Automic User Terms of Service

 

Thank you for taking an interest in the Automic Community website (the “Automic Community”). By using the Automic Community in any way, including using the services, downloading any software or documentation, contributing to the Automic Community, or merely browsing the Automic Community, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Service, in which case the terms “You” or “Your” shall refer to such entity, and all users associated with it. Automic reserves the right to update or modify these terms at any time, without notice to You, so please check back here frequently. If You do not have such authority, or do not agree to all of these Terms of Service do not access or use the Automic Community. Automic shall be referred to herein as “Automic”,“We” or “Our”.

You may not use, review, participate, or take part in the Automic Community for competitive purposes in any way without Our express written consent, which We may withhold at Our sole discretion. If You are a competitor or are reviewing this for competitive purposes, stop here.

 

Account Registration and Information

To access the Automic Community, You will need to register and create a user account. A user account will allow You to fully access and use the Automic Community, including the ability to download templates, post content, and participate in discussion forums. To create a user account You must be at least 21 years of age. You will also need to provide a user name, a password, a valid email address, and any other information requested in order to complete the registration process. Your user account information and password are confidential. You are responsible for maintaining the security of Your account and password. You are also responsible for all activity that occurs under Your account, and could be held liable by Automic for losses incurred either by Automic or another party due to someone else using Your account. Automic cannot and will not be liable for any loss or damage from Your failure to comply this section or from someone else using Your password or account, with or without Your knowledge.

 

Content

Content includes any information, software, documentation, or other materials that You or others upload to the Automic Community. Except for the software, services, or other material that We license to You that may be incorporated into Your own Content, We do not claim ownership of the Content that You or others make available through the Automic Community. Additionally, We do not control, verify, pay for, or endorse the Content that You or others make available through the Automic Community. Your Content remains Your Content, and You are responsible for it.

By sharing Your Content on Automic Community, You agree that the users of this website may use, reproduce, copy, modify, adapt, or create derivative works of such Content free of charge. Additionally, You agree that Automic has an irrevocable, royalty-free, perpetual license to use, reproduce, copy, modify, adapt, or create derivative works of Your Content, and that Automic shall own any such modification, adaptation, or derivate work created to the maximum extent permissible by law. You represent and warrant that Your Content will not infringe others copyright, trademarks, or other intellectual property rights or privacy rights. You represent and warrant that You have, and will continue to have, all the rights necessary for the Content that You upload or share, and that the use of such Content shall not violate any laws.

 

Automic License

All Automic information, text, files, software, documents, services, or other Automic content provided through the Automic Community are owned by Automic, and shall be governed by these Terms of Service. Occasionally, Automic may provide You with software or services that have a separate license from these Terms of Service, in which case, the appropriate license terms will be presented to You with the applicable software or service. In all other instances, where no license is presented, the following shall apply:

All Automic software and services provided or made available by the Automic Community, with the exception of the Automic software templates, are licensed to You on a limited, nonexclusive, nontransferable, nonassignable basis to use and operate the software and services for Your own personal and noncommercial use only.

The Automic software templates are licensed to You on a limited, royalty-free, nonexclusive, nontransferable, and nonassignable basis for You to use, copy, reproduce, modify, display, distribute, and create derivative works of the software templates for Your noncommercial use, and only for the purposes of using, developing or enhancing the software templates in order to interface with other Automic software. You agree to maintain all copyright and other notices contained in the software templates. You agree that nothing in this license grant shall diminish Automic’s ownership of the underlying intellectual property rights in and to the software templates.

Except to the extent permitted by this section, You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, create derivative works of, exploit, rent, lease or sell the Automic software (including software templates) or services, or any part thereof. You agree that Automic owns all legal right, title, and interest, including intellectual property rights, in and to the software and services. You agree to use the software and services only for the purposes that are permitted in this agreement and in accordance with any applicable law and regulation. You agree that the form and nature of the software and services that Automic provides or makes available to You may change without prior notice to You. You agree that Automic may stop providing the software and services to You or to users in general, at Automic’s sole discretion and without prior notice to You. Nothing in this agreement gives You the right to use Automic’s name, trademark, service marks, logos, domain names, or other distinctive brand features. Automic reserves all rights not expressly granted to You.

 

Your use of the Automic Community

The Automic Community is designed to enable You to communicate with others. You agree that You will only use the Automic Community in a proper and appropriate manner and agree that You will not:

Use the Automic Community for any purpose that is prohibited by the terms of this agreement or for any purpose that violates any applicable laws or regulations;

Use the Automic Community in any manner that could damage, disable, overburden, or impair any Automic server or network;

Use the Automic Community in any manner that could, in whole or in part, interfere with, restrict, or inhibit any other party’s use or enjoyment of the Automic Community;

Attempt to gain unauthorized access to any part of the Automic Community, other accounts, computer systems or networks connected to the Automic Community by way of hacking, password mining, or any other means;

Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Automic Community;

Use the Automic Community for purposes of conducting surveys, contests, pyramid schemes, or spamming;

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material, or information;

Use any content, material, or information provided or made available by the Automic Community in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

Post, or upload content that is protected by intellectual property rights, privacy rights, or any other applicable law unless You own or control the rights thereto, or have all of the necessary consents;

Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or harmful content;

Advertise, solicit, or offer to sell or buy any goods or services for any business purpose without Automic’s express written consent;

Falsify or delete any copyright information;

Harvest or otherwise collect personal information about others, including email addresses; or

Attempt to impersonate an Automic employee, agent, affiliate, subsidiary, or contractor or create a false identity for the purpose of misleading others.

Automic has no obligation to monitor the communications, information, or content posted on the Automic Community. However, Automic reserves the right to review the communications, information, or content posted and, in its sole discretion and without prior notice to You, remove any such communications, information or content. Additionally, Automic reserves the right to terminate Your access to the Automic Community at any time, for any reason, and without prior notice to You.

 

Collection of Your information and Privacy

The information that Automic collects from You will be used by Automic and its affiliates to enable the website features and to provide the services that You are using through the Automic Community. It also may be used to analyze and improve the Automic Community, or any of Automic’s products or services. Automic may hire third parties to provide limited services on our behalf and may provide Your personal information to such third parties, but only to the extent required and only the minimum amount necessary, in order for the third parties to deliver the services. Any third parties hired are prohibited from using Your personal information for any other purpose except for the limited services that they are hired for. Automic may use or disclose to others information that You post or upload to the Automic Community, without disclosing Your personally identifiable information. Except as described in this section, personal information that You provide to Automic will not be transferred to third parties without Your consent. Automic will use reasonable efforts to protect the privacy and confidentiality of Your personal information.

Automic may access or disclose information about You, including the content of Your posts or communications, in order to comply with the law or respond to lawful requests, protect the rights or property of Automic or our customer (including the enforcement of our agreements or policies governing Your use of the Automic Community) or act in good faith that such access or disclosure is necessary to protect the personal safety of Automic employees, customers, or the public.

Information that is collected or sent to Automic by this Automic Community may be stored and processed in the United States or in any other country in which Automic affiliates, subsidiaries, parent companies or service providers are located.

Particular features or services of the Automic Community may send certain standard computer information to Automic, including but not limited to IP addresses. Automic stores and logs all IP addresses received.

Your user name will be used to identify any posts or comments that You make to the Automic Community.

 

Third Party Websites and Links:

Automic or other users may provide or post links to third party websites or services. Automic is not responsible for any third party websites, services, or content available through such third party website or links. Please be aware that once You leave our website and enter another website, You may be subject to different terms and policies for which Automic has no control over and is not responsible for. Inclusion of any third party website or link does not imply endorsement by Automic of any such third party site.

 

Feedback

You are not required or expected to provide Automic with any feedback, suggestions, or ideas. However, if You so choose to submit any feedback, suggestions, or ideas to Automic about software or services, whether that be sending an email to Automic or posting them to the Automic Community, We may use such feedback, suggestion or idea in any way We deem fit, without obligation to You.

 

No Warranties and Liability Disclaimer:

Automic makes no warranties, express or implied, with respect to Your use of the Automic Community, or any software or services that are provided through the Automic Community. You understand that Your use of the Automic Community, or any software or service provided through the Automic Community, is at Your own risk and are provided on an “as-is” basis “with all faults” and “as available”.

Automic does not guarantee the accuracy or timeliness of information available through the Automic Community. To the extent permitted by applicable law, Automic expressly excludes any implied warranties, including for merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement, whether based on contract, tort, strict liability or otherwise, even if Automic has been advised of the possibility of damages. Automic does not guarantee that that the Automic Community will be uninterrupted, timely, secure, error-free, or that content loss won’t occur. Automic does not guarantee that it can or will provide maintenance for any of the software or services provided or made available by the Automic Community.

Automic makes no representation about the suitability of the Automic Community, or any software or services contained or discussed on the Automic Community, for any purpose. Automic does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Automic Community.

In no event shall Automic be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with Your use of the Automic Community or with the delay or inability to use the Automic Community, or for any content or software or services obtained through the Automic Community. To the extent permitted by applicable law, the total liability of Automic for any claims under these Terms of Service are limited to the amount You paid to Automic for use of the Automic Community. In all cases, Automic shall not be liable for any loss or damage relating to any content, software or services provided through the Automic Community by its users or any other third party.

 

Indemnification

You shall defend Automic against any claim, demand, suit or proceeding made or brought against Automic by a third party alleging that Your Content or any part of Your use of the Automic Community breaches this agreement or violates the applicable law, or infringes or misappropriates the intellectual property rights of a third party. You shall indemnify Automic for any damages finally awarded against Automic, and for all reasonable attorney’s fees incurred by Automic in connection with any such claim, demand, suit or proceeding. You shall fully cooperate, as reasonably required, in the defense of any claim. Automic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not, in any event, settle any matter without the written consent of Automic.

 

Export/Import:

Some countries have restrictions on the use of encryption within their borders, or the import or export of encryption even if for only temporary personal or business use. You acknowledge and agree that You are ultimately responsible for complying with any and all government export or / and other applicable laws. You agree that You will not, directly or indirectly, export or transmit any software or technical data downloaded through the Automic Community to any country to which export or transmission is restricted by any applicable law or regulation. Additionally, the software may not be downloaded or otherwise exported or re-exported (i) into any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nations or the United States Commerce Department’s Table of Denial Orders. . You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use or re-export any software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.

 

General

This agreement constitutes the entire agreement and understanding between You and Automic with respect to the Automic Community. This agreement supersedes and nullifies any prior agreement between You and Automic with respect to the Automic Community. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Automic as a result of this agreement or use of the Automic Community. You may not assign this agreement. Automic may assign this agreement or its rights and obligations hereunder. All parts of this agreement apply to the maximum extent permitted by law. If a court holds any term of this agreement invalid or unenforceable, then Automic shall replace the invalid, unenforceable term with a valid, enforceable one which matches the intent of the original language, and the remainder of the Agreement shall continue in full force and effect. The failure by Automic to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. The agreement’s section titles are for reference only and have no legal effect.

Any action or claim brought in connection with this Agreement shall be brought only in the courts having jurisdiction for this Automic entity, except that, without limiting the application of the arbitration clause below, i) in the United Kingdom, English Law governs Agreement and the parties will be subject to the to the jurisdiction of the English courts, ii) in the United States, the laws of the State of Washington govern this Agreement and the parties will be subject to the jurisdiction of the state or federal courts having jurisdiction for Seattle, Washington, iii) in Canada, the laws of the Province of Ontario govern this Agreement and the parties will be subject to the jurisdiction of the courts having jurisdiction for Toronto, Ontario, and iv) in Hong Kong and in the United Arab Emirates, English law governs this Agreement and the arbitration clause shall apply.

When You are incorporated neither in the European Union, Switzerland, Norway, the United States, Canada, Australia nor in Singapore, the parties agree that any dispute arising out of or relating to this Agreement which cannot be resolved by attempts made in good faith by and between the parties, shall be submitted to the International Court of Arbitration of the International Chamber of Commerce for final settlement in accordance with its Rules of Arbitration as in force when the dispute arises. The place of arbitration shall be Seattle, Washington, if You are incorporated in the Americas; and Vienna, Austria, in all other cases. The procedure shall be conducted in the English language.

Any rights not expressly granted herein are reserved.