DataStreamX.com (the 'Website') is owned and operated by DataStreamX Pte Ltd ('we', 'us' and 'DataStreamX').
On the Website you can browse and buy licenses to data products ('Data Products') from third parties (referred to as 'Vendors') and you can register as a Vendor to sell licenses to Data Products to third parties (referred to as 'Buyers').
DataStreamX is neither the Buyer nor the Vendor of Data Products.
DataStreamX is the platform provider and helps facilitate transactions between the Vendor and the Buyer. DataStreamX provides a venue for Vendors and Buyers to complete transactions. The contract formed at the completion of a sale of a license for a Data Product is solely between the Buyer and the Vendor (referred to as the 'End User License Agreement'). DataStreamX is not a party to the End User License Agreement.
DataStreamX assumes no responsibility arising out of or in connection with the End User License Agreement. DataStreamX is not the Vendor's or the Buyer's agent. The Vendor is responsible for the sale of the license to the Data Product and for dealing with any Buyer claims or any other issue arising out of or in connection with the End User License Agreement between the Buyer and Vendor.
Notwithstanding any other provision, we will have the right at our sole discretion to determine the content, appearance, design, functionality and all other aspects of the Website and all of its parts from time to time and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Vendors not to list any or all Data Products.
You represent, undertake and warrant to us that:
You must not (directly or indirectly):
'Law' means all laws, rules, regulations, guidelines of any court, regulator or competent authority, from time to time.
DataStreamX retains the right to, if it considers it appropriate: immediately halt any End User License Agreement; prevent or restrict access to the Website; or take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, inappropriately categorized Data Products, unlawful items or items prohibited from listing on the Website.
Upon termination, all rights and obligations of the parties will be extinguished.
Use of the Website is limited to parties that can lawfully enter into and form contracts under the laws of Singapore.
You may only buy and sell licenses on the Website if you register for a user account.
We may refuse your registration at our sole discretion and without notice or reason.
To use the Website, you must complete the registration process for a user account. As part of the registration, you must provide us with your (or your organization's) legal name, address, phone number and e-mail address and any other information DataStreamX requires as part of the registration process. You must follow the instructions and provide the required information as part of the registration process for a user account.
DataStreamX may at any time require you to submit any information and/or evidence at a designated location or through methods as instructed by DataStreamX to verify your registration. If there is a change to any information submitted to DataStreamX, whether at the time of submission or later, you must immediately notify DataStreamX and provide the updated information.
You can access and update much of the information you have provided us with, including your account settings, in the Profile area of the Website.
You warrant and represent to DataStreamX that the information you provide during the registration process (and any notification of change of such information) is true and correct. If you provide false or incorrect registration information or do not notify DataStreamX of changes to your registration information immediately, DataStreamX reserves the right to terminate your account immediately and without notice to you.
DataStreamX requires Buyers and Vendors to confirm their identity as part of the registration process in compliance with applicable Laws. However, DataStreamX is unable to confirm or warrant the identity of each Buyer and Vendor. If you are concerned about another user's identity, please inform us at firstname.lastname@example.org.
If you sign up for a user account on the Website, as a Buyer or as a Vendor, you are responsible for maintaining the confidentiality of your user account and password and for restricting access to your user account, and to the extent permitted by applicable Laws you agree to accept responsibility for all activities that occur under your user account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all notices, disclosures and other communications that we provide to you in this way satisfy any legal requirement that such communications be in writing, unless mandatory applicable Laws specifically require a different form of communication.
Except for the Data Products, all content included in or made available on the Website, such as text, graphics, trademarks, logos, button icons, images, audio clips, digital downloads and data compilations is the property of DataStreamX (or its content suppliers).
You may not extract and/or re-use the Brand Names or parts of the content of the Website without our express written consent. In particular, you may not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-use of any parts of the content of the Website, without our express written consent. You may also not create and/or publish your own database that features any parts of the Website (e.g. prices and listings) without our express written consent.
You and other visitors to the Website may post reviews, comments and other content, provide feedback, send electronic communications, and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content.
If you post content or submit material you grant to DataStreamX a non-exclusive, irrevocable, royalty-free and fully sub-licensable and transferable rights to use, disclose, reproduce, modify, license, adapt, publish, translate, transfer, create derivative works from, distribute, and display such content throughout the world in any media and without any further obligation to you.
To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to indemnify DataStreamX for all claims brought by a third party against DataStreamX arising out of or in connection with the content and material you supply.
Because a very large number of Data Products that are listed and customer reviews and comments that are hosted on the Website, it is not possible for us to be aware of the contents of each Data Product, each customer review or comment that is displayed. Accordingly, we operate on a "notice and action" basis. Therefore:
Please include clear information about your concern. Each Vendor has its own username to identify the Vendor. Each Data Product will also have its own product number and title to identify the relevant Data Product. Please include these details if relevant.
We will respond as quickly as we can to your concern.
Upon receipt of such a communication we may take action, including requiring you to provide additional information, or removing a Data Product or content from the Website. All of these actions are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting such a communication, you grant to DataStreamX the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the communication to the parties involved in the provision of the allegedly infringing content. You agree to indemnify DataStreamX for all claims brought by a third party against DataStreamX arising out of or in connection with the communication.
Giving false, misleading or inaccurate information in any communication with DataStreamX may result in civil and/or criminal liability. You should contact a legal advisor if you have any questions.
The following terms and conditions apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Website (the 'DataStreamX Software').
In order to cooperate with governmental requests, to protect our systems and users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including user contact details, IP addresses and traffic information, usage history and posted content.
During the course of your use of the Website, you may receive information relating to us or to the Website that is not known to the general public (whether marked as confidential or not)('Confidential Information').
You may not issue any press release or make any public statement related to the Website, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way, except that Vendors may use our name, trademarks or logo (but may not alter them in any way) solely in connection with a statement that your Data Products are available to buy on the Website (and in accordance with any other instructions that we may issue from time to time).
DataStreamX may use your organization's name and/or logo in its marketing and promotional materials. You may choose to disallow this by adjusting your user account preferences.
We may include third party advertising and links to other websites of affiliated companies and certain other businesses. We are not responsible these third party advertisements or websites. You should carefully review their privacy policies and other terms and conditions.
DataStreamX is neither the Buyer nor the Vendor of Data Products.
DataStreamX accepts no responsibility in respect of the Data Products listed by Vendors or the Buyers use of the Data Products, including but not limited to any damages caused by the Data Products to the Buyer or any breaches of the End User License Agreement by the Buyer or the Vendor.
If a dispute arises between any Buyer and any Vendor, the Buyer and the Vendor must release DataStreamX (and its employees, representatives and agents) from claims, demands and damages (actual and consequential) of every kin and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of in any way connected to such disputes.
DataStreamX provides the Website and all of its parts on an 'as is' basis. DataStreamX makes no other representations or warranties of any kind, express or implied, including without limitation: (a) warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (b) that the Website will your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error; (c) that the DataStreamX Software will meet your requirements or operate without error; (d) that the Data Products included on the Website will be as represented by the Vendors, available, lawful or that the Vendors will perform as promised.
DataStreamX disclaims any such warranties to the fullest extent permissible under applicable Law.
(b) DataStreamX does not exclude any liability for fraud or for death or personal injury to the extent only that it arises as a result of the negligence of DataStreamX, its employees, agents or authorized representatives.
We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. DataStreamX may transfer, assign or delegate its rights and obligations at its sole discretion and without notice.
The authentic language of this Agreement is English and any translations provided are for convenience only. If there is any conflict between the English language version of this Agreement and any translation, then the English language version will prevail. You agree we may communicate with you in English during the term of this Agreement.