The following terms and conditions govern all use of the community.agiloft.com website (“Community” or “the Community”) and all content, services, and products available at or through the website, including community.agiloft.com. The Website is owned and operated by Agiloft inc. (“Agiloft”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Agiloft (collectively, the “Agreement”).
By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Agiloft, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
The Community is a place for users to publicly share feedback, ideas, work, and templates about or made using Agiloft services, products, or features. If you are participating in the Community on behalf of a company, organization, or other entity, then “you” means that entity, and you are binding that entity to these Terms and represent and warrant that you have all necessary authority to do so. If you do not have authority or if you do not agree with these Terms, you may not participate in the Community.
“Community” or “the Community” means any community technology, features, websites, ideation, events, or discussion forums made available by Agiloft.
“Content” means any text, information, data, graphics, messages, sounds, videos, content, code, scripts, software or other materials.
“User Content” means any Content that a user submits to Agiloft for the Community, including templates, descriptions, testimonials, feedback, comments, suggestions, requests, questions, etc. The term “submit” includes submitting, posting, uploading or otherwise making available User Content on or through the Community.
Use of the Community
You are required to set up a user account to submit Content to the Community. You agree to provide us with accurate and complete information about yourself when setting up a user account. You also agree that you will not share your user account or password with any other person. Except for Content submitted to a private Community group, Content is publicly available to all members of the Community and publicly to any visitors of our website.
If you create an account on the Community, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account, such as posts, replies, upload media, and/or URLs that are shared by your account. You must immediately notify Agiloft of any unauthorized uses of your account or any other breaches of security. Agiloft will not be liable for any acts or omissions by you or your account, including any damages of any kind incurred because of such acts or omissions.
We reserve the right to change, add to or disable the Community at any time, without notice or liability.
If you post material to the Community, post links on the Community, or otherwise make (or allow any third party to make) material available by means of the Community (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, audio, code, or computer software.
By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not pornographic or contain profanity, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- The content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- The content is not named in a manner that misleads your readers into thinking that you are another person or company; and
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Agiloft or otherwise.
Company Not Responsible
We have no obligation to (but may, in our discretion) monitor or review User Content. You are solely responsible for the enforcement of any of your rights to the User Content, and Agiloft shall not be held liable or responsible for providing assistance to you regarding the same. We have no responsibility for and make no promises about User Content you may encounter on the Community, including whether it infringes third-party rights or its reliability, accuracy, usefulness or safety. You may find User Content on the Community to be offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for any User Content you encounter.
We may terminate or suspend these Terms or your access to the Community at any time, with or without notice and for any or no reason. Upon any termination or suspension of these Terms, we may delete your account, passwords and User Content, and we may bar you from further use of the Community. You understand that we may also continue to make your User Content available on the Community, or elsewhere as permitted under these Terms, even if your use of the Community is terminated or suspended. We will have no liability to you or any third party for any termination or suspension, nor will termination or suspension limit any other rights or remedies we may have. Those provisions in these Terms that by their nature are intended to survive termination or expiration of these Terms or your access to the Community shall so survive.
Removal of User Content
We reserve the right to remove any User Content at any time without notice, for any or no reason, including if it violates these Terms. We do not promise to store or make available on the Community any of your User Content or any other Content for any length of time. Your use of the Community is subject to the terms of these Terms, as may be changed or updated from time to time.
Links to Third-Party Websites
Disclaimer of Warranties
The Community is provided “as-is”. Agiloft and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Agiloft nor its suppliers and licensors, makes any warranty that the Community will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Community at your own discretion and risk.
Limitation of Liability
In no event will Agiloft, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Agiloft, its suppliers and licensors, shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Agiloft, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of your use of the Community, including but not limited to your violation of this Agreement.
Effective date: July 12, 2021