- Security and Passwords. The Site may require creating an account to access the full services. You are responsible for the confidentiality of the passwords used to login to the Site. If You have provided credentials to access or authenticate the Site via third party websites such as Facebook or LinkedIn, you acknowledge that (a) you will abide by any terms and conditions required by such services, (b) Sitecore is not responsible for the security of your password, credentials, or other personal information stored or provided by such services, and (c) You authorize Sitecore to use any information supplied by such services in order to provide the Site to You.
- Limitations of Your Use. By using this Site, you agree that:
- You will not transmit or publish any content that contain any malicious codes, viruses, malware or any other similar software or programs that will damage or limit the operation of any computer or telecommunication device.
- You will not use Sitecore to impersonate any individual or entity.
- You will not use Sitecore for spamming, phishing or any similar activity.
- You will not transmit or publish any content that is considered as confidential and/or personal information belonging to any person or entity.
- You will not use Sitecore for selling or distributing illegal and counterfeit products.
- You will not use Sitecore for collecting information about others, including e-mail addresses, without their consent.
- You will not interfere with or disrupt the provisioning of Sitecore
- DMCA Counter-Notification Procedure. After receiving a notification of alleged infringement, Sitecore will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, Sitecore will provide the project administrator(s) of the affected project or the provider of affected material with a copy of the notice. The administrator of an affected project or the provider of affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, the administrator of an affected site or the provider of affected material must provide a written communication (by postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below. To expedite our ability to process your counter notification, please use the following format (including section numbers):
- Identify Removed Material. Identify the material that Sitecore has removed or to which Sitecore has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
- Contact Information. Provide your name, postal address, telephone number, email address, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in San Francisco, CA (if your address is outside of the United States, for any judicial district in which Sitecore may be found), and that You will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
- Statement Requirements. Include the following statement in your communication to Sitecore: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Signature. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to Sitecore.
- Contact. Send written communication to the following address:
2320 Marinship Way Sausalito, CA 94965
Phone: +1 415 380 0600
Fax: +1 415 380 0730
Attention: General Counsel
Send electronically-signed communication to email@example.com.
Upon receipt of a counter notification in substantial compliance with the DMCA, Sitecore will provide the person who provided the initial notification of claimed infringement with a copy of the counter notification promptly and Sitecore will generally replace the removed material and cease disabling access to it, unless Sitecore’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS, INCLUDING ANY STATEMENT BY A SITECORE EMPLOYEE, AFFILIATE, DIRECTOR, OFFICER, OR AGENT.
- THE DISCLAIMERS IN THIS SECTION 9 OF ANY EXPRESS OR IMPLIED WARRANTY BY SITECORE SHALL INCLUDE WITHOUT LIMITATION SITECORE’S PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS.
- Restrictions. You agree not to (a) reverse engineer or attempt to derive the source code from or create derivative works of the Site, or any portion thereof, except as expressly permitted by local law and in such case, solely upon prior written notice to Site; (b) use the Site in a greater capacity than identified on the Site; (c) sublicense, distribute or pledge the Site, (d) access, use, or copy any portion of the Site to directly or indirectly to develop, promote or support any product or service that is competitive with Sitecore, (e) lease, rent or commercially share or otherwise use the Site for purposes of providing a service bureau or providing third party hosting, application service provider type services; (f) remove any identification, patent, trademark, copyright, or other notice from the Site; (g) attempt to gain unauthorized access to the Site or the related systems or networks; (h) use any name, mark, or designation of Sitecore, or any of its affiliates or licensors or their respective products or services, unless expressly permitted herein or by Sitecore in writing;
- Our Philosophy. Sitecore respects the intellectual property rights of others, and requires that the people who use the Site do the same. It is our policy to respond promptly to claims of intellectual property misuse. Our procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office web site http://www.copyright.gov/legislation/dmca.pdf. Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any material misrepresentations when making or countering a copyright infringement claim.
- Notification Process. If You believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, You may notify Sitecore using this process:
- Identify Copyrighted Works. Identify the copyrighted work(s) claimed to have been infringed.
- Identify Claimed Infringement. Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sitecore to locate the material on the Site (e.g., URL).
- Contact Information. Provide us Your contact information such as name, postal address, telephone number, and, if available, an email address at which you may be contacted.
- Statement Requirements. Include the following statements in your communication to Sitecore: “I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law. The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Signature. A physical, electronic or digital signature, in a form reasonably acceptable to Sitecore, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Notice. Send written communication to the following contact:
Phone: +1 415 380 0600
Fax: +1 415 380 0730
Attention: Legal Department
Send electronically-signed communication to firstname.lastname@example.org.
- Trademarks. Sitecore is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, Sitecore expects you to resolve trademark disputes directly with the project administrator(s) rather than utilizing Sitecore as an intermediary.
- Termination. Sitecore may terminate access to the Site without notice at any time for any reason at Sitecore’s sole discretion. You must make sure that your use is within the usage limits prescribed by Sitecore in order to avail uninterrupted service. You understand that Sitecore may restrict an activity if you reach the Use limit corresponding to such activity.
- DISCLAIMER OF WARRANTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SITECORE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- SITECORE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, SITECORE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, SITE INTERRUPTION, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. SITECORE DOES NOT WARRANT THAT:
- THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS;
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR
- ANY ERRORS IN THE SITE WILL BE CORRECTED.
- LIMTIATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SITECORE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SITECORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SITE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
- ANY OTHER MATTER RELATING TO THE SITE.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND SHALL ONLY APPYL TO THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAW(S).
- Export Control. Sitecore’s software, services, and materials on the Site are subject to U.S. and international trade and export control laws. You agree to comply with all such laws.
- Governing Law and Process. The English version of this Agreement shall be used when interpreting and applying the provisions herein. If You reside in the U.S., You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County of California in accordance with the laws of the State of California. If You reside outside the U.S., You irrevocably consent to the exclusive jurisdiction and venue of the City Court of Copenhagen, Denmark in accordance with the laws of Denmark. This paragraph applies without reference to conflict of laws principles and excludes the UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.
- Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Sitecore reserves the right in its sole discretion to terminate the use of the Site by a user at any time.
- Additional Use Limitations. By using this Site, you agree that:
- You will not transmit or publish any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- You will not transmit or publish any content that is that is pornographic and/or obscene, unlawful, illegal, hateful, promotes racism or promotes discrimination, hatred based on ethnicity, or any dangerous or illegal activities.
- You will not transmit or publish any material that defames, abuses, harasses, stalks, threatens or otherwise violates privacy and other legal rights of others or Sitecore including any of its directors, officers, employees, affiliates or agents.
- You will not transmit or publish any content that violates any applicable local, state, national or international laws.
- You will not conduct activity bringing any Sitecore brands, trademarks, products or services into disrepute.
- Relationship of Parties. You acknowledge and agree this Site and your access or use of the Site, including submission of any User Content, shall not be construed to create any employer-employee, agency, joint venture, or partner relationship and that you are an independent third party contractor of Sitecore.