Throughout the Terms, “we,” “us,” “our” and “ours” refer to Databricks, and “you,” “your” or “yours” refer to you personally (i.e., the individual who reads and agrees to be bound by these Terms) and, if you access the Sites on behalf of a legal entity, to that entity. If you are using the Sites on behalf of any entity you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and, by accepting these Terms, you are hereby binding such entity to the Terms.
1. ACCEPTANCE OF TERMS
Databricks provides the Sites to you conditioned upon your accepting all of the Terms, without modification. Your use of the Sites constitutes your agreement with such Terms. We reserve the right to change, modify, add to, or remove portions of these Terms in our sole discretion at any time and we will, at our sole discretion, either post the modification on www.databricks.com/terms-of-use or provide you with email notice of the modification. You should check these Terms periodically for changes and you can determine when these Terms were last revised by referring to the “Last Updated” reference at the top of these Terms. Any modification shall be effective immediately upon the uploading of modified Terms. You indicate your agreement to comply with, and be bound by, any such modification by continuing to use or access the Sites after modified Terms are posted. If the modified Terms are not acceptable to you, your sole recourse is to discontinue your use of the Sites.
If you have registered for and opened an account through the Sites (an “Account”), you are entirely responsible for maintaining the confidentiality of your Account information, including your password, and for any and all activity that occurs under your Account. You agree to notify Databricks immediately of any unauthorized use of your Account or password, or any other breach of security. However, you will remain responsible for losses incurred by Databricks or by any other party due to your knowingly or inadvertently permitting unauthorized use of your Account or your Account information. You may not use anyone else’s ID, password or account at any time unless we expressly pre-approve such use, or unless expressly permitted under a Services Agreement. Databricks cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Registration for any account is void where the user lacks the requisite eligibility for registration or if such registration is otherwise prohibited.
Software (“Software”) or the Platform Services may be made available to you through the Sites. Your rights to access and use the Platform Services, including any Software will be subject to your agreement to the applicable Services Agreement governing your use of the Platform Services and to any terms and conditions of any applicable third party software license agreement (“Software License”) identified in the Software or on the web page providing access to the Software. You may not use any Software unless you agree to be bound by all terms and conditions of any applicable Software License. If there is a conflict between any Services Agreement and any Software License, the conflicting term of the Software License shall control but only to the extent necessary to eliminate the conflict.
“Apache” and “Spark” are trademarks of the Apache Software Foundation. Any other third party trademarks, service marks, logos, trade names or other proprietary designations, that are or may become present within the Sites, including within any Content, are the registered or unregistered trademarks of the respective parties.
Except solely as necessary for you to access the Sites for the intended purpose pursuant to these Terms, you may not copy, collect, modify, create derivative works or uses of, translate, distribute, transmit, publish, re-publish, perform, display, post, download, upload, sublicense, transfer, dispose of, resell or sell the Content or any other part of the Services. Except as expressly set forth in these Terms, these Terms do not grant to you any license to any intellectual property rights or other proprietary rights, including any implied licenses or licenses granted by estoppel or otherwise.
Subject to your compliance with these Terms, solely for so long as you are permitted by Databricks to access and use the Sites, and provided that you keep intact all copyright and other proprietary notices, you may view Content and you may download and print the materials that Databricks specifically makes available for downloading from the Sites (such as white papers or user documentation), in each case solely for informational purposes and solely for personal or internal business use.
3. INFORMATION SUBMITTED THROUGH OR TO OUR SITES
At our sole discretion, you may be permitted to provide Submissions (as defined in the next sentence) to the Sites (e.g., through our forums). “Submissions” are defined to include: any messages, emails, text, graphics, code, questions, suggestions, comments, feedback, ideas, plans, notes, drawings, sample data, sound, images, video, original or creative materials, and other items or materials that you may provide to discussion forums, blogs, or other interactive features or areas of the Services where you or other users can create, post, transmit or store Content. Unless otherwise specifically agreed to by you and Databricks, by uploading, e-mailing, posting, publishing or otherwise transmitting any Submission, you hereby acknowledge that such Submission is non-confidential and you automatically grant (or warrant that the owner of such rights has expressly granted) to Databricks a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, fully paid-up and royalty-free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display (whether publicly or otherwise), modify, adapt, publish, transmit and otherwise exploit such Submission, by means of any form, medium, or technology now known or later developed, and to grant to others rights to do any of the foregoing. In addition, you warrant that all so-called moral rights in such Submission have been waived.
For each Submission, you represent and warrant that you have all rights necessary for you to grant the license granted in the prior paragraph, and that such Submission, and your provision thereof to and through the Sites, does not violate any privacy, publicity, contractual, intellectual property, or other right or rights of any person or entity or otherwise violate any applicable laws, rules or regulations. You acknowledge that Databricks may have ideas or materials already under consideration or development that are or may be similar to your Submissions and that you are not entitled to any form of compensation or reimbursement from Databricks in connection with your Submissions. You agree to be fully responsible for, and to pay any and all royalties, fees, damages, and any other monies owing any person or entity by reason of, any Submission you provide to the Sites. We reserve the right to terminate access to all or any part of the Sites for anyone we suspect to be an infringer of our or any third party’s intellectual property rights of any kind whatsoever.
You agree that you will not, and will not allow or authorize any third party to, post Submissions containing:
Databricks reserves the right to disclose any Submissions, and the circumstances surrounding their transmission, to any third party to operate the Sites, to protect Databricks or its suppliers or representatives, to protect users of the Sites, to comply with legal or regulatory obligations, to enforce these Terms, or for any other reason. Databricks is not responsible or liable for the conduct of, or your interactions with, any other users of the Sites (whether online or offline), or for any associated loss, damage, injury or harm. By using the Site, you may be exposed to Submissions that are offensive, indecent or objectionable and you agree that Databricks bears no liability for such exposure.
4. REQUIRED CONDUCT WHILE USING OUR SITES
While using the Sites you will comply with all applicable laws, rules and regulations. In addition, Databricks expects users of the Sites to respect the rights and dignity of others. Your use of the Sites is conditioned on your compliance with the rules of conduct set forth in this Section; any failure to comply may also result in termination of your access to the Sites pursuant to Section 9 (Suspension or Termination of Access to Our Sites). In using the Sites, you agree that you will not, and will not allow or authorize any third party to:
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES, INCLUDING ANY CONTENT, IS AT YOUR SOLE RISK. ALL OF THE SITES AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DATABRICKS MAKES NO RELATED REPRESENTATIONS, AND DISCLAIMS ALL POSSIBLE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITES OR CONTENT ARE ACCURATE, CONTINUOUSLY AVAILABLE, COMPLETE, RELIABLE, SECURE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DATABRICKS CANNOT AND DOES NOT GUARANTEE THAT ANY DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED, REGARDLESS OF WHETHER DATABRICKS IS AWARE OF SUCH DEFECTS, ERRORS OR OMISSIONS.
TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH IN THIS SECTION 6, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS, AND WAIVERS OF LIABILITY SET FORTH IN THIS SECTION 6 SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THESE TERMS OR YOUR USE OF THE SITES.
7. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITES AND CONTENT REMAINS WITH YOU. IN NO EVENT WILL DATABRICKS OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SITES, AND ANY CONTENT, SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR OTHERWISE) AND EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SITES, INCLUDING ANY CONTENT, OR FROM THE USE OF OR EXPOSURE TO ANY SUBMISSIONS, EXCEED ONE HUNDRED DOLLARS ($100.00). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
THE FOREGOING LIMITATIONS AND EXCLUSIONS SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING UNDER FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW. ADDITIONALLY, TO THE EXTENT APPLICABLE STATE OR OTHER LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH IN THIS SECTION 7, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE DATABRICKS’ LIABILITY TO YOU WILL BE LIMITED BY THIS SECTION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 7 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SITES.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Databricks, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, from and against any and all actual or threatened third party claims (groundless or otherwise), demands, losses, damages, costs and liability, proceedings (at law or in equity) and expenses (including reasonable attorneys’ and expert fees and costs of investigation) arising out of or in connection with (a) your use of the Sites, including without limitation any of your Submissions, (b) your breach of these Terms, including your breach of any covenant, representation, warranty, term, or condition set forth herein, including, without limitation, the obligations set forth in Section 3 (Information Submitted Through Our Sites) and Section 4 (Required Conduct While Using Our Sites), (c) your violation of any law or regulation or of any third party rights, including infringement, libel, misappropriation, or other violation of any third party’s intellectual property or other legal rights or (d) the disclosure, solicitation or use of any personal information by you, whether with or without your knowledge or consent. Databricks reserves the right, however, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Databricks’ defense of such claim, and in no event may you agree to any settlement affecting Databricks without Databricks’ prior written consent.
9. SUSPENSION OR TERMINATION OF ACCESS TO OUR SITES
Notwithstanding any provision to the contrary in these Terms, you agree that Databricks may, in its sole discretion and with or without prior notice, for any or no reason, suspend or terminate your access to any or all of the Sites and/or block your future access to any or all of the Sites, including without limitation for any of the following reasons: (a) if we determine that you have violated any provision, or the spirit, of these Terms, (b) in response to a request by a law enforcement or other government agency, (c) due to discontinuance or material modification of any of the Sites, or (d) due to unexpected technical issues or problems. Databricks shall not be liable to you or any third party for any termination of your access to any part of the Sites. The rights and obligations of these Terms which by their nature should survive, shall so survive any termination of your use of the Sites.
Questions or comments about the Terms or about the Sites may be directed to Databricks at the email address firstname.lastname@example.org. You may also email us at that address if you would like to report what you believe to be a violation of these Terms. However, please note that we do not accept any responsibility to maintain the confidentiality of any report of a violation you may submit to us, including your identity, nor do we commit to providing a personal reply to any report you submit, nor are we obligated to take action in response to your report.
11. CLAIMS OF COPYRIGHT INFRINGEMENT
Databricks respects the intellectual property rights of others and we request that the people who use the Sites do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send Databricks a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send a counter-notice to Databricks under applicable provisions of the DMCA. Please note that substantial penalties under U.S. copyright law may be levied against any filer of a false counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See 17 U.S.C. § 512(c)(3), available at http://www.copyright.gov/title17/92chap5.html for details. Notices and counter-notices should be sent to:
Attn: Legal Department/DMCA Copyright Agent
160 Spear Street, Suite 1300
San Francisco, CA 94105
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. We encourage you to consult your legal advisor before filing a notice or counter-notice.
In accordance with the DMCA and other applicable law, Databricks may at our discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
None of your rights or duties under these Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate any of our rights or duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. No provision of these Terms is intended for the benefit of any third party, and the parties do not intend that any provision should be enforceable by a third party. Our relationship is an independent contractor relationship, and neither these Terms nor any actions by either party may be interpreted as creating an agency or partnership relationship. Nothing in these Terms shall be construed to obligate Databricks to enter into or engage with you on any commercial transaction.
If you are provided access to any Software, you acknowledge that such Software may be subject to regulation by local laws and United States government agencies which prohibit export or diversion of certain products or information about products to certain countries and certain persons. You represent and warrant that you will not export or re-export such Software in violation of these regulations.
You acknowledge that your breach of any of the provisions of these Terms may cause immediate and irreparable harm to Databricks for which we may not have an adequate remedy in money damages. We will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and will be entitled to recover from you the costs incurred in seeking such an injunction. The availability or exercise of our right to obtain injunctive relief will not limit our right to seek or obtain any other remedy.
You agree that we will not be liable for delays, failures, or inadequate performance of the Sites resulting from conditions outside of our reasonable control, including but not limited to natural disasters or other acts of God, failure of telecommunications networks or any other network or utility, threatened or actual acts of terrorism or war, riots, labor strikes, or governmental acts or orders.
Last Updated May 25, 2018
Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services.
Account Information. If you create an Account through our Services, we’ll collect certain information that can be used to identify you (“PII”), such as your name and email address. If you create an Account on behalf of an organization, in addition to your PII, we’ll collect your organization’s corporate name, email address, postal address and phone number.
Event Registration. We also promote conferences, events and training sessions (together, “Events”) through parts of our Services. When you register for Events, we’ll collect your PII, such as your name, email address, postal address, and phone number, and we may also collect certain information that is not PII, because it cannot be used by itself to identify you, such job title and employer.
Information Collected Using Cookies and other Web Technologies. Like many website owners and operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information.
“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services and to monitor how many visitors view our Services. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
Information Related to Use of the Services. Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on, commands executed when using our Services, features of the Services accessed, information about the types and size of files analyzed via the Services, and other statistics. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to generate aggregate, non-identifying information about how our Services are used.
We will not share any PII that we have collected from or regarding you except as described below:
Information Shared with Our Services Providers. We may engage third-party services providers to work with us to administer and provide the Services. These third-party services providers have access to your PII only for the purpose of performing services on our behalf.
Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes.
Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including PII, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII, may be disclosed or transferred to a third party acquirer in connection with the transaction.
Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
We offer you choices regarding the collection, use and sharing of your PII and we’ll respect the choices you make. Please note that if you decide not to provide us with the PII that we request, you may not be able to access all of the features of the Services.
Modifying Your Information. You can access and modify the PII associated with your Account by sending an email to email@example.com or through the settings feature on your Account profile (if and when available). If you want us to delete your PII and your Account, please contact us at firstname.lastname@example.org your request. We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.
Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.
We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there.
Our Services are not directed to children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible.