Spiff Community Terms of Service

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Terms of Service for the Spiff Community. Last updated on February 18, 2022.

BY ACCESSING OR USING THE SPIFF COMMUNITY, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SPIFF COMMUNITY.

PURPOSE
The Spiff Community is a peer-to-peer and direct support channel for people using the Spiff software platform. It is a central place for education and thought leadership on best practices, where Spiff can connect with customers directly on how to improve and extend the Spiff software platform.

Although this community is designed for Spiff customers and partners and their employees, we welcome anyone with an interest in making Spiff's software work perfectly to read and benefit from public areas. We expect all to observe the rules of conduct set forth in these Terms of Service.

Please remember that any personal information you disclose in these areas becomes public information (for example, if you choose to post to the Spiff Community, your username and content of your post will appear, and if you choose to display your name in your profile, that will also appear). We are not responsible for the use of any personal information that you choose to post to our website.

CONDUCT
You may not share the login credentials to your registered account with any other individual, entity, or organization. You may not use your registration membership (or allow anyone else to use your registration membership) to post or transmit:

1. Content that is abusive, vulgar, obscene, hateful, fraudulent, or that discloses private or personal matters concerning any person. This includes language, information, or images.
2. Content that is threatening, defamatory or abusive, either between Spiff Community members or directed towards a Spiff moderator, or a Spiff employee or manager.
3. "Rants," "slams," or legal threats against Spiff or another company or competitor.
4. Bigoted, hateful, or racially offensive comments.
5. Political or religious statements or commentary.
6. Off-topic comments not related to application performance monitoring or the use of the Spiff software platform or Spiff Community.
7. Any material that you do not have the right to transmit under law (such as copyright, trade secret, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements).
8. Language that promotes illegal activity or discusses illegal activities with the intent to commit them. This includes any message that solicits or promotes the use of an illegal substance.
9. Advertising, promotional materials, or other forms of solicitation including chain letters, pyramid schemes, class action suits, or charitable appeals. This includes advertising links in signatures.
10. Any file or link to a file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer.
11. Duplicate posts, spam messages, or posts repeated excessively on one or more boards.
12. Messages designed to evade profanity or other filters.
13. Personal phone numbers or addresses (to protect privacy).
14. Personal email addresses, private information such as social security numbers, or other contact information that is not your own, including, but not limited to Spiff employees' email addresses.
15. Hyperlinks that lead to sites that violate any of Spiff's terms.
16. Any message that impersonates another person or affiliation with an entity, including, but not limited to, Spiff.

In addition, our guidelines do not permit you to:

1. Intentionally violate any other applicable law or regulation while accessing and using our site.
2. Interfere in any way with the operations in the forum or with a fellow user's message box, including but not limited to mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
3. Evade bans or suspensions or otherwise disregard directions from Spiff moderators or administrators. Spiff moderators may at any time and without prior notice remove any posted message or thread, delete words that violate these guidelines from posted messages, or ban your account for violating the above reasonable provisions. Please remember that you are responsible for all statements made and acts that occur through the use of your user name and password.

If you recognize any violation of these guidelines, please notify us by using the "Report Inappropriate Content" feature in the Options menu of the message, or by contacting us directly at community [at] spiff [dot] com.

Your use of the Spiff Community is subject to Spiff's Privacy Policy and to any existing agreement between us regarding your use of our products and services, including the Master Subscription Agreement. For more information, please check:

Privacy Policy 

MSA


COPYRIGHT INFRINGEMENT
If you believe that work belonging to you has been copied onto the Spiff Community without your permission, please notify by sending a written notification of claimed infringement to:

Spiff, Inc.
9815 South Monroe Street, Suite 500, Sandy, UT 84070
Attn: Legal Department
legal [dot] notifications [at] spiff [dot] com.

Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

USER PROFILE INFORMATION
We may refuse to grant you, and you may not use, a screen name or email address that is already being used by someone else, that impersonates another person, that belongs to another person (without that person's prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion. In consideration of your use of Spiff Community you agree that all information provided in your profile is accurate, true, current, and complete. Spiff may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.

MEMBER GENERATED CONTENT
The content found in the Spiff Community comes from a variety of sources, primarily from Spiff Community members. Spiff makes no claims or representations as to the accuracy, completeness, or truth of any material submitted or found in the discussion areas. Spiff is not liable for any website links posted within the discussion areas; website links posted in the discussion areas may link to sites not administered or under the control of Spiff and users must open such links at their own risk. Spiff is not liable for any errors or delays in the content or transmission of postings on the site. Remember that you are responsible for your own decisions to act upon the information provided by Community members. Spiff makes no guarantee of the confidentiality or privacy of any communication or information transmitted on the site, or any web-site linked to the site, or otherwise in connection with the services and Spiff will not be liable for the privacy of email addresses, registration and identification information, confidential or trade-secret information.

UNAUTHORIZED USE
If your user identification or password(s) is compromised, or if you become aware of any unauthorized use of your account or other breach of security, you are responsible for promptly notifying us. You can notify us by sending an email to privacy [at] spiff [dot] com.

AGE
You must be 18 years of age or older to access the Spiff Community.

SPIFF COMMUNITY WARRANTY DISCLAIMER. THE SPIFF COMMUNITY IS PROVIDED "AS IS". WE AND OUR SUPPLIERS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SPIFF COMMUNITY WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAKE NO WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT ON THE SPIFF COMMUNITY (INCLUDING SUBMISSIONS PROVIDED BY OTHER USERS). THE SPIFF COMMUNITY IS ACCESSED AND USED AT YOUR OWN DISCRETION AND RISK AND WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM ACCESS TO OR USE OF THE SPIFF COMMUNITY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

LIMITATION OF REMEDIES AND DAMAGES.
Consequential Damages Waiver. SPIFF AND ITS SUPPLIERS SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

Liability Cap. SPIFF AND ITS SUPPLIERS' ENTIRE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SPIFF COMMUNITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this Section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

INDEMNITY. You will defend, indemnify, and hold harmless us from and against any claim by a third party arising from or related to: (a) your use or attempted use of the Spiff Community in violation of these Terms, (b) your violation of any law or rights of any third party, or (c) any submissions you post to the Spiff Community, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights.

Governing Law; Jurisdiction. These Terms will be governed by and construed in accordance with the applicable laws of the State of Utah, USA, without giving effect to the principles of that State relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the State or Federal court in Utah, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in Utah, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. Notwithstanding the foregoing, Spiff may bring a claim for equitable relief in any court with proper jurisdiction.

GENERAL TERMS. We may provide you with notices via email or the Spiff Community, as determined by us in our discretion. Any notices you give to us under these Terms will be deemed given only when personally delivered, delivered by reputable international courier requiring signature for receipt, or three (3) business days after being deposited in the mail, first class, postage prepaid, in each case to: Spiff, Inc., 9815 South Monroe Street, Suite 500, Sandy, UT 84070, Attn: Legal Department. The parties are independent contractors, and there is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. If a court having proper authority decides that any portion of these Terms is invalid, only the part that is invalid will not apply, and the rest of these Terms will still be in effect. If we waive any of our rights under these Terms in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights, as we may decide to enforce them at a later date. These Terms are the entire agreement between the parties with respect to their subject matter and supersede any prior agreements relating to such subject matter. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction. We will not be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency. We may use the services of subcontractors and permit them to exercise the rights granted to us in order to provide the Spiff Community under these Terms.

MODIFICATIONS
Spiff reserves the right to modify these terms at any time, effective upon posting of the modified terms on the Spiff Community.