Through our website, you may have access to a variety of resources made available by us. These may from time to time include (a) software and software as a service offerings (“ Products ”); (b) interfaces, web pages, text, images, graphics, audio, sounds, music and video such as webcasts, and documents such as white papers and product data sheets (“ Materials ”); and (c) forums, discussion groups, bulletin boards, blogs and other services in connection with which you can access Content (as defined below) (“ Website Information ” and with the Products and Materials, the “ Content ”).
Your use of the Products is subject to all license agreements pursuant to which the Products are provided by Dasera. Dasera’s obligations with regard to the Products are governed solely by the license agreements, and nothing on our website should be construed to alter such license agreements.
You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“ share ”) on or through our website your content that you have the right and authority to share and for which you have the right and authority to grant to us all of the licenses and rights set forth herein. By sharing your content, you grant us a worldwide, perpetual, royalty-free, fully paid up, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute your content for any purpose and in any form, medium, or technology now known or later developed. You warrant that (a) you have the right and authority to grant this license; (b) our exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in your content have been waived to the full extent allowed by law.
You agree that you will neither use our website in a manner, nor share any content, that (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (g) you do not have the right and authority to share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, trojan horses, or other components designed to limit or harm the functionality of a computer. We may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
Each of our website users is solely responsible for any and all of its own content. Because we do not control content of the users of our website, you agree that we are not responsible for any content of our website users, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability or quality of any content of our website users. Your interactions with other website users are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any of our website users, we are under no obligation to become involved in such dispute or to resolve such dispute.
Password and Access
If our website requires you to open an account, you agree to complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of our website are restricted to authorized users only. You agree not to share your password, account information, or access to our website with any other person. You are responsible for maintaining the confidentiality of your password and account information, and you are responsible for all activities that occur through the use of your password or account or as a result of your access to our website. You agree to notify Dasera immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Dasera or any other user of or visitor to our website due to someone else using your Dasera password or account as a result of your failure to keep your password and other account information secure and confidential.
We have no obligation to monitor our website or screen its content provided by you or others. However, we reserve the right to review our website and its content and to monitor all activity on our website, and to remove or choose not to make available any content in our sole discretion without notice.
Modification of Use
We may, in our sole discretion, at any time modify, suspend or discontinue providing or limit access to, or use of, our website, any areas of our website or the Content. You agree that we shall not be liable to you or any third party for any modification, suspension, discontinuance or limitation of your access to, or use of, our website or any of the Content, including content that you may have shared.
Third Party Websites, Content, Products and Services
Our website may contain links to third party websites, and may provide access to content, products and services of third parties not affiliated with us. We are not responsible for third party content provided on or through our website or for any changes or updates to such third party websites, and you bear all risks associated with access to, and use of, such websites and third party content, products and services.
Disclaimers: OUR WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND WE, ON BEHALF OF OURSELVES, OUR AFFILIATES AND OUR LICENSORS, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE AND THE CONTENT. WE MAKE NO WARRANTY THAT (A) OUR WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS; (B) OUR WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE OR ANY OF THE CONTENT WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY OF THE CONTENT WILL MEET YOUR EXPECTATIONS. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF OUR WEBSITE IS USED AT YOUR OWN DISCRETION AND RISK AS WE CANNOT ENSURE THAT ANY DATA YOU DOWNLOAD FROM OUR WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES. WE, ON BEHALF OF OURSELVES, OUR AFFILIATES AND OUR LICENSORS, SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER NETWORK OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT. DASERA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF OUR WEBSITE AND/OR ANY DASERA PRODUCTS AND SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR WEBSITE. YOUR SOLE REMEDY AGAINST DASERA FOR DISSATISFACTION WITH OUR WEBSITE OR ANY CONTENT IS TO STOP USING OUR WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. You acknowledge and agree that we do not have any obligation to provide you with any support or maintenance in connection with our website.
Limitation of Liability
Compliance with Laws
You agree to access, download, use and export our website and the Content in compliance with all applicable laws, including laws governing technology use and transfer (e.g., U.S. Export Administration Regulations), not to use or transfer any technology or data in violation of such laws, not to allow access or use by persons or entities restricted by the United States or any other government, and not to permit our website and the Content to be used in any way that violates any applicable law.
We respect the intellectual property rights of others and expect the users of our website to do the same. We will respond to notices of claimed copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) identification of the copyrighted work claimed to have been infringed, (b) identification of 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, (c) information reasonably sufficient to permit us to locate the material, (d) your contact information, including your full name, mailing address, telephone number and, if available, email address, (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, (f) a statement that the information in the notice is accurate, (g) a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner and (h) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
We reserve the right to remove or disable access to content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances and at our sole discretion, we will also disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Our designated copyright agent for notice of alleged copyright infringement is:
350 Oakmead Parkway, Ste 200, Sunnyvale CA 94085
Governing Law; Dispute Resolution
Our Policy Toward Children
Persons who are not of the age of majority are not eligible to use our website, and we ask that no information in relation to such persons be submitted to us.
The communications between you and us use electronic means, whether you use our website or send us emails, or whether we post notices on our website or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Feedback and Information
Any suggestions, ideas, reports or other feedback you provide at our website shall be deemed to be non-confidential. We shall be free to use such feedback on an unrestricted basis without any obligation to you.
The information contained in this web site is subject to change without notice. Copyright © 2020 Dasera, Inc. All rights reserved.