Redis To Go Terms of Service
The Redis To Go Terms of Service between Exceptional Cloud Services, LLC_ ("we" or "RedisToGo") and the customer who orders RedisToGo services ("you" or "Customer").
1. Your Agreement with RedisToGo.
- 1.1. Your use of the Redis To Go service (the "Service") is governed by this agreement (the "Terms"). "RedisToGo" means RedisToGo, located at PO Box 29502 #7142 Las Vegas, NV 89126-9502 United States, and its subsidiaries or affiliates involved in providing the Service.
- 1.2. In order to use the Service, you must first agree to the Terms. Your use of the Service serves as your acceptance of the Terms. You understand and agree that RedisToGo will treat your use of the Service as acceptance of the Terms.
- 1.3. You may not use the Service if you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service. You affirm that you are over the age of 13, as the Service is not intended for children under 13.
2. Your Account and Use of the Service
- 2.1. You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify RedisToGo immediately.
- 2.2. Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You agree not to use the Service in the design, development, production, or use of missiles or the design, development, production, stockpiling, or use of chemical or biological weapons.
- 2.3. You agree not to (a) access (or attempt to access) the administrative interface of the Service by any means other than through the interface that is provided by RedisToGo in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with RedisToGo, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
3. Service Policies and Privacy
- 3.1. You agree to comply with the Redis To Go Program Policies included and available at Program Policies (or such URL as RedisToGo may provide) (the "Program Policies") which is incorporated herein by this reference and which may be updated from time to time.
- 3.3. You agree that you will protect the privacy and legal rights of the users of your application. You must provide legally adequate privacy and protection for those users. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application and to RedisToGo.
4. Fees for Use of the Service
- 4.1. Subject to the Terms, the Service is provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services can be found here (or such URL as RedisToGo may provide).
- 4.2. For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in the Fees and Payment Policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees RedisToGo incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on RedisToGo's measurements of your use of the Service, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of RedisToGo and only in the form of credit for the Service. Nothing in these Terms obligates RedisToGo to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to RedisToGo may be shared by RedisToGo with companies who work on RedisToGo's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to RedisToGo and servicing your account. RedisToGo may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. RedisToGo shall not be liable for any use or disclosure of such information by such third parties. RedisToGo reserves the right to discontinue the provision of the Service to you for any late payments.
- 4.3. RedisToGo may change its fees and payment policies for the Service by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted in the Service FAQ or the Fees and Payment Policies (or such other URL RedisToGo may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
- 4.4. You may not develop multiple Applications to simulate or act as a single Application or otherwise access the Service in a manner intended to avoid incurring fees.
5. Content in the Service and Take Down Obligations
- 5.1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." The term Content shall specifically exclude the application that you create using the Service and any source code written by you to be used with the Service (collectively, the "Application").
- 5.2. RedisToGo reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service. You agree to immediately take down any Content that violates the Program Policies, including pursuant to a take down request from RedisToGo. In the event that you elect not to comply with a request from RedisToGo to take down certain Content, RedisToGo reserves the right to directly take down such Content or to disable the Application.
- 5.3. In the event that you become aware of any violation of the Program Policies by an end user of the Application, you shall immediately terminate such end user's account on your Application. RedisToGo reserves the right to terminate end user RedisToGo accounts or disable the Application in response to a violation or suspected violation of the Program Policies.
- 5.4. You agree that you are solely responsible for (and that RedisToGo has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which RedisToGo may suffer) by doing so.
- 5.5. You agree that RedisToGo has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Application and any Content.
6. Proprietary Rights
- 6.1. You acknowledge and agree that RedisToGo (or RedisToGo's licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- 6.2. Unless you have agreed otherwise in writing with RedisToGo, nothing in the Terms gives you a right to use any of RedisToGo's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features or intellectual property of RedisToGo.
- 6.3. Except as provided in Section 8, RedisToGo acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or the Application that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with RedisToGo, you agree that you are responsible for protecting and enforcing those rights and that RedisToGo has no obligation to do so on your behalf.
7. License from RedisToGo and Restrictions
- 7.1. RedisToGo gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by RedisToGo as part of the Service as provided to you by RedisToGo (referred to as the "Redis To Go Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by RedisToGo, in the manner permitted by the Terms.
- 7.2. You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Redis To Go Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized to do so by RedisToGo, in writing (e.g., through an open source software license); (b) attempt to disable or circumvent any security mechanisms used by the Service or any Application; (c) use the Service to create an Application that performs a malicious activity, including but not limited to spamming users, harvesting usernames and passwords, performing unauthorized scans of machines or ports or creating DoS attacks; or (d) upload or otherwise process any malicious content to or through the Service.
- 7.3. Unless RedisToGo has given you specific written permission to do so (e.g., through an open source software license), you may not assign (or grant a sub-license of) your rights to use the Redis To Go Software, grant a security interest in or over your rights to use the Redis To Go Software, or otherwise transfer any part of your rights to use the Software.
- 7.4. Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with RedisToGo for the use of the components of the Service released under an open source license.
8. License from You
- 8.2. You agree that RedisToGo, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.
- 9.1 RedisToGo may, and you grant us permission to, make recommendations via the Service for products or services we think may be of interest to you based on your Application(s), Content, and/or use of the Service. We will never make recommendations directly to your End Users.
10. Modification and Termination of the Service
- 10.1 RedisToGo is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which RedisToGo provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the Service will be effective with respect to all versions of the Service; examples of changes to the form and nature of the Service include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
- 10.2 You may terminate these Terms at any time by canceling your account on the Service. You will not receive any refunds if you cancel your account.
- 10.3 You agree that RedisToGo, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that RedisToGo may terminate your access to the Service immediately upon notice, and you agree that RedisToGo will not be liable to you or any third party for such termination.
- 10.4 You are solely responsible for exporting your Content and Application(s) from the Service prior to termination of your account for any reason, provided that if we terminate your account, we will make reasonable efforts to permit you to retrieve your Content and Application(s) for a reasonable period of time.
- 10.5 Upon any termination of the Service or your account these Terms will also terminate, but Sections 6.1, 11, 12, 13, 14, and 17 shall continue to be effective after these Terms are terminated.
11. EXCLUSION OF WARRANTIES
- 11.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT RedisToGo'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
- 11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." RedisToGo, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RedisToGo, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE.
12. LIMITATION OF LIABILITY
- 12.1. Except for liability based on willful misconduct or fraudulent misrepresentation, and liability for death or personal injury resulting from RedisToGo’s negligence, the maximum aggregate monetary liability of RedisToGo and any of its employees, agents, suppliers, or affiliates in connection with the services, the Terms of Service, and any act or omission related to the Services or Terms of Service, under any theory of law (including breach of contract, tort, strict liability, violation of law, and infringement) shall not exceed the greater of (i) the amount of fees you paid for the Services for the six months prior to the occurrence of the event giving rise to the claim, or (ii) Five Hundred Dollars ($500.00).
- 12.2. THE LIMITATIONS ON REDISTOGO LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT REDISTOGO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- 13.1 If RedisToGo, its affiliates, or any of the employees, agents, or suppliers of RedisToGo (the "RedisToGo Indemnitees") are faced with a legal claim by a third party arising out of your actual or alleged gross negligence, willful misconduct, violation of law, failure to meet your obligations under the Terms of Service, then you will pay the cost of defending the claim (including reasonable attorney fees) and any damages award, fine, or other amount that is imposed on the RedisToGo Indemnitees as a result of the claim. Your obligations under this Section include claims arising out of the acts or omissions of your employees, any other person to whom you have given access to the Services, and any person who gains access to the Services as a result of your failure to meet your security obligations in the Terms of Service, even if the acts or omissions of such persons were not authorized by you. RedisToGo will choose legal counsel to defend the claim, provide that these decisions must be reasonable and must be promptly communicated to you. You must comply with our reasonable requests for assistance and cooperation in the defense of the claim. RedisToGo may not settle the claim without your consent, although such consent may not be unreasonably withheld. You must pay expenses due under this Section as RedisToGo incurs them.
14. Copyright Policy
- 14.1. You agree to set up a process to respond to claims of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA s"). It is RedisToGo's policy to respond to DMCA s or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA. For more information, please go to the DMCA (or such URL as RedisToGo may provide).
15. Other Content
- 15.1. The Services may include hyperlinks to other web sites or content or resources or email content. RedisToGo may have no control over any web sites or resources which are provided by companies or persons other than RedisToGo.
- 15.2 You acknowledge and agree that RedisToGo 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 web sites or resources.
- 15.3. You acknowledge and agree that RedisToGo is not liable for any loss or damage which may be incurred by you or users of your Application 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 web sites or resources.
16. Changes to the Terms
- 16.1. RedisToGo reserves the right to update and change the Terms of Service from time to time. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the amended Terms of Service as follows: Amended Terms of Service will become effective the earlier of either your acceptance of the amended Terms of Service, your continued use of the Services after written notice of the amended Terms of Service, or thirty days after the date RedisToGo posts such amended Terms of Service on the RedisToGo website. In addition, if over time you sign multiple orders for a single account, then the Terms of Service incorporated in the latest order posted on the effective date of the latest order will govern the entire account.
17. General Legal Terms
- 17.1. The Terms constitute the whole legal agreement between you and RedisToGo and govern your use of the Service (but excluding any services which RedisToGo may provide to you under a separate written agreement), and completely replace any prior agreements between you and RedisToGo in relation to the Service.
- 17.2. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
- 17.3. If RedisToGo provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
- 17.4. You agree that RedisToGo may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
- 17.5. You agree that if RedisToGo does not exercise or enforce any legal right or remedy which is contained in the Terms (or which RedisToGo has the benefit of under any applicable law), this will not be taken to be a formal waiver of RedisToGo's rights and that those rights or remedies will still be available to RedisToGo.
- 17.6. RedisToGo shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
- 17.7. The Terms, and your relationship with RedisToGo under the Terms, shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The Terms of Service shall not be governed by the United Nations Convention on the International Sale of Goods. Each of us agrees that any dispute or claim, including without limitation, statutory, contract or tort claims, relating to or arising out of the Terms of Service or the alleged breach of the Terms of Service, shall, upon timely written request of either of us, be submitted to binding arbitration. The party asserting the claim may elect to have the arbitration be in-person, telephonic or decided based on written submissions. The arbitration shall be conducted in the city in which you reside. The arbitration shall proceed in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) in effect at the time the claim or dispute arose. The arbitration shall be conducted by one arbitrator from AAA or a comparable arbitration service, and who is selected pursuant to the applicable rules of the AAA. The arbitrator shall issue a reasoned award with findings of fact and conclusions of law and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either you or RedisToGo may bring an action in any court of competent jurisdiction to compel arbitration under the Terms of Service, or to enforce or vacate an arbitration award. RedisToGo will pay the fee for the arbitrator and your filing fee, to the extent that it is more than a court filing fee. RedisToGo agrees that it will not seek reimbursement of our fees and expenses if the arbitrator rules in our favor. Each of us waives any right to a trial by jury, and agrees that disputes will be resolved through arbitration. No claim subject to this provision may be brought as a class or collective action, nor may you assert such a claim as a member of a class or collective action that is brought by another claimant. Each of us agrees that we will not bring a claim under the Terms of Service more than two years after the time that the claim accrued. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
- 17.8 For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- 17.9 You may not assign these Terms of Service without RedisToGo’s prior written consent. RedisToGo may assign the Terms of Service in whole or in part to an affiliate with sufficient financial standing in order to meet its obligations under the Terms of Service or as part of a corporate reorganization or a sale of its business, and we may transfer your information as part of any such transaction.