NimbleConnect Terms of Service

    NIMBLE STORAGE

    Terms of Service

    NimbleConnect – The Nimble Storage Community

    Nimble Storage provides NimbleConnect, the Nimble Storage Community website located at www.connect.nimblestorage.com as a service to its users and customers (the “Community”). Please carefully read the following Terms of Service, which include the “User Guidelines” and “Legal Terms and Conditions” below (collectively the “Terms”). These Terms govern your access to and use of the Community. 

    Agreement to Terms

     

    By viewing, registering to join, or contributing to the Community you agree to be bound by these Terms. If you do not agree to these Terms and our Privacy Policy (located at http://www.nimblestorage.com/website/privacy-policy.php), do not use the Community. If you agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in that case, "you" and "your" will refer and apply to that company or other legal entity. 

     

    1. 1. USAGE GUIDELINES

    The Community is comprised of blogs, discussion forums, and document and information sharing about products and services provided by Nimble Storage.  The goal of the Community is to allow the exchange of ideas and tips, information, questions, comments, and techniques related to our products and services. The guidelines listed below (“Usage Guidelines”) are presented so that you know what is expected of you and what you can expect from other participants when using the Community.

    • We are here to help.
    • Viewpoint.
    • Keep content relevant. For everyone’s benefit, please stay on topic. The Community is designed to provide a place for users to discuss issues and share ideas related to Nimble Storage products and services. Please offer comments and feedback that contribute to quality conversation about the topic being discussed.
    • Be courteous. Nimble Storage wants everyone to have a positive experience while using the Community. Please make sure that you are not detracting from any other user’s experience by posting anything unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable or injurious. Your opinions are always welcome; however, posting personal attacks and objectionable material in any area of the Community, including private messages, is not acceptable.
    • Keep content spam-free.
    • Keep content honest. Do not post content or use screen names that impersonate another person or are used to falsify affiliation with an entity other than those with which you are directly associated. Please do offer accurate insights and informed responses when topics appeal to you. Do not misrepresent the source of anything you contribute.
    • Keep content legal. It is unacceptable to post any of the following material: Content that (1)would infringe on any patent, trademark, trade secret, copyright, or other proprietary rights of any party (such as another’s copyrighted work); (2) contains software viruses or any other kind of computer codes or files that are intended or designed to disrupt, damage, or limit the functioning of any software or hardware, including that which interferes with the operation of the Community or is designed to evade Community filters; (3) is illegal under any local, state, federal, or international law; (iv) suggests or encourages illegal activity.
    • Protect your privacy. No personal or private information should be posted in the Community, including your personal information or the personal information of others. If any user asks you for personal or private information, such as account number, address, passwords, etc., do not provide it.
    • No Unauthorized Access.  Do not attempt to gain unauthorized access to any portion of the Community or other websites owned, controlled, or operated by Nimble Storage (“Nimble Storage Websites)”) or any other accounts, computer systems, or networks connected to the Community or Nimble Storage Websites, whether through hacking, password mining, or any other means.
    • Use Good Judgement. You are responsible for any actions you may take based on information or advice you receive while online.  Use your own good judgement when evaluating information provided through the Community.  The decision to share information or conduct transactions with anyone is your own, therefore conduct your own research prior to making any decisions.  Do not rely on the Community for the safe or secure storage of any materials, such as documents and software.  The Community is not designed as the primary place to store any of these materials, and Nimble Storage is not responsible for the alteration, deletion or loss of any stored items.  Create back-ups for any materials that you contribute through the Community.

     

     

    1. 2. ENFORCEMENT

     

    Although we are not obligated to monitor access to or use of the Community or Content (defined below) provided therein or to review or edit any such Content, we have the right to do so for the purpose of operating the Community, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Community. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

     

    If you notice any Content that violates these Terms, please contact the Community moderators at connect@nimblestorage.com. Please include a link to the relevant Content in the body of the email.

     

     

    1. 3. LEGAL TERMS AND CONDITIONS

     

    1. Modification. We may modify these Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Community or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Community after we have posted modified Terms on the Community, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you cannot use the Community anymore. Because our services are evolving over time we may change or discontinue all or any part of the Community, at any time and without notice, at our sole discretion.

     

    1. Termination. We may terminate your access to and use of the Community, at our sole discretion, at any time and without notice to you. You may cancel your Account (defined below) at any time by sending an email to us at connect@nimblestorage.com.

     

    Upon any termination, discontinuation or cancellation of the Community or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

     

    1. Privacy. Nimble Storage’s Privacy Policy, which outlines Nimble Storage’s policy regarding the collection, storage, use, and disclosure of information provided to us by users can be found at http://www.nimblestorage.com/website/privacy-policy.php. All guidelines outlined in the Privacy Policy apply to the Community.

     

     

    Registration and Your Information. In order to access certain features of the Community, and to post any User Content (defined below) on the Community, you must register to create an account (“Account”).

    It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. When creating an Account, do not:

    • provide any false personal information to us (including a false username) or create any Account for anyone other than yourself without such other person's permission;
    • use a username that is the name of another person with the intent to impersonate that person;
    • use a username that is subject to rights of another person without appropriate authorization; or
    • use a username that is offensive, vulgar or obscene or otherwise in bad taste.

     

    We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Community that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you will not disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account.

    Content and Content Rights. For purposes of these Terms: (1) “Content” means text, graphics, images, software, works of authorship of any kind, comments, suggestions and information or other materials that are posted, generated, provided or otherwise made available through the Community; (2) “User Content” means any Content that users of the Community (including you) provide to be made available through the Community; and (3) “Nimble Storage Content” means any Content that Nimble Storage makes available through the Community, including any Content licensed from a third party, but excluding User Content.

     

    Content Ownership and Responsibility. Nimble Storage does not claim any ownership rights in any User Content that you make available through the Community and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Nimble Storage and its licensors exclusively own all right, title and interest in and to the Community and Content, including all associated intellectual property rights. You acknowledge that the Community and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Community or Content.

     

    Rights in User Content Granted by You.

    By making any User Content available through the Community you hereby grant to Nimble Storage a non-exclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and otherwise exploit such User Content, in any form, medium or technology now known or later developed, in whole or in part, and in connection with Nimble Storage’s business.

     

    You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that your User Content, your use and provision of your User Content to be made available through the Community, and any use of your User Content by Nimble Storage or other users of the Community on or through the Community will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You acknowledge and agree that: (a) Nimble Storage will have no obligation of confidentiality to you with respect to your User Content whether or not you indicate your User Content is confidential; (b) Nimble Storage may currently or in the future be developing information and materials internally, or receiving information and materials from other parties, that are similar to and/or competitive with your User Content (including the concepts contemplated by or embodied therein); and (c) nothing in these Terms or elsewhere will be construed as a representation or agreement that we (1) will not develop or have not developed, distribute, market or promote services, products, concepts, systems or techniques that are similar to and/or compete with any services, products, concepts, systems or techniques contemplated by or embodied in any of your User Content; or (2) will compensate you with regard to your User Content. Nothing in these Terms will be construed to create a partnership, joint venture or agency relationship between you and Nimble Storage. 

     

    Rights in Content Granted by Nimble Storage. Subject to your compliance with these Terms, Nimble Storage grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Community, solely for your personal and non-commercial purposes, and solely in connection with Nimble Storage’s products and services.

     

    Your Submission of Feedback. Notwithstanding the foregoing, if you provide any suggestions, ideas, proposals, concepts or other feedback to us (whether written, verbal or in any other format or manner) related to or in connection with our products or services or your use of the Community or these Terms, (“Feedback”), you acknowledge and agree that we have no obligation (whether of confidentiality, compensation or otherwise) with respect to such Feedback and we will be free to use and exploit the same in any manner without restriction of any kind.  You acknowledge and agree that all Feedback will be the sole and exclusive property of Nimble Storage.  You hereby irrevocably transfer and assign to Nimble Storage and agree to irrevocably transfer and assign to Nimble Storage all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein.  At Nimble Storage’s request and expense, you will execute documents and take such further acts as Nimble Storage may reasonably request to assist Nimble Storage to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

     

    DMCA/Copyright Policy. Nimble Storage respects copyright law and expects its users to do the same. It is Nimble Storage’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Without limiting the foregoing, if you believe that any of your work has been copied and posted on the Community Form in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Community; (4) your physical address, telephone number, and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  You may contact our Copyright Agent at legal@nimblestorage.com.

    Compliance with Applicable Laws. Use of the Community is governed by all applicable international, federal, state, and local laws. All information, content, and material available in the Community is subject to United States export control laws and may also be subject to the laws of the country in which you reside. Without limiting the foregoing, you should not access or use the Community in violation of U.S. export embargo, prohibition, or restriction.

     

    1. Trademarks. The trademarks, logos, and product icons displayed within the Community are the property of Nimble Storage. Users are not permitted to use these trademarks, logos, or product icons without the prior written consent of Nimble Storage.

     

    Warranty Disclaimers. The CoMMUNTY AND ITS CONTENT are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Community or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

    Links to Third-party Sites. Entries in the Community may direct visitors and users to third-party websites. Following links from the Community to third-party websites is done at your own risk. Nimble Storage is not responsible for the accuracy, reliability, or safety of any information, data, opinions, advice, or statements made on these third-party websites. The appearance of links to third-party websites does not state or imply an endorsement of the website by Nimble Storage. Links posted by you are subject to the Terms that govern Content posted to the Community. Links that direct users or visitors to content or information contained in third-party websites that constitute a violation of the Terms defined by Nimble Storage are prohibited and subject to remedial actions by Nimble Storage.

     

    Limitation of Liability. In no event will Nimble Storage or its users be liable to you for any incidental, special, punitive, or consequential damages in connection with the Community (including without limitation your use of Content), whether or not the damages are foreseeable or Nimble Storage has been advised of the possibility of such damages.  In no event will Nimble Storage’s cumulative liability to you in connection with the Community exceed $10.

    1. Indemnity. You agree to indemnify, defend and hold Nimble Storage, its officers, directors, employees and agents, harmless from and against any third party claim, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or in connection with your User Content, your use of the Community or Content and any content therein, or your violation of any terms or conditions of this Agreement, applicable laws, or any rights of another person or entity. 
    2. General. The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.  Nimble Storage may assign these Terms or any rights hereunder without your consent.  These Terms will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws.  Any legal proceeding arising under these Terms will be brought exclusively in courts located in California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
    3. Contact. For any issues of a specific nature, Nimble Storage may escalate your issue to Technical Support. If you have a question about your posting and whether it is an issue better handled by Technical Support, you can contact the Community manager at connect@nimblestorage.com.

    Thank you for participating in NimbleConnect, the Nimble Storage Community!