Terms of Use

Acceptance of Terms.

The services available at the Greenplum.com and all linked pages (“Site”) owned or operated by Greenplum, Inc. (“Greenplum”), a California corporation, may be accessed by you only subject to the terms of use described below (“Terms of Use”).

The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity.  If you do not so qualify, do not attempt to register for or use the Service.  Greenplum may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE (AS DEFINED BELOW).  BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT (AS DEFINED BELOW) OR FEATURES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE.  GREENPLUM’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY GREENPLUM, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Modification of Terms of Use.

Greenplum reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time.  It is your responsibility to check the Terms of Use periodically for changes.  Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Description of Service.

Subject to compliance with the Terms of Use, Greenplum may offer to provide certain services and content, as described more fully on the Site (“Service”).  The Service shall include, but not be limited to, any services or content available in or through the Service (including, but not limited to HTML, text, audio, images, video, software, and downloads also collectively known as the “Content”).  Greenplum may change, suspend or discontinue the Service including any Content for any reason, at any time, including the availability of any feature or part of the Content.  Greenplum may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Your Registration Obligations.

Certain subscription based features offered on the Site require user registration.  In registering, you are required to register with Greenplum and provide a unique email address that will be used to identify you. A system generated password will be emailed to you which can be changed by once logged onto the Service. You shall provide Greenplum with accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Greenplum account. You may not (i) select or use an email address of another person with the intent to impersonate that person; (ii) use an email address subject to any rights of a person other than you without appropriate authorization; or (iii) use an email address that is otherwise offensive, vulgar or obscene. Greenplum reserves the right to refuse registration of, or cancel an email address in its sole discretion.  You shall be responsible for maintaining the confidentiality of your Greenplum password.
To register for subscription based features you must be at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you are not 18 years old but you are at least 13 years old, you may still receive the Service, but only if your account was created and registered by your parent or guardian. Further, you may only become a registered user if you live in a country or other political division that permits membership. If you do not so qualify, do not attempt to register for the subscription based features.  This Agreement will be void and without effect, and you will not be entitled to any use of the Service, if you do not satisfy these age and jurisdiction requirements.

Copyright Complaints.

Greenplum respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow Greenplum’s Notice and Procedure for Making Claims of Copyright Infringement, available at http://bgn.greenplum.com/index.php?page=18.

Privacy.

Greenplum's current privacy policy is available at http://bgn.greenplum.com/index.php?page=19 (the “Privacy Policy”), which is incorporated by this reference.

Rules and Conduct.

The Service is provided only for your use for personal, noncommercial, and informational purposes.  Any unauthorized use of the Service, including without limitation, any commercial use (such as, for example, resale to third parties), is expressly prohibited.

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Greenplum.  You agree to abide by all applicable local, state, national and international laws and regulations.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any Content using any communications service or other service available on or through the Service, that:

•    is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, profane or which otherwise violates the Terms of Use;
•    infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
•    constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
•    imposes an unreasonable or disproportionately large load on Greenplum's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
•    contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Greenplum or any third party; or
•    harvests or collects any information from the Site; or
•    impersonates any person or entity, including any employee or representative of Greenplum.

You will not use any robot, spider, scraper or other automated means to access the Service for any purpose without Greenplum’s express written permission.  Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Greenplum’s sole discretion an unreasonable or disproportionately large load on Greenplum’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures Greenplum may use to prevent or restrict access to the Service.

You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or Content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.  In addition, you shall not remove any proprietary notices or labels.

You may not harvest or collect information, including screen names, about other members or users of the Services. The use of any information learned through the Services or while in the Site is limited to the express purposes set forth in these Terms of Use; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.
Greenplum may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.
To report Terms of Use abuse, please email: legal@greenplum.com

Links.

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site.  These other websites are not under Greenplum's control, and you acknowledge that Greenplum is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.  The inclusion of any such link does not imply endorsement by Greenplum or any association with its operators.  You further acknowledge and agree that Greenplum shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

License to Greenplum.

By uploading, submitting or otherwise disclosing or distributing content of any kind from the Site or otherwise through the Service, you:

•    grant to Greenplum, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
•    represent and warrant to Greenplum that you own or otherwise control all rights to such content and that disclosure and use of such content by Greenplum (including without limitation, publishing content at the Site) will not infringe or violate the rights of any third party; and
•    acknowledge that the content may not be treated confidentially.

You agree not to provide Greenplum with any confidential or proprietary information that you desire or are required to keep secret.

Termination.

Greenplum may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate your account, you may simply discontinue using the Service.  All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimers.

Third Party Content.  Much of the Content displayed in connection with the Service is developed by people over whom Greenplum exercises no control.  Accordingly, the Service may include (or direct you to sites or virtual worlds containing) Content that some people find objectionable, inappropriate, or offensive.  Greenplum cannot guarantee that your use of the Service will not expose you to unintended or objectionable Content and Greenplum assumes no responsibility for what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content.  You hereby release Greenplum from all liability for you having acquired or not acquired Content through the Service.  Greenplum makes no representations concerning any content contained in or accessed through the Service, and Greenplum will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

General Disclaimer.  THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

IN NO EVENT SHALL GREENPLUM (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF GREENPLUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.  SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification.

You agree to defend, indemnify, and hold harmless Greenplum, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from: (i) your use or misuse of the Service; (ii) your access to the Site, use of the Services, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.  Greenplum reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Greenplum in asserting any available defenses.

International Use.

Greenplum makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Service is prohibited from territories where such Content is illegal.  If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You and Greenplum agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Services shall be filed only in the state or federal courts located in Delaware, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.  Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Integration and Severability.

These Terms of Use are the entire agreement between you and Greenplum with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Greenplum with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement).  If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous.

These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Greenplum's prior written consent.  Greenplum may assign, transfer or delegate any of its rights and obligations hereunder without consent.  All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.  In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.  All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Contact.

You may contact Greenplum at the following address:
Greenplum Corporate Headquarters
1900 South Norfolk Drive,
Suite 224,
San Mateo,
CA 94403

Tel: 650-286-8012
Fax: 650-286-8010