EQUINIX MARKETPLACE TERMS OF USE

EQUINIX MARKETPLACE TERMS OF USE


The Equinix Marketplace ("Portal") allows you to interact with other Portal participants to exchange information about participants’ products and services and to facilitate business, either done directly through the Portal or otherwise as you choose.

1. Portal Access and Use. You may access the Portal only with an appropriate combination of a user name and password that complies with Equinix's policies (cumulatively, a "Password Combination"). Each Password Combination is specific to an individual and you agree that a Password Combination may not be transferred or shared by more than one person.  Upon request and at Equinix’s discretion, you may be issued a “guest” Password Combination to enable limited site functionality for a limited time. You will be responsible for all actions taken by you or others, including any products or services ordered, under your Password Combination(s) even if the Password Combination is misused or used by an unauthorized party (collectively “Misuse”).  You must notify Equinix of a Misuse within thirty (30) days of the date of the original unauthorized action, and Equinix will use all commercially reasonable actions to cure the Misuse. 

1.1 You agree to comply with all applicable laws, statutes, rules and regulations relating to your use of the Portal, including all applicable privacy and data protection laws and regulations. The Portal and all materials, intangibles, code, look and feel, etc. related thereto are proprietary to, and the intellectual property of, Equinix Parties (as defined below). Pursuant to these Terms of Use, Equinix grants to you a limited license to display the Portal solely for your own internal business use in interacting with Equinix and other participants on the Portal only and for no other purpose. This limited license is non-exclusive, non-transferable, and revocable at any time by Equinix without notice.

1.2 Nothing in these Terms of Use shall change the obligations of Equinix or you or your (affiliated) company with respect to products and services provided  under the terms of the Master Country Agreement between you or your (affiliated) companies and Equinix or its affiliated companies (or similar agreement which governs your receipt of Equinix's colocation and interconnection services, and whether directly or indirectly from Equinix) ("MCA"), except that, to the extent that the MCA requires us to obtain prior written consent to the disclosure of you as an Equinix customer or customer’s customer or end user or the IBX locations where you or your (affiliated) companies receive Equinix colocation and interconnection services worldwide, by agreeing to these Terms of Use and accessing and using the Portal, you provide such consent, and/or waive any obligation upon Equinix or its affiliated companies to seek such consent, and confirm you are authorized to do so on behalf of your company and its affiliated companies. 

1.3 You agree that Equinix Parties will have a fully paid, worldwide license to use and display copyrights, and trademarks and other intellectual property (including without limitation all original text, photographs and logos) that you submit to the Portal. You warrant that you have the authority to grant this license to the Equinix Parties and that the text, photographs or logos you submit to the Portal do not infringe on the copyright or other intellectual property rights of any third party, and you agree to indemnify Equinix Parties from any such liability.

1.4 Only designated editors of the Portal will have rights to edit individual company profiles on the Portal. Equinix will determine, in Equinix’s sole discretion, which participants on the Portal will have editor rights.

1.5 Since Portal access is optional, without limiting other remedies, Equinix may immediately issue a warning, temporarily or indefinitely suspend, or terminate any individual or company’s access to the Portal at any time in Equinix’s sole discretion. 

2.  Participant Information  You warrant that you and your (affiliated) company shall only use any information received via the Portal relating to any other parties ("Participant Information") in accordance with the following restrictions - Participant Information: (a) may not be used in any collusive or anti-competitive manner, or in any way likely to be in breach of applicable anti-trust or competition laws; (b) may not be retained outside of the Portal after the completion of communication/dialogue between participants unless a separate agreement is reached between you and the owner of such Participant Information; (c) may only be used with bona fide purchasers, prospective purchasers, bona fide sellers and prospective sellers of the services or products offered for/by you; and (d) may only be further disclosed to persons within your organization with a need to know and who are responsible for dealing with persons identified in paragraph (c) above.  You acknowledge that Participant Information is owned by other participants or other providers of data to the Portal. In the event of any use of Participant Information in breach of these Terms of Use, you agree that access and use of the Portal may be terminated by Equinix without notice to you and any such owner of the Participant Information is a third party beneficiary of the obligations you assume under these Terms of Use and such owner of the Participant Information shall be entitled to enforce any terms of the these Terms of Use directly against you as if such owner was a party to the MCA as defined above. These rights shall be enforceable by such owners under the law of the MCA and under the jurisdiction in which a sale or purchase was or would have been made or in which a service was or would be delivered.

3. Disclaimer. You acknowledge that the charts and information depicted on the Portal from any source may, from time to time, be incomplete or inaccurate. They are indicative only and cannot be relied upon by you or your (affiliated) companies to claim losses, damages or service credits against Equinix Parties. Equinix is not accountable or liable for any published content or collateral posted by you or on your behalf or by any other participants that may appear on the Portal, including customer-generated storefronts, social networking sites such as LinkedIn or Facebook, or anywhere else Participant Information (as defined below) may appear within the Portal.

4.  Data Protection Acknowledgment & Consent. By using the Portal, you acknowledge and expressly agree that the Portal will require you to provide certain personal information, including without limitation your business contact information for access and use by Equinix Parties (as defined below), their customers, their customers’ customers and other end users and also prospects  or “guests”, and you acknowledge that you may also choose to upload and publish further personal information about you, your colleagues and others, including sensitive personal information, on the Portal, together all being “Personal Data”. You acknowledge and agree that Equinix, Equinix affiliated companies in Europe, Middle East, Asia Pacific, the Americas and any future locations, and their respective agents, employees and contractors (cumulatively the "Equinix Parties") may use, process and/or transfer such Personal Data (including intra-group transfers and transfers to entities in countries that do not provide statutory protections for personal information) in connection with the launch, use, operation and support of the Portal. You may withdraw consent for such use, processing or transfer of Personal Data by sending written notice to Equinix in accordance with the prescribed form, available from Equinix on request, provided that you acknowledge that such withdrawal may limit availability and use of the Portal. You have the right to access Personal Data upon written notice and have any agreed errors in such Personal Data rectified. To the extent that Personal Data is not your own Personal Data, you warrant that you have the right to upload and publish any such Personal Data on the Portal, and you and your company shall be fully responsible for any liability arising for any uploading or publishing of Personal Data made by you, including indemnifying Equinix Parties from any such liability. The use of the Portal is voluntary and may be terminated by you or the Equinix customer or customer’s customer or end user who is responsible for your postings. If you do voluntarily provide Personal Data  on the Portal, you agree that Equinix shall have all required permissions and licenses to display such Personal Data on the Portal to other users of the Portal, who may or may not have a contractual relationship with Equinix. In addition, you agree that you and the Equinix customer of record responsible for your posting on the Portal take full responsibility for all Personal Data therein and shall be fully responsible for any liability arising for any posting made by you, including indemnifying Equinix Parties from any such liability.

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