Last Updated: August 17, 2012
Thanks for using our products and services ("Services"). The Services are provided by OpenFin Inc. ("OpenFin"), located at 86 Chambers Street, Suite 701, New York, NY 10007, United States. By using our Services, you agree to these terms. Please read them carefully.Using our Services
You must comply with these terms and any terms and conditions made available to you within the Services ("Additional Terms").
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.Your OpenFin Account
An OpenFin Account is a secure login used to authenticate your identity and prevent unauthorized access by others. You need an OpenFin Account in order to:
The Services contain various information in the form of data, text, graphics, and other materials that belongs to us and/or our third party licensors (the "Content"). You acknowledge that the Services and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of us or our licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a single copy of the Content for your own personal use, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.
The trademarks, service marks, trade names and logos used and displayed on our site (the "Marks") are registered and unregistered trademarks of ours. All page headers, custom graphics, button icons, and scripts are Marks of ours and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not authorized by us, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us. The Marks are and shall remain our sole property. Nothing in these terms shall be construed as granting, by implication, estoppel or otherwise, any license, ownership right, or right to use any Marks. The misuse of the Marks or any other Content is strictly prohibited.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any content available through the Services violates your or a third party's copyright, please notify us by providing the following information to Nicholas Gavronsky at email@example.com: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located in the Services; (4) your address, telephone number and email address; (5) 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 (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time. OpenFin may also stop providing Services to you, or add or create new limits to our Services at any time.Our Warranties and Disclaimers
NEITHER OPENFIN NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE, AND THEY EACH HEREBY DISCLAIM, ANY SPECIFIC PROMISES AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES AND THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. WE PROVIDE THE SERVICES AND CONTENT "AS IS".
Our Services may contain links to third party web sites. Any such links are provided for your convenience only. We do not control those web sites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products offered on those sites.Liabilitiy for our Services
UNDER NO CIRCUMSTANCES WILL WE OR OUR SUPPLIERS OR DISTRIBUTORS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SERVICES, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.Indemnification
You agree to indemnify, defend, and hold us and our officers, directors, members, managers, employees, agents, affiliates, suppliers, successors and assigns harmless from and against any and all claims, liabilities, damages, losses and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your access to or other use of the Services.Business uses of our Services
If you are using our Services on behalf of a company or other organization, that company or other organization will be bound by these terms, and you hereby warrant and represent that you are authorized to accept and agree to these terms on behalf of such company or other organization.About these Terms
We may modify these terms or any additional terms that apply to a Service at any time. You should review these terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, your sole and exclusive remedy is to discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between OpenFin and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of the State of New York, without regard to its conflict of laws rules, will apply to these terms any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts located in New York, New York, and you and OpenFin consent to personal jurisdiction in those courts. A printed version of these terms shall be admissible in judicial or administrative proceedings based on 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. These terms, together with any Additional Terms, constitute the entire agreement between you and us with respect to the Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services.
For information about how to contact OpenFin, please visit our contact page.