This online community provided by GoodData Corporation and its affiliates (“we” or “GoodData”) is designed to create and support an online community where GoodData users, customers or partners can share their experiences about GoodData services, easily receive information about GoodData services, get a peer-to-peer support and thought leadership on best practices (“GoodData Community”).
Every GoodData Community user agrees to abide by these Community Terms and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate these Community Terms.
We reserve the right to modify these Community Terms in our sole discretion at any time without giving you prior notice. Your use of the Community following any such modification constitutes your agreement to follow and be bound by these Community Terms as modified. You agree to review the Community Terms on a regular basis and always remain in compliance.
We will provide you access to use the GoodData Community according to these Community Terms. We may use one or more third party service providers to provide some or all elements of the GoodData Community. In order to access and use the GoodData Community, you must provide your email address and establish a username and password with a third party service provider, and you grant us the right to share the information necessary to enable your use of the GoodData Community with such a third party service provider.
You may not use a username that: (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, (vi) uses ‘GoodData’ as all or part of it, unless we provide express permission to do so, or (vii) we reject, which we may choose to do in our discretion. All information you provide in your profile must be accurate. Your account will be accessed through a username and password that you will create (your "Credentials"). Your Credentials are solely for your use. You are responsible for maintaining the confidentiality of your Credentials and you are fully and solely responsible for all activities that occur under your Credentials, whether authorized by you or not. It is your responsibility to take adequate precautions with your Credentials. If you believe your access to or use of the GoodData Community has been breached, compromised, or unauthorized, notify us immediately at email@example.com.
GoodData Community is not intended for users under the age of thirteen (13). By creating your account for GoodData Community, you represent and warrant that you are at least thirteen (13) years of age.
Acceptable Use. Using your account, you may access and participate in GoodData Community, including viewing, posting and responding to communications on and through GoodData Community. You will use the GoodData Community for its intended purpose only, and will not use it for solicitation or advertising purposes.
The GoodData Community is meant for public discussion, so you may not disclose anyone's confidential information or personal information. GoodData disclaims all liability for information you post to the GoodData Community. You are responsible for the use by third parties of any personal information disclosed by you to the GoodData Community, whether or not you permitted such use.
You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in the GoodData Community or Community Content. (“Community Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the GoodData Community, whether by us, our customers, or other users of the GoodData Community. Community Content does not include Your Content, as defined herein).
In addition, you may not (directly or indirectly) use the GoodData Community in a manner that is in violation of these Community Terms, including without limitation, posting content that:
Suspension and Notice of Violations. We may immediately suspend your use of the GoodData Community, without notice, for actual or suspected violations of the terms contained in this Section 2 (Your Conduct and Content). If you know of usage that is in violation of these Community Terms, please let us know at firstname.lastname@example.org.
Claims of Copyright Infringement. We may, in our sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights. If you have a good faith belief that your intellectual property rights have been infringed upon in the GoodData Community, you may send GoodData a written copyright infringement notice via mail or email to email@example.com.
Our Use of Your Content. You grant to us and certain third parties all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use all content, including without limitation, language, data, information, and images, provided through or disclosed through use of the GoodData Community, by you (“Your Content”) in connection with the GoodData Community. We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion. GoodData alone (and its licensors, where applicable) shall own all rights, title and interest, including all related Intellectual Property Rights in and to GoodData’s technology. You assign to GoodData all right, title and interest in any ideas, suggestions, enhancement requests, feedback, recommendations, or other information provided by the GoodData Community, which GoodData may, in its sole discretion, incorporate into its products.
Content Posted by Third Parties. GoodData cannot control and has no obligation to control Community Content, and does not guarantee the accuracy, integrity or quality of such Community Content. You understand that by using the GoodData Community you may be exposed to Community Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will GoodData be liable in any way for any Community Content, including without limitation any errors or omissions, or any loss or damage of any kind incurred as a result of your use of any Community Content. You understand that you must evaluate and bear all risks associated with the use of, or reliance on, any Community Content. You may report objectionable materials at firstname.lastname@example.org.
The GoodData Community is hosted in the United States. If you use the GoodData Community from outside of the United States, you acknowledge that you are voluntarily transferring information and content to the United States, and you agree that GoodData’s collection, use, storage, and sharing of your information and Your Content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located. You will comply with all United States laws, rules, and regulations applicable to the export of such products, services, software and technical data regardless of the jurisdiction in which you are located.
No License. No license to any GoodData product, software or trademarks is granted by these Community Terms. The GoodData products are protected by intellectual property laws. GoodData and its licensors (as applicable) retain all rights, title and interest to the GoodData products.
Products and professional services that are provided by third parties which may interoperate with or be used in connection with the GoodData products, including GoodData Community (“Third-Party Products”) and third-party websites linked from within or accessed through the GoodData Community (“Third-Party Sites”) are not under GoodData’s control. It is your responsibility to adhere to all terms and conditions of any Third-Party Sites. GoodData provides links to Third-Party Sites and Products only as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support or warrant the Third-Party Site or Product.
GOODDATA DISCLAIMS ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS AND THIRD-PARTY SITES.
Term. These Community Terms, as updated from time to time in our sole discretion, will apply for as long as you use or maintain a username for the GoodData Community.
Termination and Suspension. We can refuse registration of, or terminate, any GoodData Community account in our sole discretion, at any time. We are not obligated to provide you with any of Your Content used in connection with the GoodData Community after termination. Termination of your GoodData Community account, deprecation of GoodData Community or termination of these Community Terms shall not cause any other agreement with GoodData, if you have any, to be terminated, except to the extent your breach of Community Terms constitutes a breach of any other agreement.
You represent and warrant that: (i) your participation in the GoodData Community will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us for our use and with other users of the GoodData Community, and that you are not violating any confidentiality obligations by submitting Your Content to the GoodData Community, and (iii) your Content does not violate or infringe upon any third party intellectual property right, right of privacy, right of publicity or other proprietary right.
You will indemnify, defend and hold harmless GoodData, its parents, subsidiaries, affiliates, officers, directors, and employees against any third-party claim, demand, suit, action, or proceeding (each, a “Claim”) brought by a third party due to or arising out of (a) your use of the GoodData Community, (b) your disclosure or solicitation of Your Content, (c) any use, by you or any third party, of Your Content that you disclosed, (d) your noncompliance with or breach of these Community Terms, or (e) your use of Third-Party Products or Third-Party Sites. We will: notify you in writing within thirty (30) days of our becoming aware of any Claim; give you sole control of the defense or settlement of a Claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the Claim. Without our prior written consent, you shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us.
Authority. Each party represents and warrants to the other that it has full power and authority to enter into these Community Terms and that it is binding upon such party and enforceable in accordance with its terms.
Disclaimer of Warranties. WE AND OUR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE GOODDATA PRODUCTS OR SERVICES, THE GOODDATA COMMUNITY, OR THE COMMUNITY CONTENT FOR ANY PURPOSE. THE GOODDATA COMMUNITY IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE GOODDATA COMMUNITY AND THE COMMUNITY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHER, GOODDATA AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE GOODDATA COMMUNITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOODDATA DOES NOT WARRANT THAT THE GOODDATA COMMUNITY WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GOODDATA COMMUNITY IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GOODDATA OR THE GOODATA COMMUNITY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THESE COMMUNITY TERMS WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED DOLLARS.
YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE GOODDATA COMMUNITY TO YOU.
Amendment; No Waiver. If we update or change these Community Terms, the updated Community Terms will be posted at https://community.gooddata.com/site/terms. The updated Community Terms will become effective and binding on the next business day after it is posted. We encourage you to review these Community Terms periodically. If you do not agree with a modification to these Community Terms, you should stop using the GoodData Community.
Applicable Law. These Community Terms shall be governed by the laws of California, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with these Community Terms or any other dispute between the parties, you and we consent to the jurisdiction of the state and federal courts in San Francisco County, California.
Compliance with Applicable Laws. You shall comply with all applicable foreign and domestic laws (including without limitation, export laws), governmental regulations, ordinances, and judicial administrative orders. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to the Community Content and the GoodData products and services. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Community Content or the GoodData products and services to prohibited countries or individuals or permit use of the Community Content or the GoodData products and services by prohibited countries or individuals.
Severability. If any part of these Community Terms is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Community Terms will continue in effect.
Consent to Electronic Communications and Solicitation. You understand and expressly agree that we may send you communications or data regarding the GoodData Community via electronic mail. You agree that all such notices, disclosures and other communications that GoodData provides to you electronically satisfy any legal requirement that such communications be in writing.
Entire Agreement. These Community Terms constitute the entire agreement between us for GoodData Community and supersede all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. It is the express wish of both you and us that these Community Terms and all related documents be drafted in English.
No Third Party Beneficiaries. Nothing in these Community Terms, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of these Community Terms.