Anaconda, Inc. or its affiliated companies and subsidiaries (collectively, “Anaconda”) operate this website (“Website”). This Website may provide you with access to a variety of web pages, documents, software, services, images, graphics, audio, video, forums, discussion groups, blogs, and other content (“Content”). By accessing or logging into the Website, you agree to these website terms of use (the “Terms”). Anaconda may revise these terms at any time. Your continued use of the Website after any such revisions have been published constitutes your agreement to the revised terms. If you do not agree to these terms, do not use the Website. Personal data collected when you access and use the Website will be processed by Anaconda in accordance with the Anaconda Privacy Notice. For more information on the types of personal data collected on the Website, how Anaconda handles your personal data and other related topics, please see the Anaconda Privacy Notice, which is incorporated here by reference. For the avoidance of doubt, these Terms do not control or govern your use of Anaconda products or services, Please visit the anaconda.com/legal page to see the applicable agreement(s) related to your use of Anaconda products and services.
1. Anaconda and Third Party Content
When using the Website, you may be able to access or download certain Content provided by Anaconda (“Anaconda Content”), or Content provided by third parties (“Third Party Content”). Content is governed by the license that accompanies it. By using or downloading any Content, you agree to the applicable license. It is your responsibility to ensure you have proper permission for your use of any Content. If you are unclear as to what license applies to any Content, it is recommended that you ask the author. The Website, including the design, layout, look and feel, and Anaconda Content, is copyrighted by Anaconda and its licensors. To the extent the Website, portions of the Website, or Anaconda Content does not designate a license, Anaconda hereby grants you a copyright license that is limited, personal, non-transferable, non-sublicensable and revocable to copy such material for your own personal or internal business purposes, subject to trademark and other restrictions that may apply.
2. Your Content
Where applicable, you may be able upload or otherwise provide certain Content, such as software (source code, binary code, configuration files, etc.), documents, images, videos, or other material to the Website via your Account (“Your Content”). Except if specifically stated otherwise, Your Content is not confidential and may be made publicly available. You are responsible for keeping your own backups of Your Content. You represent that you have the right to provide Your Content to Anaconda and its users. It’s your responsibility to make clear the license under which you are providing Your Content. You retain ownership of Your Content. By posting Your Content to the Website, you hereby grant to Anaconda a non-exclusive, irrevocable, worldwide, royalty-free license to use, reproduce, distribute, sublicense, adapt, modify, and publish Your Content, provided this license to Anaconda does not supersede the terms of any open source license you may explicitly apply to Your Content. If you close your Account, Your Content may remain accessible on the Website.
3. Account
Where applicable, you may register for an account on the Website (an “Account”). You must provide current, complete, and accurate information as required by the applicable account registration form. Each Account is personal in nature and may only be used by you unless agreed to in writing otherwise by you and Anaconda. Any activity completed through your Account will be deemed to have been completed by you. Where applicable, you may choose to create an Account by authenticating via an existing account you have with a third party, in which case the third party terms may apply to such action. You are responsible for the security of your Account and you agree not to share your password or access to the Website with another person. Anaconda is not liable for any loss or damage arising from your failure to keep your Account secure. You will notify Anaconda immediately if your Account information is lost, stolen, or otherwise compromised. Anaconda may suspend or deactivate your Account if Anaconda determines that this step is needed (such as if your Account has been compromised or you have violated these terms).
4. Your Use of the Website
This Website is provided only to entities and to persons over the age of 13. You will not use the Website in a way that violates any laws or these terms, infringes anyone’s rights (including but not limited to intellectual property rights), is offensive, or interferes with the Website or its features. You agree to abide by the Anaconda Acceptable Use Policy at all times during your use of the Website. You may not post promotional materials relating to website or online services which compete with Anaconda or the Website, or post advertising or commercial solicitations unless explicitly agreed with Anaconda. If Anaconda determines that you have acted illegally, in violation of these terms, or inappropriately, Anaconda may terminate your Account, remove Your Content, prohibit you from using the Website, take appropriate legal actions, or take other action as Anaconda deems appropriate. The Website or portions of the Website may also be subject to other guidelines. Non-compliance with such guidelines may result in the Website or the relevant functionality of the Website no longer being available to you or other consequences as described in such guidelines. Anaconda is the sole determiner of whether your use of the Website is in compliance and may terminate your access to all or any part of the Website at any time. Anaconda has the right, but not the obligation, to monitor the use of the Website, any Content, and any activity on the Website.
5. Feedback
You may provide ideas, suggestions, proposals, or other feedback to Anaconda via the Website (“Feedback”) . Anaconda may use such Feedback for any purpose, including incorporating the Feedback into or using the Feedback to develop and improve Anaconda products and other Anaconda offerings without attribution or compensation to you. You grant Anaconda a perpetual and irrevocable license to use all Feedback for any purpose. You agree to provide Feedback to Anaconda only in compliance with applicable laws. You represent that you have the authority to provide the Feedback and that Feedback will not include confidential information.
6. Links and References
The Website may provide links to third party websites, products or services, which you may access or use at your own risk subject to any applicable third party terms. Anaconda is not responsible for and has not endorsed such third party websites, products, or services. The Website may refer to Anaconda products or services that might not be available in your location. Please contact your local Anaconda representative for more information.
7. Disclaimer of Warranties
EXCEPT AS EXPRESSLY AGREED OTHERWISE IN A SIGNED AGREEMENT BETWEEN YOU AND ANACONDA: THE WEBSITE, ANY CONTENT ON THE WEBSITE, AND ANY SOFTWARE OR SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED “AS IS” AND ANACONDA PROVIDES NO WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ANACONDA MAKES NO WARRANTIES THAT THE WEBSITE WILL BE SECURE OR THAT ACCESS AND USE OF THE WEBSITE WILL BE ERROR-FREE WITHOUT INTERRUPTIONS, CRASHES, OR DOWNTIME. Anaconda may change or discontinue part or all of the Website or any Content at any time.
8. Limitation of Liability & Indemnity
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A SIGNED AGREEMENT BETWEEN YOU AND ANACONDA: IN NO EVENT WILL ANACONDA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER SUCH DAMAGES ARE ALLEGED AS A RESULT OF TORTIOUS CONDUCT OR BREACH OF CONTRACT OR OTHERWISE, EVEN IF ANACONDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER OR IN CONNECTION WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE WEBSITE, YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE WEBSITE, ANY CONTENT PROVIDED ON THE WEBSITE, OR ANY SERVICES PROVIDED ON THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM LIABILITY OF ANACONDA IN AGGREGATE FOR ALL CLAIMS MADE AGAINST ANACONDA IN CONTRACT, TORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED $100. THIS STATEMENT DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will defend and indemnify Anaconda from and against any and all damages, costs, losses and expenses (including reasonable attorney fees) incurred as a result of any claim, suit or proceeding brought against Anaconda in relation to Your Content or as a result of any use or misuse of the Website by you.
9. Trademarks
The trademarks, logos, trade dress and service marks displayed on the Website are the property of Anaconda or other third parties. This includes, but is not limited to, Anaconda’s trademark in “Anaconda” and “Conda.” Your use of any Anaconda trademark must be in accordance with the applicable Anaconda Trademark Guidelines and Policies or other applicable trademark guidelines.
10. Compliance with Law
By accessing any software or technology available via this Website, you represent and warrant that (i) your use of the Website will be in strict accordance with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside); (ii) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed exports of goods, services, or technology; and (iii) your use of the Website will not infringe or misappropriate the intellectual property rights of Anaconda or any third party. You acknowledge that you understand the software and technology may be subject to the U.S. Export Administration Regulations (the “EAR”) and other U.S. and foreign laws and may not be exported, re-exported or transferred to any prohibited destination, prohibited individual, or otherwise in violation of those laws.
11. Waiver, Severability, and Precedence
The failure of Anaconda to exercise or enforce any right or provision of these terms does not constitute a waiver of such right or provision. If any provision of these terms is held to be unenforceable, that provision will be modified so as to be enforceable, or if such modification is not possible, will be removed and the remaining provisions will remain in full force. Some services or Anaconda Content offered via the Website may be subject to additional or separate terms. If there is a conflict between these terms and such additional or separate terms, the latter will have precedence with respect to your access and use of that service or Anaconda Content. Nothing in these terms is intended to limit your rights under an open source license.
12. Jurisdiction
These terms, and any claim, controversy, or dispute arising out of or related to these terms, are governed by and construed in accordance with the laws of the State of Texas without giving effect to any conflicts of laws provision. If one or more of the provisions contained in these terms are held invalid, illegal, or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
13. Copyright Notice and Takedown Process
Anaconda and its affiliates respect the intellectual property of others. If you believe that content on the Website infringes your copyright, please follow the instructions listed in our DMCA Policy.