THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE ACQUIA WEB SITE AND THE SERVICES AVAILABLE ON THIS WEB SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND ACQUIA, INC. (“WE” “US” OR “ACQUIA”) AND GOVERN YOUR ACCESS TO AND USE OF THE ACQUIA WEB SITE LOCATED AT: ACQUIA.COM (THE “SITE”). YOUR USE OF ACQUIA’S SITE AND THE RELATED SERVICES ARE SUBJECT TO THESE TERMS. BY USING THE SITE, OR THE SERVICES PROVIDED THEREON, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE AND/OR THE SERVICES. YOU AGREE THAT INSTALLATION OR USE OF THE SERVICES AND/OR USE OF THE SITE SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. ACQUIA MAY MAKE CHANGES TO THE SITE AND/OR SERVICES OFFERED ON THE SITE, AND ACQUIA CAN CHANGE THESE TERMS AT ANY TIME, AND ACQUIA WILL POST NOTICE OF THE CHANGES AND THE UPDATED TERMS ON THE SITE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS POSTED ON THE SITE PERIODICALLY FOR UPDATES AND CHANGES.
This Site is the appropriate website to discuss and make comments and suggestions for Acquia products and services but not to discuss and make comments and suggestions about Drupal technology in general. Therefore, please do not post any comments and suggestions about Drupal technology in general to this Site. Acquia has the right to use any information, comments, ideas and/or suggestions that you post to any area of the Site or include in any e-mail to Acquia for any purpose and on an unrestricted basis, so if you are concerned about protecting your intellectual property rights that may be embodied in any of the forgoing, do not post them on any area of the Site or include them in any e-mail you send to Acquia. Please also see the Postings and Submissions section below.
General Use Restrictions.
Acquia provides content and other services through the Site. Certain information, documents, products and services provided on and through the Site, including content, trademarks, logos, graphics and images that are not Submissions or Postings (both as defined below) (together, the “Materials”) are provided to you by Acquia and are the copyrighted work of Acquia or Acquia’s contributors. In addition, Acquia may make software products available to you on the Site for download (the “Software”) and related services thereto (the “Services”). Your use of the Software is governed by the terms of the GNU General Public License, Version 2 or later. More information on Drupal licensing can be accessed here: http://drupal.org/licensing/faq.
During the term of these Terms, Acquia grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the Services and the Site solely for your personal use if you are an individual and solely for your business use if you are an organization or agent of your organization. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site, any Materials on any legal basis.
Password Restricted Areas of the Site.
You will need a password to login to the Site and use certain functions and areas within the Site (“Restricted Areas”). If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify Acquia if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify Acquia of any unauthorized use of your account or any other breach of security in relation to the Site known to you. You will not use other members’ contact information gathered from Restricted Areas of the Site for commercial purposes and agree not to provide any other member’s contact information to any third party that is not a registered member of Acquia.
You acknowledge that Acquia reserves the right to institute charges for certain Services and to change its fees and/or fee structures from time to time in its discretion, and Acquia shall post notice of such changes on the Site. You agree that your continued use of all or part of the Site will be subject to your agreement to pay any applicable fees.
By using all or part of this Site, you consent to receiving electronic communications from Acquia and its partners and affiliates. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and Services. These electronic communications are part of your relationship with Acquia and you receive them as part of your use of the Site and/or our services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Third Party Content.
Certain information and content that may be provided by third party licensors and suppliers to Acquia (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. ACQUIA DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Links to Third Party Sites.
This Site may be linked to other sites that are not Acquia sites. Acquia is providing these links to you only as a convenience, and Acquia is not responsible for the content or links displayed on such sites.
Postings and Submissions
Notwithstanding the foregoing terms relating to your Posting(s), to the extent that you submit to Acquia any ideas, content, suggestions, information or feedback concerning the Materials and/or Services, including, but not limited to, content that you submit via e-mail or through a Posting (each, a “Submission”), such Submissions will be the sole and exclusive property of Acquia. You hereby assign, transfer and convey to Acquia, its successors, assigns, agents, and licensees, all worldwide right, title and interest in and to all intellectual property rights in the Submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, all contract and licensing rights, and all claims and causes of action with respect to any of the foregoing, whether now known or hereafter to become known. You represent and warrant that (i) you are the sole owner of any intellectual property rights in the Submissions you provide to Acquia; (ii) you have the full and exclusive right to convey the entire interest in and to the Submissions; and (iii) to the best of your knowledge, the Submissions do not infringe any copyright, trade secret, patent or other intellectual property right. You covenant and agree to cooperate with Acquia to enable Acquia to obtain, sustain, enforce and enjoy to the fullest extent all right, title and interest herein conveyed.
Acquia asks that you respect our on-line community and other individuals. When submitting Postings to or otherwise using the Site and/or the Services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Impersonate or represent Acquia, our staff or other industry professionals.
- Solicit a member’s password or other account information.
- Harvest user names, addresses, or email addresses for any purpose other than to conduct Acquia business.
- Use racially, ethnically, or otherwise offensive language.
- Incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
This list of prohibitions provides examples and is not complete or exclusive. Acquia reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the Services) and (b) refuse, delete or remove any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Acquia determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Acquia may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Acquia’s discretion, Acquia will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require Acquia to monitor, police or remove any Postings or other information submitted by you or any other user.
Postings and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You shall indemnify and hold Acquia and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) Acquia or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
Acquia is a trademark of Acquia in the United States. All other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified, all information and screens appearing on this Site, including documents, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of Acquia, Copyright © 2007-2008 Acquia, Inc. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Copyright and Trademark Infringements.
Acquia respects the intellectual property rights of others, and we ask you to do the same. Acquia may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Acquia’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 at the Site, and information reasonably sufficient to permit Acquia to locate the material.
- Information reasonably sufficient to permit Acquia to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Acquia’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
25 Corporate Drive 4th Floor
Burlington, MA 01803
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Disclaimer of Warranties.
Your use of this Site and any Services is at your own risk. Neither the Materials, Postings nor the Third Party Content have been verified or authenticated in whole or in part by Acquia, and they may include inaccuracies or typographical errors. Acquia does not warrant the accuracy of timeliness of the Materials, Postings or the Third Party Content contained on this Site. Acquia has no liability for any errors or omissions in the Materials, Postings and/or the Third Party Content, whether provided by Acquia or our licensors.
ACQUIA, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, SERVICES OR ANY MATERIALS, POSTINGS OR THIRD PARTY CONTENT OR RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, POSTINGS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, MATERIALS, POSTINGS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ACQUIA DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
ACQUIA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL, POSTINGS OR THIRD PARTY CONTENT ON THE SITE OR YOUR USE OR INABILITY TO USE THE SITE OR SERVICES. IN NO EVENT SHALL ACQUIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ACQUIA KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Limitation on Damages.
IN NO EVENT SHALL ACQUIA’S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS (USD $500).
Local Laws; Export Control.
Acquia controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
Acquia prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms, as determined by Acquia, will result in termination of your access to the Site or Restricted Areas. Acquia has the right to terminate any password-restricted account for any reason. Acquia will provide you with notice of the termination of your account. Massachusetts law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the state and federal courts located in the Commonwealth of Massachusetts. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Acquia’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and Acquia and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and Acquia about the Site. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.