Terms of Service

Last Modified: April 16, 2014

Thanks for using CSDE products and services (“Services”). The Services are provided by Zoral Limited, located at 88 Wood Street, 10th floor, London EC2V 7RS, United Kingdom.

By using our Services, you are agreeing to these terms. Please read them carefully.

Using our Services

You must follow any policies made available to you within the Services.

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.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not CSDE’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Your CSDE Account

You may need a CSDE Account in order to use some of our Services. To protect your CSDE Account, keep your password confidential. You are responsible for the activity that happens on or through your CSDE Account. Try not to reuse your CSDE Account password on third-party applications.

You agree that you will be solely responsible to CSDE for your use of the Service. If you become aware of any unauthorized use of your password, or your account, you agree to notify CSDE immediately.

Licensing Requirements

Definitions

Licenses from CSDE to You

Service License

Subject to these Terms, CSDE gives you a personal, worldwide, royalty-free, non-transferable, non-assignable and non-exclusive license to use the Service as provided by CSDE, in the manner permitted by the Terms.

Content License

Subject to these Terms, CSDE gives you a personal, worldwide, royalty-free, non-transferable, non-assignable, and non-exclusive license to access, use, publicly perform and publicly display the Content, as the Content is provided in the Service, and in the manner permitted by the Terms. Specifically, you understand the following:

Proprietary Rights Notices

You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices, Terms of Use links, or brand features) that may be affixed to or provided through the Service. Where such notices are not affixed within the Service, you agree to display such notices according to the corresponding Terms.

Determination of Compliance

CSDE reserves the sole right and discretion to determine whether your use of the Service and Content is in compliance with these Terms.

Attribution

Content provided to you through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of CSDE, its partners, or other third party rights holders of content retrieved by CSDE. When CSDE provides this attribution, you must display it as provided through the Service and may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You understand and agree that CSDE has the sole right and discretion to determine whether your attribution(s) are in compliance with the above requirements.

Responsibility for Breaches

You agree that you are solely responsible for (and that CSDE has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of any such breach (including any loss or damage that CSDE may suffer).

Other Content

The Service may include hyperlinks to other websites or content or resources. CSDE has no control over any web sites or resources that are provided by companies or persons other than CSDE. You acknowledge and agree that CSDE is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such websites or resources.

You acknowledge and agree that CSDE is not liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources.

License Restrictions

Except as expressly permitted under the Terms, or unless you have received prior written authorization from CSDE (or, as applicable, from the provider of particular Content), CSDE's licenses above are subject to your adherence to all of the restrictions below.

Licenses from You to CSDE

Content License

CSDE claims no ownership over Your Content, and you retain copyright and any other rights you already hold in Your Content. By submitting, posting or displaying Your Content in the Service, you give CSDE a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publicly perform, publicly display and distribute Your Content through the Service for the sole purpose of enabling CSDE to provide you with the Service in accordance with CSDE's privacy policy.

Marketing License

You grant to CSDE a worldwide, royalty-free, non-transferable, and non-exclusive license during the Term to use Your Content to publicize or advertise that you are using the Service (for example, by using your marks in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website), or by creating marketing or advertising materials that show screenshots of the Service in which Your Content is featured).

Authority to Grant Licenses

You represent and warrant to CSDE that you have all the rights, power and authority necessary to grant the above licenses.

Privacy and Copyright Protection

CSDE’s privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that CSDE can use such data in accordance with our privacy policy.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the EU Electronic Commerce Directive (2000) and EU Copyright Directive (2001).

We help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights, you can notify us by providing your contact information (your name, company name, copyright holder name), the information about your copyrighted work (authorized examples of your work, an identification and description of the copyrighted work), and the location of the allegedly infringing material.

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, although we’ll be sorry to see you go. CSDE may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Indemnity

You agree to indemnify, defend, and hold CSDE, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Service, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Service, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. CSDE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of CSDE. CSDE will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CSDE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, CSDE, AND CSDE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CSDE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify CSDE and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

IN ALL CASES, CSDE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Language of the Terms

Where CSDE has provided you with a translation of the English language version of the Terms, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with CSDE.

If there is any contradiction between the English language version of the Terms and a translation of the Terms, the English language version will take precedence.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the 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, you should 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 CSDE 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 United Kingdom will apply to 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 courts of London, UK, and you and CSDE consent to personal jurisdiction in those courts.

For information about how to contact CSDE, please visit our contact page.