information”). Receiving Party agrees to use best reasonable industry measures to protect the confidentiality and not disclose the Confidential Information to any third party or use any Confidential Information except as required standard and reasonable use of the Website in accordance herewith. Without limiting the foregoing, with respect to Vast Data, it is clarified that any Content that requires User to log in to a restricted portion of the Website. in order to access such Content, is deemed Confidential Information of Vast Data. Confidential Information shall not include information that Receiving Party can show by written evidence (a) was already lawfully known to or independently developed by Receiving Party without access to or use of Confidential Information, (b) was received by Receiving Party from any third party without restrictions, (c) is publicly and generally available, free of confidentiality restrictions. Receiving Party shall not be prevented from disclosing Confidential Information pursuant to a binding court order or similar binding legal requirement for disclosure, provided that, unless otherwise prohibited by applicable law, Receiving Party provides Disclosing Party with prompt notice of such requirement and cooperate in order to minimize such requirement. The Receiving Party shall restrict disclosure of Confidential Information to those of its employees with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. Receiving Party shall in any event remain liable for any actions or omissions performed by its employees and service providers, as if performed by Receiving Party.
5. Intellectual Property Rights
The Company is granting you with a limited, personal, non-exclusive, non-assignable, not-transferable, non-sublicensable license, that can be cancelled completely, to use the Website on your device or on a device which is in your control, subject solely to the Terms. These Terms do not entitle you with any right in the Website or in connection therewith, except for a limited right to use it according to the Terms. The Company’s marks and logo and all other proprietary identifiers used by the Company in connection with the Website or Services (the “Company Trademarks”) are all trademarks and/or trade names of the Company, whether they are registered or not. We may refer to other trademarks, trade names, identifying marks and logos in the Website in connection with identified offerings of third parties. Such trademarks, trade names, identifying marks and logos, belong to their right owners (“Third Party Trademarks”). No right, license, or interest to the Company Trademarks or Third-Party Trademarks is granted hereunder, and therefore you will avoid using any of those marks unless such use was specifically authorized in the Terms. The Website, and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of the Website), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered or not (collectively, "Intellectual Property"), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under United States and Israeli laws, foreign laws and international conventions.
6. Availability and Changes to the Website
Our Website’s availability and functionality depends on various factors, including third party services, such as communication networks. The Company does not warrant or guarantee that the Website will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Website (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion.
7. Limitation of Liability and Disclaimer and Warranties
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR CONTENT. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN CONNECTION WITH THE USE OF OR ACCESS TO THE WEBSITE WHETHER OR NOT THE COMPANY HAD INFORMED THE USER OF SUCH POSSIBLE DAMAGE.
THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY CONTENT AVAILABLE ON THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE COMPANY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON THE WEBSITE. THE USE OF THE WEBSITE OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY RELATING TO SUCH USE. YOU ASSUME RESPONSIBILITY FOR THE ACTIONS AND OMISSIONS OF ANY PERSON ACTING ON YOUR BEHALF, AS IF PERFROMED BY YOU.
THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.
8. Indemnification
You agree to defend, indemnify and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) made by third parties against Vast Data, arising directly or indirectly from: (a) your violation of any term of theTerms; (b) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Website; and (c) any claim for financial remedies or other compensations due to a decision that was taken or not taken or any action that was made or not made based on the Content.
9. Amendments to the Terms
The Company may change the Terms from time to time, at its sole discretion and without any notice, and therefore requests all its Users to re-visit this page often. We will notify you regarding substantial changes of these Terms by posting a notice in the Website or in case you have joined our mailing list, by sending you an e-mail regarding such changes to the e-mail address that you provided to us. Such substantial changes will take effect seven (7) days after such notice was provided on the Website or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Website the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
10. Minors
To enjoy our Website, you must be over the age of sixteen (16). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using our Website. In the event that it comes to our knowledge that a person under the age of sixteen (16) is using our Website, we will prohibit and block such User from accessing our Website and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy with regard to such User).
11. Links to Third Party Services
Our Website may contain links to non-Company services or resources (“Third Party Services”), such linked services are provided solely as a convenience to you. You hereby acknowledge that these linked services are not under the control of the Company and it is not responsible for the availability of such external services or resources and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked services or any link contained in a linked service. All use of and access to such Third-Party Services are governed by their respective terms of use and privacy policy, and we encourage you to carefully read such documents before using those services.
12. General
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Company. Any claim relating to the Website or use of the Website will be governed by and interpreted in accordance with the laws of New York, New York, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Website will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of New York, New York. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Company's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The provisions of the sections titled: Intellectual Property, Confidentiality, Disclaimer and Warranties, Limitation of Liability, Indemnification and General will continue to be in effect for perpetuity unless otherwise expressly agreed in writing between you and Vast Data. Notices to you may be made via email or regular mail, if applicable. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send the Company an email by pressing the “Email Us”, “Chat with Us”, or “call with Us buttons”, and the Company will make an effort toreply within a reasonable timeframe. By contacting the Company you warrant and agree that you are free to do so, and that you will not provide the Company with information that violates any third party rights (the “Information”). Without degrading from the aforesaid, all rights, including intellectual property, arising from the communication will be owned by the Company and will be considered as the Company’s confidential material. It is clarified that any use of the Information, will be done in the sole discretion of the Company, and the Company is not obligated to use all or part of such Information.