Build Your Own Facetmap: Terms of Service

Facetmap provides application hosting service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You must agree with these Terms of Service to use the Build Your Own Facetmap service. You can review the most current version of the Terms of Service at any time at: http://facetmap.com/demosetup/terms.html.

This Service Agreement (the "Agreement") is between the organization or individual (referred to here as "you" or "your") who uploads a data file to Facetmap servers for demonstration, and Facetmap (referred to here as "us", "we" or "our"), and becomes effective the day you accept its terms by responding in the affirmative to the statement "I accept the Facetmap Demo terms of service". Please read this entire Agreement. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, DO NOT SIGN UP FOR THE SERVICE.

Terms of Service

The Service

The Build Your Own Facetmap service allows your data to be represented with our proprietary browsing technology (the "Service"). You may use the Service without charge, as often as you like. We may monitor the volume of your Service use. If we decide for any reason that your use is significantly impairing the Service for other users, we may discontinue the Service for you or discontinue the Service entirely.

Your Obligations When Using the Service

You must own all of the rights to the data that you submit to us, and that are necessary to allow you to submit them to us for use with the Service. The data must not be defamatory, libelous, slanderous, obscene, or pornographic, and it must not be of a nature that causes such data to appear on Facetmap.com webpages. If, in our sole discretion, we determine that you have breached any term of this agreement, we may take immediate remedial action without notifying you.

You agree to indemnify and defend us, and our officers, directors and agents, against all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) (collectively "Losses") arising out of any claim, or proceeding (each, an "Action") brought against Facetmap, its affiliates or customers alleging (a) infringement of any intellectual property rights by you; (b) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity related to your using the Service; or (c) your breach of any of the terms of this Agreement. You are not required to indemnify us unless (i) we promptly notify you of the Action; (ii) we grant you control of the defense or settlement of the Action; and (iii) we cooperate with your defense or settlement (at your expense).

Limitation of Warranty and Liability

We will make a reasonable effort to have the Service perform substantially as described in our documentation, as that is updated from time to time. Notwithstanding this effort, we make no warranties regarding the service, and specifically disclaim all implied and statutory warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the generality of the foregoing, we further disclaim any warranty of uninterrupted or error-free service.

To the extent allowed by applicable law, you agree that neither we, nor our licensors nor subcontractors are liable for any damages arising from your use or inability to use the Service, including any direct, indirect, incidental, special or consequential damages. Without limiting the generality of the foregoing, Facetmap and its licensors are not responsible for any errors in transmission, corruption of data, or breach of the security of your information carried over inter-exchange-carriers', local-exchange-carriers', or other providers' facilities.

General Terms

The parties, and their respective personnel, are independent contractors, and nothing contained in this Agreement makes one party the partner, joint venturer, agent or employee of the other party.

This Agreement states the entire agreement between the parties regarding the Service, and supersedes any previous or contemporaneous agreement or representation regarding the Service. The Agreement may only be changed if we post a new agreement at this site.

The laws of the State of California, without regard to its conflict of laws principles, govern this Agreement. In any litigation arising out of the Service or this Agreement, the prevailing party will be entitled to recover costs and reasonable expert and attorneys' fees. You must not assign this Agreement without our express written permission, and any attempt to do so is void. If any provision of this Agreement is adjudicated to be unenforceable, the remaining provisions will continue in full force and effect.