Welcome to DataSpike.io
Read these terms and conditions (“terms”) carefully before using the services described herein by utilizing the website located at http://dataspike.Io/ (“website”), you acknowledge that you have read these terms and conditions and that you agree to be bound by them. If you do not agree to all of the terms and conditions of this agreement, you are not an authorized user of these services and you should not use this website. Dataspike.Io is a brand of Right & Data LTD which reserves the right to change, modify, add or remove portions of these terms at any time for any reason. We suggest that you review these terms periodically for changes. Such changes shall be effective immediately upon posting. You acknowledge that by accessing our website after we have posted changes to these terms, you are agreeing to these terms as modifiedfied.
Right & Data LTD is located at:
Agias Fylaxeos, 131
3083, Limassol, Cyprus
The following terms shall have for the purposes of these General terms and conditions the following meanings and applies to these Terms and Conditions, Privacy Statement and any or all Agreements:
“Client”, “User”, “You” and “Your”- refers to you, the person accessing this website and accepting the Company's terms and conditions.
“The Company”, “Ourselves”, “We”, “Our” - refers to our Company.
“Party”, “Parties”, or “Us”- refers to both the Client and ourselves, or either the Client or ourselves.
“Terms” - these Terms and Conditions.
“Website”- Dataspike website: http://dataspike.io/, all subdomains and all their respective pages.
“Agreement” - these Terms and all other operating rules and procedures that may be published from time to time on the Website.
“Loss”- damages, claims, applications, loss, injuries, delays, accidents, costs, business interruption, expenses, any incidental, direct, indirect, general, special, punitive, exemplary, special or consequential damages, any loss of goodwill, profits or revenue or any other economic loss, any work stoppage, data loss, computer failure or malfunction, or any other commercial or other loss.
“KYC” - know your customer (KYC) is the process of a business identifying and verifying the identity of its clients.
“SERVICES” – services available on the Website including but not limited to the ability to by company.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of Cyprus. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2. GENERAL INFORMATION
2.1 These Terms are a legally binding Agreement between you, the User or Participant, on the one part, and the Right & Data LTD , on the other part, also individually referred to as a “Party” and collectively as the “Parties”.
2.2 These Terms define basic mutual rights and obligations of the Website Owner and the Users or Participants, either registered or just visiting certain pages of the Website, during their use of the Website, including but without limitation, for the purpose of getting international Politically Exposed Person data.
2.3 Right & Data LTD reserves the right, at its sole and absolute discretion and without giving prior notice, to:
2.3.1 vary, modify, add or remove features, or amend any content on the Website. You shall be deemed to have accepted and agreed to any such change if you access or use the Website after the change is published on the Website; and
2.3.2 block or restrict access to, or terminate, withdraw or suspend use of the Website or any part of the Website. Right & Data LTD will be no liable for any Loss which may be incurred as a result of such action.
2.4 DataSpike.io is a brand of Right & Data LTD. All our Services are based on the data which are partly publicly available and partly proprietary.
2.4.1 Right & Data LTD offer via dataspike.io a search functionality for sanctioned individuals and entities, PEPs (Politically Exposed Persons) and criminals. The search is not limited with regards to the number of usages via web interface.
2.4.2 API service Right & Data LTD offer an API which is a service that provides you with machine-to-machine access to the Dataspike methods for checking for sanctioned individuals and entities, PEPs (Politically Exposed Persons) and criminals.
2.4.3 Data subscription Right & Data LTD offer a data subscription which is a service that provides you with a full export of our database to check for sanctioned individuals and entities, PEPs (Politically Exposed Persons) and criminals on premise. The list is constantly updated and available for download through the API.
2.5 Right & Data LTD reserves the right to conduct “KYC” exercise and any other kind of customer due diligence on you at any time.
2.6 In case of any disputable situation, English version of the Website and present Agreement has higher priority, than versions in other languages.
2.7 Any Dispute is personal to Participant and Company and should be resolved through negotiations.
2.8 Right & Data LTD does its best to make the PEP list as complete as possible by constantly updating it. However, the Company cannot guarantee the completeness of the information provided. Right & Data LTD does not take any responsibility for the accuracy and completeness of the information provided.
3. PARTICIPANT’S REGISTRATION AND ACCOUNT
3.1 For the provision of services, Right & Data LTD will register you, upon your request, on the Website and create an individual Account. You warrant that all information you have provided for your Account is current, complete and accurate.
3.2 You hereby expressly consent that you are solely responsible for the use of your login and password and for everything done using your registration details. You agree to keep your login information and password private. You are solely responsible for any loss or damage you or we may suffer as a result of your failure to do so.
3.3 We may terminate your use of and registration with the Website at any time if you violate these Terms, at our sole discretion and without prior notice and without any liability or further obligation of any kind whatsoever to you or any other party, when we find such measures reasonable and/or necessary in a particular situation.
4. DISCLOSURE INFORMATION
Right & Data LTD reserves its rights to use and/or disclose your information where such use and/or disclosure is required under law, for cooperation with regulatory, law enforcement and other governmental bodies or authorities.
5. HYPERLINKS TO THIRD PARTY SITES
5.1 The Website may contain hyperlinks to websites which are not maintained or controlled by Right & Data LTD. All hyperlinks to such websites are provided as a convenience to you. Use of the hyperlinks and access to such websites is entirely at your own risk. All Right & Data LTD Parties disclaim any responsibility and liability for any third party content contained in websites linked to on the Website and shall not be liable for any Loss arising from you accessing or using such websites.
5.2 The inclusion of any hyperlink does not imply endorsement by Right & Data LTD of such websites. Under no circumstances shall Right & Data LTD be considered to be associated or affiliated in any manner with any trade or service marks, logos, insignia or other devices used or appearing on websites to which the Website is linked.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Right & Data LTD has valid, unrestricted and exclusive ownership of rights to use the patents, trademarks, trademark registrations, trade names, copyrights, know-how, technology and other intellectual property necessary to the conduct the Dataspike activities generally.
6.2 In no way shall this Agreement entitle the User or Participant for any intellectual property of the Right & Data LTD, including the intellectual property rights for the Website and all text, graphics, user interface, visual interface, photographs, trademarks, logos, artwork, and computer code, design, structure, selection, coordination, expression and other content connected to the Website. Arrangement of such content is owned by the Right & Data LTD and is protected by the Intellectual Property Rights and fair competition laws.
6.3 Unless otherwise stated, Right & Data LTD and/or it's licensors own the intellectual property rights for all material on Right & Data LTD. All intellectual property rights are reserved. You may view and/or print pages from http://dataspike.io/ for your own personal use subject to restrictions set in these terms and conditions.
6.4 You must not:
- Republish material from http://dataspike.io/
- Sell, rent or sub-license material from http://dataspike.io/
- Reproduce, duplicate or copy material from http://dataspike.io/
7. SUGGESTION, COMMENTS AND FEEDBACK
Should you respond to any part of the Contents in this website with any communications such as questions, comments, suggestions etc., such information shall be deemed to have been provided to Right & Data LTD on a non-confidential basis, and Right & Data LTD shall be free to reproduce, use, disclose and distribute the information to others without limitation, and shall be free to use in any way for any purpose whatsoever the content of such communications including any ideas, know-how, techniques or concepts disclosed therein.
8. GOVERING LAW
These Terms are governed by and shall be construed in accordance with the laws of the Republic of Cyprus and you hereby consent to submit to the exclusive jurisdiction of the Cyprus Courts.
9. DISCLAIMER OF WARRANTIES
The site, including, without limitation, all content, functions and materials thereon, is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Right & Data LTD does not warrant that the site or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. Right & Data LTD makes no warranty that the site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from Right & Data LTD or through the site shall create any warranty not expressly made herein. If you are dissatisfied with the site or any content or function thereon, your sole remedy is to discontinue using the site. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
10. LIMITATION OF LIABILITY
In no event shall Right & Data LTD or any of its directors, officers, employees, agents, affiliates, or content or service providers, or contactors be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and functions related thereto, including, without limitation, loss of revenue, or anticipated profits or lost business or lost sales, even if Right & Data LTD or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall Right & Data LTD be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site. In no event shall the total liability of Right & Data LTD to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from your use of the site exceed, in the aggregate, any fee you may pay to Right & Data LTD for your access to or use of the site.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the e- mail, indicated in clause 15, named below: Your address, telephone number, and e- mail address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner. Upon receipt of said notice, Right & Data LTD shall contact you in a timely manner and upon clarification of the issues involved, take all necessary steps we might deem appropriate to correct the situation and prevent any further infringements.
12. PROHIBITED USES
You are prohibited from using our Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Services, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Services, other websites, or the Internet. We reserve the right to terminate your use of our Services for violating any of the prohibited uses.
13. FORCE MAJEURE
Right & Data LTD will be not liable for any delays in processing, other nonperformance or any other unability to adhere to the obligations of these Terms of Service caused by telecommunications failure, utility failures, equipment failures; labor strike, riots, terrorist attacks or war; nonperformance of our vendors or suppliers, fires, earthquakes, floods or droughts; or any other event over which the respective party has no reasonable control.
If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the Parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
The User may send any questions regarding the use of the Website or regarding these Terms via e-mail to [email protected]