Terms of Service Ian Tien
Terms of Service
The below are the Conditions of Use (End Users) for Mattermost, the software that powers the online service you are using, not for the service itself.
Mattermost Conditions of Use (End Users)
This instance of the Mattermost platform is provided to you for your use by a third party entity who is not Mattermost, Inc. Mattermost, Inc. owns some of the intellectual property required for use of the Mattermost platform, and as such, the third party has agreed that your use of our IP is allowed only if you agree and comply with the following terms and conditions.
Your promise to comply with these conditions in exchange for access to the Mattermost IP via the Mattermost platform provided by a third party entity are an Agreement by and between you and Mattermost, Inc. (the “Agreement”).
If you do not agree to these conditions, you may not use the Mattermost platform.
1. Your Mattermost Account
You may not use your Account in violation of any law or policies instituted by the entity providing you access to this Service.
2. Responsibility of Contributors
If you choose to make content available on the Mattermost platform (“Content”), you must ensure that the following is true:
– the downloading, copying and use of the 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 employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
– you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
– the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
– the 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 Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
– your 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;
– your 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 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 Mattermost or otherwise.
3. Intellectual Property
Your use of the Mattermost platform does not transfer from Mattermost to you any Mattermost or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mattermost. Mattermost, mattermost.com, the mattermost.com logo, and all other trademarks, service marks, graphics and logos used in connection with mattermost.com, or the Mattermost platform are trademarks or registered trademarks of Mattermost or Mattermost’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Platform may be the trademarks of other third parties.
4. Disclaimer of Warranties
THE MATTERMOST PLATFORM IS PROVIDED “AS IS.” MATTERMOST AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER MATTERMOST NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE MATTERMOST PLATFORM WILL BE ERROR FREE OR THAT SERVICES USING IT WILL BE CONTINUOUS OR UNINTERRUPTED.
5. Limitation of Liability
IN NO EVENT WILL MATTERMOST, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE TO YOU UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) ANY AMOUNTS IN EXCESS OF $50 USD.
You agree to indemnify and hold harmless Mattermost, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Mattermost platform, including but not limited to your violation of this Agreement.
7. This Agreement constitutes the entire agreement between Mattermost and you concerning you use of the Mattermost platform provided by a third party. Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by one arbitrator appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.