Kasabi Beta Period
From June 2011 Kasabi will be available as an early beta application for users to explore the features and functionality of the system. During this time the entire service will be available for free, for both personal and commercial use.
However, once the beta period ends, we intend to introduce charges for some aspects of the system. We have no plans to charge for data storage, and are committed to providing some additional aspects of the system for free on a long term basis, e.g. Linked Data hosting and some simple data access APIs.
Our business model will be based on transactional charging for premium services over data, e.g. SPARQL endpoints, or for high volume usage. We also plan to support a range of business models, including options for data providers to ensure that data access will be "free at the point of use". We will update these terms and the community as we develop these plans and pricing models further.
Terms of Use
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Acceptance of Terms and Description of Use
Your use of Kasabi is subject to the current Kasabi Terms of Use ("TOU") at the time of your "use". Kasabi may update the TOU at any time without notice to you and please view the most current version of the TOU at "Terms of Use" hypertext link at the bottom of the Kasabi Web pages. "Kasabi" means the services and the means by which the services are made available through Kasabi.com and its sub-domains trading in Talis Systems Limited.
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Licence From Data Publishers
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Kasabi is a marketplace for data with Kasabi being the intermediary between data publishers and data consumers. Using tooling provided within Kasabi a data publisher submits his dataset and chooses the terms upon which he offers use and licensing of that "Dataset".
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There is a direct agreement between the data publisher and the data consumer with Kasabi facilitating this process by the 'click-through' process. We are committed to encouraging data publishers to licence on the most open licence terms so as to minimise barriers of use of the Kasabi marketplace.
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By submitting a Dataset to Kasabi a data publisher grants Kasabi a perpetual, world-wide, royalty-free non-exclusive licence as envisaged by and for the efficacious working of Kasabi and the Kasabi marketplace.
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Licence from Data Consumers
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By your use of Kasabi you offer all content provided by you (other than Datasets) to be licensed on and accept that all content (other than Datasets) that you use is licensed to you on a Creative Commons Attribution licence.
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Licence from Kasabi
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All content (other than Datasets) provided by Kasabi is licensed by a Creative Commons Attribution licence. For all licence structures, please make sure that you understand the terms of the relevant licence and other than a licence from/with Kasabi you accept that Kasabi has no liability in your licensor/licensee relationship.
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Content and Take Down
Whether you are a data publisher and/or a data consumer it is a condition of your use of Kasabi and you represent and warrant that you:
- have legal rights to post, contribute or link to such content and the inclusion and use of the content will not violate any law or the rights of any person;
- are entirely responsible for all content you upload, post, e-mail, transmit or otherwise make available in any way by or through Kasabi;
- have the agreement of any person that is protected by privacy laws for such use in Kasabi; and
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Further, it is a condition of your use that Kasabi must not be used;
- to send or store infringing, obscene, threatening, libellous and/or material containing viruses, worms, Trojan horses or other harmful code, files, scripts, agents or programs;
- in violation of any law;
- to interfere with any other party's use and enjoyment of Kasabi;
- in any way that imposes an unreasonable or disproportionately large load on infrastructure and/or deliberately degrades or disables Kasabi or any other computer system or to prevent or impede the delivery of any legitimate data; and/or
- to circumvent any usage or rate limits that may be placed on your use of Kasabi.
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Kasabi has no monitoring obligation but may review Datasets and user content and remove any materials in its sole discretion. Kasabi may disclose any information as Kasabi deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kasabi's sole discretion.
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Proprietary Rights - if you created it you own it.
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You acknowledge and agree that Kasabi (or Kasabi's licensors) own all legal right, title and interest in and to Kasabi, including any intellectual property rights which subsist in Kasabi (whether those rights happen to be registered or not, and wherever in the world those rights may exist.
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Except as expressly licensed in the TOU, you acknowledge and agree that Kasabi (or Kasabi's licensors) own all legal right, title and interest in content created by Kasabi, including any intellectual property rights which subsist in any content created by Kasabi (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
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Except as expressly licensed in the TOU, Kasabi acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under the TOU in either a Dataset or in content created other than by Kasabi (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 Kasabi, you agree that you are responsible for protecting and enforcing those rights and that Kasabi has no obligation to do so on your behalf.
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All parties grant to the other a limited, non-exclusive, royalty-free, non-transferable license, with no right to sublicence the trademarks and logos of each other as envisaged by and for the efficacious working of Kasabi and the Kasabi marketplace.
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Privacy and Acceptable Use Policy
Personally-identifiable information about you that Kasabi may collect during your use is subject to the Kasabi Privacy Policy at http://beta.kasabi.com/privacy.
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Registration
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To access some features, resources or other portions of Kasabi, you may be asked to provide certain registration details or other information. You confirm in your registration that you are over the age of 13. If Kasabi believes the information you provide is not correct, current, or complete, Kasabi has the right to refuse you access, and to terminate or suspend your access at any time. You are solely responsible for the activity that occurs on your account, and you must keep all security information secure. Although Kasabi will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kasabi or others due to such unauthorized use.
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Copyright Policy
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You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). Kasabi reserves the right to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of infringers.
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Third-Party Links
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Kasabi may contain links to other sites, applications or content, which links may appear to embed the sites, applications or content hosted or provided by third parties. Your use of such other sites, applications or content is subject to the terms of use, if any, governing the use of such sites, applications or content. Kasabi is not able to control these third party sites, applications or content, and assumes no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between the TOU and any terms or notices set forth with respect to any sites, applications or content provided by any third parties, then the terms of such third party sites, applications or content will control your use of such sites, applications or content. Please review carefully any terms or notices for each third party provider of sites, applications or content so that you understand all of the terms that will apply. By using Kasabi, you expressly relieve Kasabi from any and all liability arising from your use of any third-party sites, applications or content.
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Indemnity and Limitations
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The user will indemnify and hold Kasabi its directors, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of the user's access to Kasabi, the violation of the TOU by the user, or the infringement by the user, or any third party using the user's account, of any intellectual property or other right of any person or entity.
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In no event will Kasabi, its directors, officers, shareholders, employees or members be liable for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, content or other intangibles; (c) damages for unauthorized use, non-performance of Kasabi, errors or omissions; or (d) damages related to downloading or posting content. Kasabi's total collective and aggregate liability is limited to any fees paid by you in the month previous to the date the claim arose or $50 whichever is the lower. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply in total to you.
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Kasabi is provided on an "as is" and "as-available" basis, with all faults and without any warranty or condition, express, implied or statutory. To the maximum extent permitted by applicable law, Kasabi and its suppliers disclaim all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
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Kasabi gives no warranty that (a) using Kasabi will meet your requirements, (b) Kasabi will be uninterrupted, secure, timely, or error-free, (c) the results that may be obtained from the use of Kasabi will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through Kasabi will meet your expectations, or (e) any errors in Kasabi will be corrected. Kasabi makes no warranty that the service will be uninterrupted, timely, secure or error-free.
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Your use of Kasabi is at your sole risk. Any material downloaded or otherwise obtained through the use of Kasabi is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
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Modification and Termination of Kasabi
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Kasabi is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of Kasabi may change from time to time without prior notice to you. Changes to the form and nature of Kasabi will be effective with respect to all versions of Kasabi; examples of changes to the form and nature of Kasabi include introduction and/or changes to fee and payment policies, security patches, added functionality, and other enhancements.
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You agree that Kasabi may for any or no reason, terminate your account or any part thereof. You agree that any termination of your access to Kasabi may be without prior notice, and you agree that Kasabi will not be liable to you or any third party for such termination. You are solely responsible for exporting your content from Kasabi prior to termination of your account for any reason.
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The TOU (including the Privacy Policy), as modified from time to time, constitutes the entire agreement. The failure of either party to exercise in any respect any right will not be deemed a waiver of any further rights. Kasabi will not be liable for any failure to perform its obligations where this failure results from any cause beyond Kasabi's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of the TOU is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the TOU shall otherwise remain in full force and effect and enforceable. Kasabi may assign its agreements in whole or in part at any time without consent. All and any claims, legal proceedings or litigation will be governed by the laws of England and the courts of England have exclusive jurisdiction and you waive any objection as to inconvenient forum.
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