Agiloft Customer Community Terms and Conditions of Use – Updated August 29, 2022
Please note: You must read and accept the following Agiloft Customer Community Terms and Conditions of Use (“Terms”) to access and use the Community.
The Community is a place for Users to publicly share feedback, ideas, work, and templates about or made using Agiloft services, products, or features. These Terms govern access to and use of the Community. Access to and use of the Community is provided subject to your acceptance without modification of the Agreement. By accessing, using, or participating in any part of the Community, you agree to become bound by the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use the Community or any services contained therein. These Terms may be updated from time-to-time.
If you are participating in the Community on behalf of an Entity, then “you” means that Entity, and you are binding that Entity to the Agreement and represent and warrant that you have all necessary authority to do so. If you do not have authority to agree to the terms and conditions of this Agreement on behalf of your Entity, you may not participate in the Community. The Community is available only to individuals who are at least 18 years old. If you are not 18 years of age or older, do not access or use the Community.
“Agiloft”, “we”, “us”, or “our” means Agiloft, Inc. and our affiliates.
“Agreement" means these Terms all other operating rules, policies, and procedures that may be published from time to time to the Community by Agiloft.
“Community” or “the Community” means the Agiloft Customer Community, owned and operated by Agiloft, available through the community.agiloft.com website and all content, services, products, features, events, discussions or other materials made available by Agiloft to the Agiloft Customer Community.
“Content” means any text, information, data, graphics, messages, sounds, videos, content, code, scripts, software or other materials.
“Entity" means your employer or company, organization, or other entity on whose behalf you are participating in the Community.
“User” means any individual who has access to or uses the Community. “User Content” means any Content that a User submits to Agiloft for the Community, including, but not limited to, templates, descriptions, testimonials, feedback, comments, suggestions, requests, and questions. The term “submit” includes submitting, posting, uploading or otherwise making available User Content on or through the Community.
Access to and Use of the Community
You are required to set up a User account to submit User 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 User Content submitted to a private Community group, User Content is publicly available to all members of the Community and may, at Agiloft’s sole discretion, be made publicly available to any visitors of Agiloft’s website.
If you create a User 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 your User account, such as posts, replies, upload media, and/or URLs that are shared by your User account. You must immediately notify Agiloft of any unauthorized uses of your User account or any other breaches of security. Agiloft will not be liable for any acts or omissions by you or your User account, including any damages of any kind incurred because of such acts or omissions.
Agiloft reserves the right to change, add to, or disable the Community at any time, for any reason, without notice, and without liability of any kind.
If you post User Content 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, you are responsible for the content of, and any harm resulting from, that User Content.
By making User Content available, you represent and warrant that:
- The downloading, copying and use of the User 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 Entity has intellectual property rights in the User Content, you have either (i) received permission from your Entity to post or make available the User Content, including but not limited to any software, or (ii) secured from your Entity a waiver as to all rights in or to the User Content;
- You have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;
- The User Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The User 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 User 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 User 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 User 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 User 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.
Agiloft Not Responsible for User Content
Agiloft has no obligation to (but may, in Agiloft’s sole discretion) monitor or review User Content. You are solely responsible for the enforcement of any of your rights to the User Content, and Agiloft is not responsible for providing assistance to you regarding the same or liable for any infringement of your rights to the User Content. Agiloft has no responsibility for and makes no representations or warranties about User Content you may encounter on or through 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.
You agree not to hold responsible in any way for any User Content you encounter.
Agiloft Use of User Content
You grant to Agiloft all rights, license and permissions necessary to display, reproduce, disseminate, and otherwise use your User Content in connection with the Community. You also grant Agiloft the rights to re-use your User Content to market and promote Agiloft, such as on Agiloft’s website, in public or private presentations, press releases and interviews, or in connection with Agiloft’s sales and marketing and other publicity efforts.
Removal of User Content
Agiloft reserves the right to remove any User Content at any time, for any reason, without notice, and without liability of any kind. Agiloft does not promise to store or make available through the Community or to you any of your User Content or any other Content for any length of time. You are solely responsible for keeping or backing up any User Content created or submitted by you.
Agiloft may terminate or suspend these Terms, the Agreement, or your access to the Community at any time, with or without notice and for any reason. Upon any termination or suspension of these Terms or the Agreement, Agiloft may delete your User account, User passwords and User Content, and Agiloft may bar you from further use of the Community. You understand that Agiloft 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. Agiloft 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 Agiloft may have.
Provisions in these Terms that by their nature are intended to survive termination or expiration of these Terms or your access to the Community will survive.
The Community may support sharing User Content on social media platforms such as Twitter, Facebook, or LinkedIn (“Social Media”), and allowing other Users (or Agiloft) to share your User Content on Social Media. You may share other users’ User Content on Social Media, provided that you include a link to the Community in your post. Please be aware that, when you share User Content to Social Media or otherwise leave the Community including clicking on a link in the Community which takes you to a Social Media platform, you do so entirely at your own risk and subject to the terms and conditions and of that Social Media platform.
Links to Third-Party Websites
The Community may contain links to third-party websites provided by Agiloft or included in User Content submitted by other Users. Agiloft does not monitor or have any control over third-party websites and is not responsible or liable for any loss or damage that may arise from your use of them. To the extent such links are provided by Agiloft, they are provided only as a convenience, and do not imply Agiloft’s endorsement, adoption, or sponsorship of, or affiliation with, such third-party websites. If you decide to use a link to a third-party website, you do so entirely at your own risk and subject to the terms and conditions of the third-party website.
Disclaimer of Warranties
The Community is provided “as-is”. Agiloft and its suppliers and licensors disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for any particular purpose, and non-infringement. Agiloft and its suppliers and licensors make no warranties that the Community will be error-free or that access thereto will be continuous or uninterrupted. You understand that if you download from, or otherwise obtain content or services through, the Community you do so at your own discretion and risk.
Limitation of Liability
In no event will Agiloft, or its suppliers or licensors, be liable to you for any direct, indirect, incidental, special, exemplary, or consequential damages however caused and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise) arising in any way out of the access to or use of the Community, even if advised of the possibility of such damage, including, but not limited to, (i) procurement of substitute goods or services; (ii) business interruption; (iii) loss of use or profits; or (iv) loss or corruption of data. The foregoing shall not apply to the extent prohibited by applicable law.
You understand and agree that absent your agreement to this limitation of liability, we would not provide the Community to you.
User 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 the Agreement.
Any provision of these Terms found to be invalid, unenforceable, or prohibited by law will be ineffective only to the extent of such invalidity, unenforceability, or prohibition without invalidating the rest of these Terms. The Terms are governed by California law without regard to its choice of law provisions. All disputes arising from or related to these Terms shall be exclusively litigated in the State and Federal courts located in California.
Effective date: August 29, 2022