Welcome to the AppDynamics Community. By accessing or using any part of the site, including the Idea Exchange (collectively, the “Community”), you agree that you are subject to and will comply with these Terms of Use, as we may update them from time to time.
This Agreement is between you and AppDynamics LLC, a Delaware limited liability company located at 500 Terry A Francois Blvd, Third Floor, San Francisco, CA 94158, USA.
These Terms of Use were last updated on August 12, 2021.
Contents
- Definitions
- Your Profile and Account
- Membership Eligibility and Benefits
- Your Responsibilities
- Account Termination by AppDynamics
- No Warranty
- No Damages
- Indemnity
- Proprietary Rights and Privacy
- Idea Exchange Safe Harbor and Confidentiality Statement
- Third Party Links
- Removal of Material Under U.S. Digital Millennium Copyright Act
- Enforcement
- Severability
- Miscellaneous
1. DEFINITIONS
“Agreement” or “Terms” refers to these AppDynamics Community Terms of Use in their entirety.
“AppDynamics”, “we,” “our” or “us” means AppDynamics LLC, its affiliates and subsidiaries. “You” or “your” means you as an individual, and any company or organization for whom you are using the AppDynamics Community.
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2. YOUR PROFILE AND ACCOUNT
Your username, first name, and last name may be publicly displayed on your private community account, at your discretion. You agree that all information you submit to any Community page, including to profile pages, is accurate and that you will keep it current. If we have grounds to suspect that your information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your use of your Community account.
It is your responsibility to maintain the confidentiality of any password associated with your use of the Community.
You agree that we may send you information and notices regarding the Community and your account, by email, text messaging, private message, or other means based on the information you provide to us.
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3. MEMBERSHIP ELIGIBILITY AND BENEFITS
You must be 18 years or older to participate in the Community. Membership benefits are provided at AppDynamics’ sole discretion and may be modified or canceled at any time. The products and services provided under the Community are subject to availability, offered at AppDynamics’ discretion, and for your personal use only. Users may not sell or resell any such products or services. Violation of this term may result in termination of your account.
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4. YOUR RESPONSIBILITIES
You shall:
- Treat other AppDynamics Community users with courtesy and respect;
- Be responsible for your compliance with these Terms and all activities occurring within or from your Community account;
- Use commercially reasonable efforts to prevent unauthorized access to or use of the Community, and notify AppDynamics promptly of any such unauthorized access or use; and
- Use the Community only in accordance with these Terms, for its intended purpose and in compliance with all applicable laws and government regulations.
You shall not:
- Impersonate any other person;
- Falsely say or imply that you are associated with us, another person, or entity;
- Submit content in exchange for payment or other consideration from another person or entity;
- Make the Community available to anyone else, including sell, re-sell, rent or lease the Community;
- Make use of the Community to send unsolicited commercial messages;
- Violate any anti-spam or similar law;
- Use the Community to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
- Use the Community to store or transmit malicious code or malware, or to engage in phishing or other fraudulent activity;
- Interfere with or disrupt the integrity or performance of the Community or any data contained therein;
- Attempt to gain unauthorized access to the Community, or AppDynamics’ systems or networks;
- Scrape, data extract or data mine, or any related activity, from the Community, or otherwise collect information about other Community users without their consent; or
- Submit or link to any content (including any name or user ID you use in the AppDynamics Community) that:
- Infringes or violates the intellectual property or other rights of any person or entity;
- Is subject to any confidentiality obligations with your employer;
- Contains sensitive or proprietary information;
- Intentionally interferes with the operation of the AppDynamics Community;
- Violates anyone’s privacy or publicity rights or otherwise violates the AppDynamics Privacy Policy set forth at: https://www.appdynamics.com/privacy-policy/ (“Privacy Policy”);
- Breaches any duty of confidentiality that you owe to anyone;
- Provides any nonpublic information about us or any other company or person without authorization (including the names and contact information for our employees or AppDynamics Community users);
- Is, in our sole discretion, vulgar, offensive, inappropriate, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable; or that we reject for any other reason in our sole discretion;
- Contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware; or
- Contains false or deceptive language, unsubstantiated or comparative claims regarding our or others’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits.
Please remember that you may be providing content for an international audience. Things that do not seem abusive, obscene, or offensive to you might seem so to others.
You are solely responsible for compliance with your employer’s policies and requirements. Furthermore, you are responsible for compliance with any regulatory or legal requirement you may be subject to as a result of your employment, residence, or role within an organization.
Use of the Community is at your sole risk. We may modify the functionality of the Community and its interface at any time at our sole discretion, and such modifications may result in a loss of data associated with that functionality. We also reserve the right, in our sole discretion and without cause at any time, and without notice to you, to remove, or refuse to post any content submitted or posted by you to the Community.
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5. ACCOUNT TERMINATION BY APPDYNAMICS
AppDynamics reserves the right to audit user accounts at any time. We may suspend or terminate your access to the Community immediately without any liability, upon notice, if, in our sole judgment, you have violated these Terms. We may also suspend or terminate your use of the Community, or condition your continued use on additional terms. If your continued use, in our sole judgment, poses an undue or disproportionate burden on the Community or our networks, or if your activity on the Community is disruptive or detrimental to other users or the security of the Community, your account may be cancelled. Your employer may be notified and you may be banned from future participation in the Community and other AppDynamics events or AppDynamics assets.
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6. NO WARRANTY
THE COMMUNITY IS PROVIDED “AS IS,” EXCLUSIVE OF ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CONTENT POSTED BY ANYONE OTHER THAN US ON THE COMMUNITY IS THE SOLE RESPONSIBILITY OF THE ORIGINATOR OF THAT CONTENT. WE ARE NOT RESPONSIBLE FOR ANY CONTENT POSTED BY YOU OR ANY THIRD PARTY, WHETHER OR NOT WE REVIEWED OR MODERATED SUCH CONTENT. CONTENT POSTED BY US ON THE COMMUNITY IS NOT PART OF ANY USER GUIDE OR LEGAL AGREEMENT. ALL SUCH AFOREMENTIONED CONTENT IS PROVIDED “AS IS”, AND WE DO NOT MAKE ANY REPRESENTATION AS TO ITS QUALITY OR ACCURACY, AND WE SPECIFICALLY DISCLAIM THE ACCURACY, COMPLETENESS, RELIABILITY, USEFULNESS, NONINFRINGEMENT, QUALITY OR ORIGINALITY OF SUCH CONTENT. WE DISCLAIM ANY RESPONSIBILITY WHATSOEVER FOR ANY CONTENT OR MATERIAL ON THE COMMUNITY REGARDLESS OF WHO ORIGINATED THAT CONTENT (INCLUDING OUR EMPLOYEES, PARTNERS, AFFILIATES OR MODERATORS).
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7. NO DAMAGES
You agree that you bear all risks associated with using or relying upon content on the Community. IN NO EVENT SHALL WE HAVE ANY LIABILITY HEREUNDER TO YOU FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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8. INDEMNITY
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, and employees harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from: (i) your breach of these Terms or (ii) any claim made by any third party arising out of content you submit to or post on the Community and your activity on the Community, including, but not limited to, your violation of these Terms and your violation of any rights of a third party.
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9. PROPRIETARY RIGHTS AND PRIVACY
You grant to us a perpetual, worldwide, fully paid up, sublicensible right and license to use, copy, modify, publish, republish, distribute and create derivative works based on, in any form, and otherwise exploit, any content or material you contribute to the Community for any purpose. Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to all intellectual property rights in the Community, including but not limited to its user interface, branding, content, ideas, and underlying technology. No rights are granted to you hereunder other than as expressly set forth herein.
By registering for the Community, you agree that we may use your email address to send event information, updates and survey evaluations.
Subject to the above, we will treat your personal information submitted to the Community in accordance with our Privacy Policy.
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10. IDEA EXCHANGE SAFE HARBOR AND CONFIDENTIALITY STATEMENT
Any discussions of product ideas by AppDynamics, roadmaps, demonstration of functionality, and/or user research discussion on the Idea Exchange (collectively "Idea Exchange Materials"), is the confidential information of AppDynamics and the recipient shall not disclose the Idea Exchange Materials to any third party. AppDynamics reserves the right to change the Idea Exchange Materials at any time, for any reason and without notice or compensation to the recipient. Idea Exchange Materials are not a guarantee of future product features and should not be relied upon as such. Actual product results may vary from forward-looking statements due to changes in AppDynamics and customer technologies, factors related to the economy and target markets, acquisitions of other companies, the hiring and termination of personnel and other factors.
Please note that Idea Exchange submissions are reviewed in good faith and will be evaluated in accordance with relevant business, product, and other strategic factors when deciding whether to move a submission forward in the Idea Exchange process. Idea Exchange guidelines can be reviewed here.
Please note that Idea Exchange submissions are reviewed in good faith and will be evaluated in accordance with relevant business, product, and other strategic factors when deciding whether to move a submission forward in the Idea Exchange process. Idea Exchange guidelines can be reviewed here.
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11. THIRD PARTY LINKS
The Community may contain links to third party sites; such linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to remove any links at any time. AppDynamics does not endorse the companies or products to which it links and reserves the right to note such on its web pages. If you decide to access any of the third party sites linked you do so entirely at your own risk.
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12. REMOVAL OF MATERIAL UNDER U.S. DIGITAL MILLENNIUM COPYRIGHT ACT
If you wish to submit an allegation of infringement under the U.S. Digital Millennium Copyright Act of 1998 (DMCA), please contact us at legal@appdynamics.com. If we receive a notice alleging that material or content you posted on the Community infringes another party’s copyright, we may remove that material in accordance with Title II of the DMCA (Section 512 of the U.S. Copyright Act).
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13. ENFORCEMENT
We generally do not prescreen, verify, edit, monitor or moderate the content posted by users but may do so from time to time in our sole discretion, including in private groups. We and our agents reserve the right to investigate any violation of these Terms and to take appropriate remedial action.
Any violation of these Terms may result in the suspension or termination of your ability to use or participate on the Community and its associated pages. We reserve the right to enforce these Terms at our sole discretion, including, but not limited to, warning users of violations, disabling or suspending privileges and/or access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms, or which we otherwise deem inappropriate, harmful, objectionable or inaccurate.
Deliberate attempts by you or someone on your behalf to evade or circumvent the suspension or termination of your use or participation on the Community violates these Terms, constitutes an unlawful trespass to our equipment and systems, and may result in legal action.
We may release information concerning your use of the Community (including posted content, registration information, and network records) when we believe release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply these Terms; to protect our rights or property; to protect against fraudulent, abusive or unlawful use or participation on the Community; or if we reasonably believe that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure.
No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
To report violations of these Terms, please email legal@appdynamics.com with appropriate details, including your contact information.
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14. SEVERABILITY
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Terms will remain in effect.
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15. MISCELLANEOUS
These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and us. You may not assign your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent.
These Terms shall be governed exclusively by the laws of the State of California, without regard to its conflicts of laws rules. Each party hereby consents to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California to adjudicate any dispute arising out of or relating to this Agreement. Except as expressly stated in these Terms, these Terms constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter.
AppDynamics reserves the right to change these Terms and benefits at its sole discretion upon thirty days notice. AppDynamics reserves the right to suspend access to, or terminate, the Community upon thirty days’ notice. No modification, amendment, or waiver of any provision of these Terms shall be effective unless it is by an update to these Terms that we make available on this website.
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Additional Resources
