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Terms of Service

Last revised July 9, 2013

Please be on notice that effective immediately we are amending the Terms of Service to reflect the following. Your continued use of the KPI Library, KPI Library Pro, Benchmark, Project or any services provided under these Terms of Service (“Services”) will constitute your consent to these changes.

Mirror42 Holding B.V. (“Mirror42”) has been acquired by ServiceNow Nederland B.V. (“ServiceNow”), and is now a wholly-owned subsidiary of ServiceNow (“Acquisition”).

Effective immediately, as a result of the Acquisition, we will no longer process new orders under the Terms of Service you may have with Mirror42. Any valid existing orders (“Orders”) between you and KPI Library B.V., a wholly owned company of Mirror42, or Mirror42 will be assigned to ServiceNow and will be performed by ServiceNow for the remainder of the Order term.

We intend to end of life and end support for the Mirror42 products offered under these Terms of Service, effective as of June 30, 2014 (“EOL”). As part of the EOL process, if your current subscription term is on a annual basis, we may convert that term to a monthly basis upon the renewal date, and the last time we will accept an order is no later than May 30, 2014. Alternatively, at our discretion, we may offer you a complimentary subscription service upon the renewal date of your current order term, for which the subscription service will end no later than June 30, 2014.

If you are receiving the KPI Library Pro as part of your authorized use of ServiceNow Performance Analytics, your use is for the duration of your subscription term for Performance Analytics subject to these Terms of Service.

ServiceNow reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of these Terms of Service will result in the termination of your account. While ServiceNow prohibits such conduct and content (“Content”) on the Service, you understand and agree that ServiceNow cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms
  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
  5. You are responsible for maintaining the security of your account and password. ServiceNow cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  7. If you are using a free account you are not permitted to block ads.
  8. One person or legal entity may not maintain more than one free account.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Contractual Conclusion

In case of a paid Service, the offer for a contractual conclusion emanates from the customer as soon as he/she has clicked upon the field “Order now.” Only upon the assignment and transmission of the transaction number by ServiceNow to the customer (by email) is a contract between the customer and ServiceNow concluded.

Payment, Refunds, Upgrading and Downgrading Terms
In case of paid Services.
  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  2. An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  5. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  6. Downgrading your Service may cause the loss of Content, features, or capacity of your account. ServiceNow does not accept any liability for such loss.
Cancellation and Termination
In case of paid Services.
  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the account link in the global navigation bar at the top of the screen. The account screen provides a simple no questions asked cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled or terminated.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. ServiceNow, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. ServiceNow reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
  1. ServiceNow reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the www.kpilibrary.com or the Service itself.
  3. ServiceNow shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
General Conditions
  1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
  2. Technical support is provided to only paying account holders and is only available via email (support@kpilibrary.com).
  3. You understand that ServiceNow uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website to falsely imply that it is associated with the Service, ServiceNow, or any other ServiceNow service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express prior written permission by ServiceNow.
  6. We may, but have no obligation to, remove any Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ServiceNow customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by ServiceNow) of other ServiceNow customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  12. ServiceNow does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or (v) any errors in the Service will be corrected. TO THE MAXIMUM EXTENT ALLOWED BY LAW, SERVICENOW DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES ARISING UNDER STATUTE, WARRANTIES OF MERCHANTABILITY, ACCURACY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. you ACKNOWLEDGE THAT IN ENTERING these terms of service you have NOT RELIED ON ANY PROMISE, WARRANTY OR REPRESENTATION NOT EXPRESSLY SET FORTH HEREIN.
  13. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SERVICENOW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SERVICENOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE, OR INDIRECT DAMAGES OF ANY TYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN IF WE HAVE BEEN ADVISED OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. TO THE EXTENT PERMITTED BY LAW, THE TOTAL, CUMULATIVE LIABILITY FOR US ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICES PROVIDED HEREUNDER, WHETHER BASED ON CONTRACT, IN TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
  14. The failure of ServiceNow to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and ServiceNow and govern your use of the Service, superseding any prior agreements between you and ServiceNow (including, but not limited to, any prior versions of the Terms of Service).
Content Ownership

ServiceNow does not claim ownership of the materials in your account. By explicitly posting, uploading, inputting, providing or submitting your content to a public section of ServiceNow (“User-posted Content”), you are granting ServiceNow, its affiliated companies and necessary sublicensees permission to use User-posted Content in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User-posted Content; and to publish your name in connection with User posted Content. ServiceNow reserves the right to use aggregated meta-data of materials in your account in connection with the operation of their Internet businesses including, without limitation, statistics on usage.

No compensation will be paid with respect to the use of User-posted Content, as provided herein. ServiceNow is under no obligation to post or use any User-posted Content you may provide and may remove any User-posted Content at any time in ServiceNow’s sole discretion.

By posting, uploading, inputting, providing or submitting User-posted Content you warrant and represent that you own or otherwise control all of the rights to your User-posted Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit User-posted Content.

ServiceNow does not pre-screen User-posted Content, but ServiceNow and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

User-posted content, unless source quoted, is licensed under a Creative Commons Public Domain License.

USE OF COMMUNICATION SERVICES

ServiceNow may provide bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), and you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

ServiceNow has no obligation to monitor the Communication Services. However, ServiceNow reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ServiceNow reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ServiceNow reserves the right at all times to disclose any information as 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 ServiceNow’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ServiceNow does not control or endorse the content, messages or information found in any Communication Service and, therefore, ServiceNow specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ServiceNow spokespersons, and their views do not necessarily reflect those of ServiceNow.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

LINKS TO THIRD PARTY SITES

ServiceNow may contain links to other Web Sites (”Linked Sites”). The Linked Sites are not under the control of ServiceNow and ServiceNow is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ServiceNow is not responsible for webcasting or any other form of transmission received from any Linked Site. ServiceNow is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ServiceNow of the site or any association with its operators.

COPYRIGHT AND TRADEMARK

All contents of ServiceNow Web Sites are: Copyright 2004-2013 ServiceNow Nederland B.V. and/or its suppliers. All rights reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

TERMS OF SERVICE CONTACT

Questions about the Terms of Service should be sent to Mirror42info@servicenow.com.