SEISMIC MICROSITE
Terms & Conditions
SEISMIC MICROSITE USER AGREEMENT
This Agreement (“Agreement”) is between Seismic Software, Inc., (“Seismic,” “we”) and the User (“User”). By clicking “Accept” button or entering information to access the Microsite the User hereby agrees and consents to be bound by this Agreement. If the User does not agree to this Agreement, the button indicating non-acceptance must be selected and Seismic will promptly cancel access to the Microsite. In consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
ACCESS TO THE MICROSITE. Seismic has an offering to Client(s) (“Client”) to create individual Microsites (“Microsite”) to interact with Users. User agree that Seismic owns all right, title, and interest in and to the Microsite and all intellectual property rights related thereto, including without limitation all related written materials and associated documentation (“Documentation”). All rights not expressly granted herein are reserved and retained by Seismic and its suppliers and/or licensors. User also acknowledges that all information relating to the Microsite is owned by the Client and that all information uploaded or entered into the Microsite by User will be accessible to the Client.
USER CONTENT. During the term of the Agreement, User may use the Microsite to upload, display, manage, or otherwise use certain information or content provided by User (“Content”). Under no circumstances will Seismic be liable to User in any way for any Content, including, but not limited to, any loss or damage of any kind to the Content. User hereby represent and warrant that all Content will not infringe any right of any third party (including without limitation intellectual property rights), and that User possess all rights necessary to use such Content in connection with the Microsite. User will indemnify and hold Seismic, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of User breach of the previous sentence. Seismic reserves the right to remove any Content from the Microsite at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
RESTRICTIONS. User warrant, represent and agree that User will not (and will not allow any third party or User (as defined below) to): (i) decompile, reverse engineer, or otherwise attempt to obtain the source code of the Microsite; (ii) provide, lease, lend, license, sublicense, sell, or use the Microsite for timesharing or service bureau purposes, or otherwise use or allow others to use the Microsite for the benefit of any third party; (iii) use the Microsite in any manner that violates any law, statute, ordinance or regulation (including without limitation any export control laws or regulations administered by the U.S. Commerce Department, OFAC, or any other U.S. or foreign government agency); (iv) copy, modify, or create derivative works of the Microsite or the Documentation; (v) alter or remove any copyright, trademark, or other proprietary notice from the Microsite, the Documentation, or any portion thereof; (v) use the Microsite in any manner that violates the security of any computer network, including without limitation by using the Microsite to transmit a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; and (vi) use any device, software or routine to interfere or attempt to interfere with the proper working of the Microsite or any other person or entity’s use of the Microsite.
USER WARRANTY DISCLAIMER. User warrants that (a) User is over the age of eighteen and has the power and authority to enter into these Agreement; (b) all information provided by User to the Microsite is truthful, accurate and complete; (c) User shall comply with all the Agreement of these Terms and Cond; and € User has provided and will provide accurate and complete registration information, including, without limitation, User’s legal name, email address and LinkedIn information.
User can choose to enter their LinkedIn credentials into the LinkedIn Credential screen which is provided by LinkedIn. User grants Seismic or its Client permission to access User LinkedIn account for interoperation with Microsites. User irrevocably waives any claim against Seismic with respect to such interoperation with LinkedIn. Seismic is not liable for any damage or loss caused or alleged to be caused by or in connection with Client’s enablement, access or use of User LinkedIn account, or User’s reliance on the privacy practices, data security processes or other policies of LinkedIn.SEISMIC WARRANTY DISCLAIMER. THE MICORSITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE MICROSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
PRIVACY POLICY. For information regarding Seismic’s treatment of personally identifiable information (including without limitation User Content), please review Seismic’s current Privacy Policy at www.seismic.com/privacypolicy, as such policy may be changed from time to time, which is incorporated herein by reference. User acceptance of this Agreement constitutes User acceptance and agrees to be bound by Seismic’s Privacy Policy. It is User responsibility to ensure that User understand the terms of the Privacy Policy, so User should periodically check the current version of the Privacy Policy for changes.
LIMITATION OF LIABILITY. IN NO EVENT SHALL SEISMIC OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE MICROSITE, THE DOCUMENTATION, OR THE SUBJECT MATTER OF THESE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100 (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND SEISMIC’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TERM AND TERMINATION. This Agreement shall remain in full force and effect while User uses the Microsite. Seismic may terminate or suspend User access to the Microsite at any time, without notice, if User breach any of the terms or conditions of this Agreement. Upon expiration or earlier termination of this Agreement, User’s right to use the Microsite will immediately cease.
MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Seismic shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Seismic’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Seismic’s prior written consent. Seismic may transfer, assign or delegate this Agreement and its rights and obligations hereunder without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User do not have any authority of any kind to bind Seismic in any respect whatsoever.
ARBITRATION; GOVERNING LAW. This Agreement and any dispute arising out of or in connection with these Agreement shall be governed by the laws of the State of California without regard to its conflicts of law provisions. For all purposes of these Agreement, the Parties consent to exclusive jurisdiction and venue in the State of California, San Diego County.