Welcome to our online community platform (the "Platform")!
These Terms apply no matter how you access the Platform, whether on our website, via our mobile applications, or through other means. If you are accessing or using the Platform on behalf of your company, you represent that you are authorized to accept these Terms on behalf of your company, and all references to "you" reference your company. As used in these terms, "Commvault," "we" and "us" refer to Commvault Systems, Inc. and its affiliates ("Commvault").
For the avoidance of doubt, use and provisioning of Commvault Products are subject to separate terms, such as our End User License and Limited Warranty Agreement, and these Terms do not apply to use of or access to the Commvault Products.
From time to time, we may modify these Terms. Unless we specify otherwise, changes become effective upon our posting of the updated Terms, and the updated Terms will apply to all use of the Platform after they are posted. We will use reasonable efforts to notify you of the changes through communications via the Platform, email or other means.
BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR ACCESSING OR USING THE PLATFORM, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE PLATFORM. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THESE TERMS ARE LEGALLY BINDING UPON IT.
USE OF THE PLATFORM. You are free to use the Platform, but only for your non-commercial purposes. You may be required to set up an account to access and post on the Platform. If so, you have complete responsibility for your account and everything that happens on your account, including if somebody accesses your account without your permission. You have the right to delete your account and any Submissions, as defined below. You understand and agree that if you choose to exercise such right, it will not apply retroactively. We reserve the right to change, add to, or disable the Platform or any part thereof at any time, and Commvault and its vendors will not be responsible for any changes to or lack of availability of the Platform.
SUBMISSIONS. You are solely responsible for any Content or Contributions you Submit through the Platform (in each case, as defined below) ("Submissions"):
"Content" shall mean any text, information, data, graphics, messages, sounds, videos, content, or other materials you post to the Platform.
"Submit" or "Submitted" means any form of electronic, verbal or written communication sent to Commvault or its representatives, including by posting on the Platform, and also including but not limited to communication on electronic mailing lists and issue tracking systems that are managed by, or on behalf of, Commvault, but excluding communications that are conspicuously marked or otherwise designated in writing by you as "Not a Contribution."
"Work" shall mean any of the products, projects or documentation owned or managed by Commvault.
By posting a Submission, you do not lose any ownership rights you may have to it. However, you do grant us certain licenses, as set forth below.
SUBMISSION LICENSE GRANTS.
Content License. By posting any Content, you grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your Content in connection with the Platform and our business (including without limitation for our marketing and publicity purposes). You also agree to us and other users sharing and using your Content as set forth in these Terms. You understand that once you post your Content, your Content becomes public and can be seen by Commvault and any users of the forum, and we are not responsible for keeping it confidential.
PLATFORM USE AND RESTRICTIONS.
We Are Not Responsible for Submissions.
COMMVAULT IS NOT RESPONSIBLE FOR USER CONTENT OR THE ACCURACY OF ANY USER CONTENT POSTED. PARTICIPANTS SHALL REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT THEY POST. USER CONTENT DOES NOT REPRESENT THE VIEWS OR OPINIONS OF COMMVAULT. COMMVAULT DOES NOT GUARANTEE THAT ANY USER CONTENT IS CORRECT OR ACCURATE AND COMMVAULT DOES NOT ENDORSE ANY USER CONTENT OR SUBMISSIONS.
We Can Moderate the Platform. We generally do not monitor or review any Submissions on the Platform, but we reserve the right to do so, in our discretion. We are not responsible for what a user posts on the Platform, and postings do not necessarily represent Commvault’s opinions or positions.
We May Remove Submissions at Any Time. We reserve the right to remove any Submissions at any time, for any or no reason, with or without notice to you. We do not promise to store or make available on the Platform any Submissions that you post, or any other content, for any length of time. You are solely responsible for keeping back-ups of everything you post on the Platform.
Sharing Submissions on Social Platforms. The Platform supports sharing Submissions on social media platforms such as Facebook, Twitter and LinkedIn ("Social Platforms"). You understand and agree that other users (or Commvault) may share your Submissions on Social Platforms. You may share other users' Submissions on Social Platforms, as long as you include a link to the Platform in your post[LS1] .
USER REPRESENTATIONS AND WARRANTIES.
Representations. You represent that (a) you are legally entitled to grant the above licenses as set forth herein; (b) if you are Submitting as an individual, and if your employer(s) has rights to intellectual property that you create that includes your Submissions, you represent that you have received permission to make Submissions on behalf of that employer, that your employer has waived such rights for your Submissions to Commvault, or that your employer has executed a separate agreement with Commvault granting such rights and/or waivers; and (c) your Submissions are your original creation and/or you have all necessary third-party license rights or other permissions to post the Content.
PLATFORM GUIDELINES. In addition to the restrictions in our Acceptable Use Policy, you agree that you will not do any of the following:
- Post confidential or propriety information unless you do so in accordance with applicable contracts or the consent of the third party;
- Violate any copyright, fair use, and financial disclosure laws. Do not post images or marks unless you own the exclusive rights to display the imagery or mark in this context. By posting images or marks, you represent and warrant that you attained consent to display and use the image or mark in the general public.
- Abuse common courtesy when posting content. Refrain from abusive, obscene, or offensive language, images, or links. Do not post: "rants," "slams" or legal threats against another user or another company or competitor; political or religious statements or commentary; or off-topic comments not related to enterprise communities or Commvault Products. Do not evade bans or suspensions or otherwise disregard directions from Platform moderators or administrators.
- Post hyperlinks that lead to sites that violate any of these Terms;
- Interfere in any way with the operations in the Platform or with a fellow Platform 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.
The Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws and Commvault and its suppliers retain all right, title and interest in and to the Platform and content that is included in the Platform (other than Submissions). If you give feedback on the Platform, we have the right to use the feedback in any way. We reserve all rights in and to the Platform unless we expressly state otherwise. We will own any changes or updates (excluding Submissions). In addition to the use restrictions in our Acceptable Use Policy and any other Terms contained herein, you may not copy, enclose or otherwise sell, distribute, transmit or broadcast any part of the Platform (including Submissions posted by other users of the Platform, except as permitted herein).
All brand, product and service images, logos and names used in the Platform that identify Commvault or our suppliers and our or their proprietary products and services are the trademarks or service marks of Commvault or our suppliers. Nothing in these Terms shall be deemed to confer on any person any license or right on the part of Commvault or such supplier with respect to any such image, logo or name. Your use of the Platform is subject to our copyright and trademark information[LS2] .
We may ask you to provide or collect the following personal information from you:
- Contact information, including your name, email address, country, and company.
- Biographical information that you may provide in your profile, including your biography, interests, and photo.
- Information regarding your use of the site, such as contributions that you have made such as blog posts, articles, and comments.
We may use this information to do any of the following:
- Provide the functionality of the site or applications on it or associated with it to you or provide recommendations or increased personalization to you.
- Contact you regarding your use of the site or submissions that you have made.
- Manage relationships with you and our customers.
- Aid in security and problem determination for the site.
- Should you opt-in, to contact you and keep you informed of items or events on the Platform or about products or services that you may be interested in.
- Identify content that you have contributed to the site (i.e., blog posts, forum posts, etc.) as being from you.
Information that you provide as part of your profile will be publicly visible. You can edit or delete any information that you provide as part of your profile.
Any content that you contribute to the Platform (i.e., blog posts, forum posts, etc.) will be published with either your display name or name with a link to your profile.
We will retain information associated with your profile for as long as it is required for the operation of the site or required to maintain the integrity of content on the site. We may remove content at any time for any reason, including to maintain the integrity of the site content, for relevancy purposes, or because the content violates the site policies.
You may find more details on our processing of your personal information in our Privacy Statement.
SUPPORT. If you have any support inquiries or wish to provide any feedback on the Platform, please do so directly in the "Feedback Forum" within the Platform.
NO COMMITMENT AS TO FUTURE DIRECTION.
References in content on the Platform to our products, software, programs, services or associated technologies (“Commvault Products") do not imply that they are or will be available in all countries in which we operate. Our Products, including any plans contained in content, may change at any time in our sole discretion, based on market opportunities or other factors, and is not intended to be a commitment to future content, including product or feature availability, in any way. Statements regarding our future direction or intent are subject to change or withdrawal without notice and represent goals and objectives only.
We may terminate or suspend these Terms or your access to the Platform at any time, without or without cause, and with or without notice to you. Upon any suspension or termination of these Terms, we may delete your account, passwords and Submissions and we may bar you from further use of the Platform. You understand that we may also continue to make your Submissions available on the Platform, or elsewhere as permitted under this Terms, even if your use of the Platform is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, Submissions or access to the Platform. Except where an exclusive remedy is specified, the exercise of either party of any remedy under these Terms, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise. The following provisions will survive any termination of these Terms: Submissions, Submission License Grants, User Representations and Warranties, User Privacy, Proprietary Rights, Termination, Platform Warranty Disclaimer, Limitation of Remedies and Damages, Indemnity, Governing Law, and General Terms.
PLATFORM WARRANTY DISCLAIMER. THE PLATFORM 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 PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAKE NO WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT ON THE PLATFORM (INCLUDING SUBMISSIONS PROVIDED BY OTHER USERS), AND SUBMISSIONS DO NOT NECESSARILY REPRESENT OUR OPINION OR VIEWPOINT. THE PLATFORM 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 PLATFORM. 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. COMMVAULT 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. COMMVAULT'S AND ITS SUPPLIERS' ENTIRE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE PLATFORM SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $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.
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 Platform 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 Platform, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights.
GOVERNING LAW; JURISDICTION.
Injunctive Relief; Enforcement. Nothing in these Terms shall prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
If you are a Commvault employee, you will also be subject to certain additional policies and procedures, including, without limitation, the Code of Conduct and your confidentiality obligations.
We may provide you with notices via email or the Platform, 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: Commvault Systems, Inc., 1 Commvault Way, Tinton Falls, NJ 07724, Attn: General Counsel. 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. Except as set forth herein, all amendments to these Terms must be in writing and signed by both parties. 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 won't 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 Platform under these Terms.