Take innovation to new heights by turning valuable community feedback about your products and services into the next big idea for your brand. Idea Zone, powered by Community Builder, allows you to setup ideas in your community in just a few hours.
Effective Date: August 22, 2016
Perficient, Inc., a Delaware corporation (“Perficient,”), is the owner of the Idea Zone Application (“Application”), which is made available via SalesForce.com, inc.’s SalesForce platform (the “Platform”).
CUSTOMER UNDERSTANDS AND AGREES THAT IT IS RESPONSIBLE FOR ENSURING THAT ALL AUTHORIZED USERS COMPLY WITH THESE TERMS OF SERVICE.
1.2. “Customer” shall refer to any person or entity who downloads the Application.
1.3. “User Content” means all content and information uploaded or otherwise submitted by You in connection Your use of the Application. User Content includes, without limitation, photographs and text (e.g., your posted ideas and the contents of discussion boards and chats that are posted by You).
1.4. “You” and “Your” shall refer to any person or entity who accesses or uses the Application, including Customers (as defined above) and Authorized Users (as defined below).
3. NO ASSURANCES. You understand that although Perficient grants the license set forth herein, no assurances are provided by Perficient that the Application does not infringe the patent or other intellectual property rights of any other person or entity. Perficient disclaims any liability to You for claims brought by any person or entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other needed intellectual property rights.
4. USE OF APPLICATION. You shall (a) review and comply with notices sent by Perficient regarding the Application, (b) use the Application in a professional manner, and (c) comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and licenses regarding Your use of the Application including, without limitation, privacy laws, intellectual property laws, and any applicable laws regarding online conduct, acceptable content, and the transmission of technical data exported from the United States or the country in which You reside.
6. NO REDISTRIBUTION OR DERIVATIVE WORKS. You may not under any circumstances (and You agree that You will not) reproduce, alter, modify, create derivative works of, publish, broadcast, transmit, distribute, perform, display, sell, re-brand, publicly display or otherwise transfer the Application (excluding Your User Content).
7. USER INFORMATION, CONTENT AND COMMUNICATIONS.
7.1. Information Provided. If You provide any information to Perficient, You agree to (a) provide only true, accurate, current and complete information and (b) keep such information updated.
7.2. User Content. You agree not to post any information or use the Application in any manner that is: (a) for any unlawful purpose or for any business activities related to any form of gambling, prostitution or pornography or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or that would otherwise violate any law, or contractual or fiduciary relationship, (b) discriminatory, harmful, threatening, violent, indecent, inflammatory, pornographic, profane, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, inappropriate, or otherwise objectionable, or (c) that contains any unauthorized solicitations, advertisements, marketing or promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”
7.4. No Liability for Use of User Content. Any User Content that You post in connection with Your use of the Application may be seen and used by others. If You do not wish to disclose any User Content to others, and/or do not want others to use and/or disclose such User Content, do not post it in connection with Your use of the Application. PERFICIENT IS NOT RESPONSIBLE FOR ANOTHER’S USE, MISUSE AND/OR DISCLOSURE OF ANY USER CONTENT.
8. INTELLECTUAL PROPERTY.
8.2. Third Party Software Components. The Application may contain both third-party software and/or materials and open source software (collectively, “Third-Party Software Components”) as part of the Software and You agree to its inclusion and will comply with any applicable end user license agreements (“Third-Party EULAs”). You acknowledge that Your use of any open source software shall be governed by and subject to the open source software license applicable to such open source software.
8.4. Attribution. In connection with Your use of the Application, You must retain any and all notices, including but not limited to copyright or trademark notices, as well as any notices of licensing.
10. DISCLAIMER OF WARRANTIES. The Application is not supported under any Perficient standard support program or service. The Application (including all Third-Party Software Components) is provided on an “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE” basis. PERFICIENT MAKES NO REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE APPLICATION, INCLUDING ALL THIRD-PARTY SOFTWARE COMPONENTS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT PERFICIENT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), AND PERFICIENT HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, (B) ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR PERFORMANCE OF THE APPLICATION OR ANY FEATURE THEREOF INCLUDING, WITHOUT LIMITATION, ANY COMMUNICATIONS SENT REGARDING THE APPLICATION, (C) ANY REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE APPLICATION SHALL MEET YOUR REQUIREMENTS, OR IS, OR SHALL BE, UNINTERRUPTED OR ERROR FREE, AND (D) ANY REPRESENTATIONS OR WARRANTIES AS TO WHETHER ANY DEFECTS IN THE APPLICATION WILL BE CORRECTED. PERFICIENT FURTHER DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS OF TITLE AND NON INFRINGEMENT WITH RESPECT TO THE APPLICATION AND ALL THIRD-PARTY SOFTWARE COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
11. DISCLAIMER OF LIABILITY. The entire risk arising out of the use or performance of the Application remains with You. In no event shall Perficient be liable for any consequential, indirect, incidental, special, exemplary, or punitive damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss arising out of the use of or inability to use the Application, even if advised of the possibility of such damages. In no event shall Perficient’s total liability to you for any damages arising out of or in any way connected with the Terms of Service or the Application, whether for breach of contract, in tort or otherwise, exceed ten dollars ($10).WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PERFICIENT HAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS INCLUDING THOSE RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
14. MODIFICATIONS TO THE APPLICATION. For the avoidance of doubt, Perficient may modify, suspend, discontinue and/or restrict the use of all or any portion of the Application at any time for any reason (or for no reason) and without notice or liability.
15. GENERAL PROVISIONS.