Effective as of August 06, 2020
These OPSWAT, Inc. Community Terms of Service (“Community Terms”), outline the terms regarding Your use of the OPSWAT Community accessible at https://go.opswat.com/OPSWATCommunity or through the OPSWAT Portal at https://portal.opswat.com ("Portal”).
These Community Terms are incorporated into, made part of, and governed by the OPSWAT, Inc. Terms of Service: https://onlinehelp.opswat.com/policies/OPSWAT%2C_INC._TERMS_OF_SERVICE.html (“Terms”). If there is a conflict between a provision of the Terms and these Community Terms, the Community Terms control for the OPSWAT Community.
These Community Terms are a legally binding contract between You and OPSWAT, Inc. (“OPSWAT”) so read carefully. If You do not agree with these Community Terms, do not use the OPSWAT Community.
By using or accessing the OPSWAT Community, You agree to be bound by these Community Terms.
If You use the OPSWAT Community on behalf of an entity, You agree to these Community Terms for that entity and represent and warrant to OPSWAT that You have the authority to bind that entity to these Community Terms (in which event, "You" and "Your" refer to that entity.
Unless defined below, capitalized terms have the same meanings as in the OPSWAT, Inc. Terms of Service: https://onlinehelp.opswat.com/policies/OPSWAT%2C_INC._TERMS_OF_SERVICE.html
The following capitalized terms have the following meanings:
“Content” means all Feedback, materials, language, data, website links, images, photos, videos, comments, statements, articles, documents, blogs, instructions, messages, white papers, audios, graphics, texts, logos, or other information.
“OPSWAT Community” means a free community site accessible at https://go.opswat.com/OPSWATCommunity (accessible through OPSWAT.com/Services and through the Portal) for OPSWAT customers, users, OPSWAT channel partners, and prospects to have discussions, share ideas, get help from each other, and suggest and vote on enhancements to OPSWAT products and services.
2. CHANGES TO THESE COMMUNITY TERMS
OPSWAT reserves the right to modify these Community Terms. If OPSWAT makes material changes to these Community Terms, OPSWAT will notify You via the Portal and/or email You at the email associated with Your Portal account. If You do not accept the changes, stop using and close Your accounts at https://go.opswat.com/myuserright by choosing the option “Delete My Data – Request that we remove your data completely from our systems”. Your continued use of OPSWAT Community after OPSWAT publishes or notifies You about OPSWAT’s changes to the Community Terms means You consent to the updated terms.
Your customer type, Portal account user name, email address, first name, and last name may be displayed to other OPSWAT Community users.
You agree not to disclose Your own, or another individual’s or entity’s Personal Information or Personal Data (i.e. telephone, address, email, credit or debit card numbers, health information, passport numbers, drivers’ license numbers, bank account numbers, birthdates, passwords, security credentials, social security number) while using the OPSWAT Community.
Information submitted to the OPSWAT Community is not confidential, and may be disclosed to other OPSWAT Community users, non-Portal account holders, or third parties.
You agree OPSWAT is not obligated to take down information once posted, except when Applicable Laws require.
4. ACCEPTABLE USE
While using the OPSWAT Community, You agree to these acceptable use policies (“Rules”):
(a) Never post or allow anyone to post under Your account:
(1) Content that is inaccurate, incomplete, abusive, derogatory, degrading, vulgar, obscene, hateful, racially offensive, discriminatory, profane, harassing, lewd, indecent, stalking, pornographic, deceptive, misleading, false, fraudulent (i.e. unsubstantiated or comparative claims regarding OPSWAT Services, or products or services of other individuals or entities), or otherwise reasonably objectionable.
(2) Content that discloses private or personal matters about You, another individual or entity.
(3) Content that is defamatory towards OPSWAT, OPSWAT Community users, moderators, competitors, or OPSWAT Representatives.
(4) "Rants," "slams," personal attacks, or legal threats against OPSWAT, OPSWAT Community users, moderators, competitors, or OPSWAT Representatives.
(5) Content that is intended to impersonate another individual, including an OPSWAT Representative.
(6) Content that is posted in exchange for payment or other consideration.
(7) Off-topic, political, or religious Content.
(8) Content about minors.
(9) Content that You do not have the right to transmit under Applicable Laws (i.e. copyright, trade secret, privacy, publicity, export, or securities violations) or under contractual or fiduciary relationships (i.e. non-disclosure agreement breach).
(10) Content sent from OPSWAT to You, another individual or entity, outside of the OPSWAT Community (i.e. emails, texts, messages).
(11) Advertising, promotional materials, or other solicitation, including chain letters, pyramid schemes, class action lawsuits, goods or services, or charitable appeals.
(12) Files or links to files that contain Malware, or anything that violates these Rules.
(13) Duplicate posts, spam messages, or posts repeated excessively on one or more discussions.
(14) Content or activity that interferes with OPSWAT Community operations or performance, or a user's Portal message box, including, but not limited to, “crashing”, mail or "post" bombing, news bombing, or other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking, "post" bumping or posting comments that are intended to raise the visibility of a post rather than add substantive value.
(15) Product designs, or computer code (i.e. software sample code, source code, scripts, patches, bug fixes, binaries, executables).
(b) You must not:
(1) Attempt to, or gain, unauthorized access to OPSWAT’s, Third Party Providers’, or OPSWAT channel partners’ Portal accounts, servers, systems, or networks.
(2) Scrape, data-extract, data mine, or engage in any related or similar data-harvesting activity, from the OPSWAT Community, or otherwise collect information about other OPSWAT Community users without their consent.
(3) Restrict, interfere, or inhibit a Portal user’s access or use of the OPSWAT Community.
(4) Sell, resell, rent, lease, redistribute, distribute, assign, sublicense, license, transmit, broadcast, exploit, barter, grant a security interest in, or transfer Your right to use or access the OPSWAT Community, or portions of it, to another individual or entity.
(5) Mirror or frame the OPSWAT Community, or portions of it, on another website or webpage.
(6) Employ bots for the use of scrolling, showing multiple screens, or other activities that may disrupt online communication.
(7) Violate or promote the violation of Applicable Laws.
(8) Probe, scan, or test the vulnerability of a system or network, or breach security or authentication measures.
(9) Forge TCP/IP packet header or any part of the header information in any email or newsgroup posting.
(10) Provide service bureau or other data processing services using the Content.
(c) You must:
(1) Prevent unauthorized access to the OPSWAT Community.
(2) Attribute authors, and label or provide the sources for Content You do not own.
(3) Report unauthorized use or access to the OPSWAT Community, or inappropriate content, to OPSWAT by logging a case with OPSWAT Support through the OPSWAT Portal or by emailing us at email@example.com.
5. SUSPENSION AND TERMINATION OF THE SERVICE
OPSWAT may edit, block, not post, or remove Your Content, or disable replies to Your discussions, at any time in OPSWAT’s sole discretion.
OPSWAT may suspend or terminate Your use or access to the OPSWAT Community or Portal, at any time, in its sole discretion, if OPSWAT reasonably believes in good faith You are in violation of the Community Terms, Rules, or Applicable Laws.
In the event You make Feedback that OPSWAT adopts for its Services, such Feedback shall be deemed automatically assigned under the Terms and these Community Terms to OPSWAT, and become the sole and exclusive property of OPSWAT.
OPSWAT may exercise all Intellectual Property rights and publicity rights with respect to Your Feedback without attribution to You.
You will only submit Feedback:
(a) that You have the right and authority to share, and for which You have the right and authority to grant OPSWAT all the licenses and rights set forth herein.
(b) without restrictions, charge, compensation, consideration.
(c) that does not infringe or violate third party Intellectual Property, publicity rights, or other rights.
Usage Data. OPSWAT may track and analyze Your OPSWAT Community use or access, including, but not limited to, Content You submit (“Usage Data”), to enhance Services offerings, and improve the OPSWAT Community and user experience. OPSWAT may disclose Your Usage Data to Third Party Providers, or when required by Applicable Laws.
Your Content. Without consideration, charge, compensation You waive all Intellectual Property rights and grant to OPSWAT all rights, licenses, and permissions necessary worldwide, perpetual, irrevocable to sublicense to third parties, adapt, display, reproduce, disseminate, use, modify, make publicly available, translate, publish, create derivative works from, and distribute Your Content for any purpose, including, but not limited to, in connection with Services and the OPSWAT Community.
7. OPSWAT COMMUNITY UPDATES
OPSWAT may add or remove functionalities or features, including, but not limited to, public view access, or suspend or stop the OPSWAT Community altogether, without notice.
OPSWAT may make unscheduled deployments of changes, releases, improvements, or enhancements to the OPSWAT Community any time. During such deployments, You acknowledge certain features and functionality of the OPSWAT Community may be unavailable, modified functionalities may result in data loss or alterations, and outages may occur.
8. DISCLAIMER OF WARRANTIES
The OPSWAT Community Content comes from a variety of sources, primarily from Portal account holders.
OPSWAT makes no warranties or representations as to the accuracy, completeness, reliability, usefulness, non-infringement, quality, originality, or truth of Content submitted or found in the OPSWAT Community, regardless of whether OPSWAT reviewed, monitored, or moderated such Content.
The OPSWAT Community may provide website links to websites not administered or controlled by OPSWAT. You agree to all risks associated with accessing and using third party websites.
You are responsible for Your own decisions to act upon OPSWAT Community Content, including, but not limited to, using or accessing third party services or products.
Content posted by OPSWAT in the OPSWAT Community is not part of the Documentation, Terms, or any separate contract You have in effect with OPSWAT.
While the OPSWAT Community may include Content from OPSWAT Representatives, the OPSWAT Community is not an official authority on OPSWAT Support. OPSWAT generally describes its Support options at https://www.opswat.com/support.
USE OF THE OPSWAT COMMUNITY IS AT YOUR OWN RISK. OPSWAT has no obligation to moderate, review, or monitor the OPSWAT Community or its Content.
OPSWAT MAKES NO (AND OPSWAT SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS: (A) ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (B) OF: (I) SATISFACTORY QUALITY; (II) FITNESS FOR A PARTICULAR PURPOSE; (III) NON-INFRINGEMENT; OR (IV) INTEROPERABILITY WITH THIRD-PARTY PRODUCTS OR SERVICES; AND (C) THAT THE OPSWAT COMMUNITY WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES. IN SUCH AN EVENT, THE ABOVE EXCLUSIONS WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY LAW.
IF YOU ARE DISSATISFIED WITH THE OPSWAT COMMUNITY OR THESE COMMUNITY TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE OPSWAT COMMUNITY.
This Section 8 (DISCLAIMER OF WARRANTIES) survives expiration or termination of the Community Terms.
9. LIMITATION OF LIABILITY
Your sole and exclusive remedy hereunder shall be to discontinue use of the OPSWAT Community. THE LIMITATIONS AND EXCLUSIONS APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OPSWAT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, LOSS OF PROFITS OR REVENUE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, LOSS OR USE OF DATA) HOWEVER CAUSED, WHETHER BASED IN CONTRACT, TORT, WARRANTY, NEGLIGENCE, OR OTHER LIABILITY THEORY, EVEN IF OPSWAT HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT, THE ABOVE EXCLUSIONS WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY LAW.
This Section 9 (LIMITATION OF LIABILITY) survives expiration or termination of the Community Terms.
You will defend and indemnify OPSWAT and its Affiliates, and its and theirs, directors, officers, employees, independent contractors, successors and assigns, against any third party Claim: (a) that Your or Your Affiliates’ or independent contractors’ use of the OPSWAT Community in breach of these Community Terms, infringes or misappropriates a registered trademark, copyright, trade secret, or United States registered patent (to the extent such infringement or misappropriation is not the result of OPSWAT’s actions); or (b) relating to Your or Your Affiliates’ or independent contractors’ use of the OPSWAT Community in violation of the Rules. You will, with respect to any Claim against OPSWAT that is subject to this Section 10 (Indemnification), indemnify OPSWAT for Losses finally awarded against OPSWAT to such third party by a court of competent jurisdiction or agreed in settlement.
This Section 10 (Indemnification) survives expiration or termination of the Community Terms.
11. GOVERNING LAW; VENUE
Governing Law. These Community Terms will be construed and enforced in all respects in accordance with the laws of the State of California, U.S.A., without reference to its choice of law rules.
Venue. In the event of a Claim arising out of the Community Terms, the parties submit to exclusive venue in, and the exclusive jurisdiction of, federal and state courts, as applicable, located in San Francisco, California, U.S.A.
English is the language governing these Community Terms.
This Section 11 (Governing Law; Venue) survives expiration or termination of the Community Terms.
These Community Terms constitute the entire agreement between the parties and supersedes all prior agreements or communications between the parties with regard to the subject matter. These Community Terms may not be amended or modified except by a writing signed by each party. These Community Terms supersedes and controls over conflicting or additional terms and conditions of any purchase order, acknowledgement, confirmation, or other document You issue.