Last Updated: February 6, 2018
Participation in the Community Site is by invitation only. As a minimum, you must be and remain an existing customer of Pindrop’s and in good standing. Your right to access and use the Community Resources will automatically terminate upon any termination of your subscription to the Pindrop Product(s).
To use the Community Site, you will be assigned an account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are responsible for all activities that occur under your account or password. You will inform Pindrop immediately in writing of any actual or potential unauthorized access to your account or password. Pindrop reserves the right to refuse service, suspend access, terminate accounts, remove or edit any and all content on or accessible via the Community Site (regardless of who contributed or posted such content) at any time and in its sole discretion.
LICENSE AND SITE ACCESS
Subject to the terms in these Site Terms, Pindrop grants you a limited license to access and make use of the Community Site and all content (whether data, text, graphics, audio or video files), documentation or any other materials available in the Community Site solely for your internal business purposes in connection with your authorized use of a Pindrop Product only. The Community Site, together with the content available on the Community Site is referred to as the “Community Resources” for purposes of this Agreement.
You may not do any of the following with all or any portion of the Community Resources (a) remove any proprietary notices on or in the Community Resources; (b) link Community Resources to anything outside of this Community Site; (c) reproduce, duplicate, copy, sell or otherwise exploit the Community Resources for any commercial or derivative purpose; or (d) use of data mining, robots, or similar data gathering and extraction tools, without express written consent of Pindrop in each case.
Pindrop has the right but not the obligation to monitor and edit or remove any activity or Community Resources. Pindrop takes no responsibility and assumes no liability for any content posted by you or any third party.
YOUR COMMENTS, COMMUNICATIONS AND OTHER CONTENT
You may to post comments, questions, feedback, information, data or any other content you submit or upload to the Community Site (“Your Content”), so long as Your Content does not violate our Community Guidelines or consist of or contain software viruses. Additionally, you agree you will not:
- take any action to circumvent or attempt to circumvent the security and access control provisions of the Community Site such as logging in to an account not assigned to you, accessing personally identifiable information not owned by you, testing the security measures of the Community Site and/or attempt to identify system vulnerabilities or impersonating any other user of the Community Site;
- overwhelm or disable the Community Site or interfere with access to and use of the Community Site by any other user;
- use the Community Site to violate any applicable law or regulation; or
- harvest or collection information about other users of the Community Site.
You understand what appears in the Community Guidelines and in these Site Terms are examples only and are not intended to be complete or exclusive.
By using the Community Site, you agree that you’re giving Pindrop and others who have access to and using the Community Resources permission to use and view Your Content, as described in these Site Terms. You also grant Pindrop a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content within the Community Site.
Pindrop will not publish Your Content outside of the Community Site in a manner that identifies you without your prior written approval. However, you agree that this restriction does not in any way impact Pindrop’s right to use, process or retain data provided by you outside this Community Site (i.e., data that is contributed to a Pindrop database pursuant to a Product Agreement).
If you elect to provide any ideas, suggestions, or recommendations on the Community Site regarding how to change, extend or improve Pindrop’s products, technologies or services (“Your Product Feedback”), Pindrop is free to use Your Product Feedback and incorporate it in Pindrop products, technologies, and services without any other obligations or restrictions or compensation obligations.
You represent and warrant the following with respect to Your Content and Your Product Feedback: (a) you own, control or have the necessary rights to what you post or submit via the Community Site for others to use such as contemplated in these Site Terms; (b) it is accurate; (c) the use by Pindrop or other users of the Community Resources as contemplated in these Site Terms will not violate any applicable laws or regulations or cause injury to any person or entity. For purposes of these Site Terms only, you retain ownership to Your Content and Your Product Feedback.
PINDROP AND OTHER USER CONTENT
Except for Your Content, Your Product Feedback or Other User Content (which are owned by you or the other users of the Community Resources), the Community Resources, the compilation of all the content on the Community Site and any software or other technology used on or to provide the Community Resources are the property of Pindrop or its licensors and protected by United States and international intellectual property laws. All rights not expressly granted in these Site Terms are reserved by Pindrop and its licensors. All trademarks not owned by Pindrop that appear on or within Community Resources are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pindrop.
Like you, other users of the Community Resources can participate in or contribute to community areas of the Community Site (the “Other User Content”) on the same terms as you (See License and Site Access above). You acknowledge that (a) Pindrop has not tested or screened Other User Content; and (b) Other User Content may be subject to separate license terms as determined by the person posting such content.
You must make your own independent judgment regarding your interaction with or use of any Community Resources (including Other User Content) or Linked Sites, including any reliance on the content, integrity and accuracy of such content or sites.
Additionally, the following applies:
- The Community Site does not respond to web browser “do not track” signals or other mechanisms. If, in the future, we create a program or protocol to respond to such web browser signals, we will inform you and share details of how it works.
- Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to the Community Site who disable cookies may be able to browse certain areas of the Community Site, but some features may not function.
- We may link information we collect from you from multiple sources to provide better service to you and to improve our products and services.
Note: The Community Site does not support anonymous participation. At a minimum, other users of the Community Site will be able to see your name and company name as part of your user profile which someone can click on if you make a post to the Community Site. However, profile information like your email address is only visible to Pindrop, unless you change your settings and opt-in to sharing information with other users of the Community.
The Community Site is hosted in the United States. Pindrop does not guarantee that the Community Resources are appropriate or will be available for use in locations other than the United States. If you use the Community Resources from outside the United States, you acknowledge that:
- You are voluntarily transferring information (potentially personally identifiable information), Your Content and Your Product Feedback to the Unites States and agree that Pindrop’s collection, use, storage and sharing of your information, Your Content and Your Product Feedback are exclusively subject to the laws of the United States, not of the jurisdiction in which you are located; and
- You are entirely responsible for compliance with applicable local laws, including but not limited to the data, privacy, export and import regulations of other countries in relation to the Community Resources and Other User Content.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE COMMUNITY RESOURCES, OTHER USER CONTENT, LINKED SITES AND ANY OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS COMMUNITY SITE ARE PROVIDED BY PINDROP ON AN “AS IS” AND “AS AVAILABLE” BASIS. PINDROP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY COMMUNITY RESOURCES, OTHER USER CONTENT, LINKED SITES OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMMUNITY SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMMUNITY RESOURCES, OTHER USER CONTENT AND LINKED SITES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PINDROP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PINDROP DOES NOT WARRANT THAT THE COMMUNITY RESOURCES, OTHER USER CONTENT, LINKED SITES OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMMUNITY SITE, ITS SERVERS, OR E-MAIL SENT FROM PINDROP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PINDROP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE COMMUNITY RESOURCES, OTHER USER CONTENT, LINKED SITES OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMMUNITY SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW; DISPUTES
By visiting the Community Site, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and Pindrop. Any dispute relating in any way to your visit to the Community Site or to services provided by Pindrop or through the Community Site shall be adjudicated in any state or federal court in Fulton County, Georgia, and you consent to exclusive jurisdiction and venue in such courts.
SITE TERMS, POLICIES AND MODIFICATION
We reserve the right to make changes to the Community Site, policies applicable to the Community Site (including the Community Guidelines), and these Site Terms at any time.
The Community Resources are provided by Pindrop are provided as a courtesy to help you use the Pindrop Products more effectively. Community Resources are not incorporated into any Product Agreement nor shall they be deemed to expand or modify the rights or obligations of Pindrop under a Product Agreement in any manner.
You will indemnify Pindrop for all claims resulting from a breach of any portion of these Site Terms. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under these Site Terms without Pindrop’s prior written consent, and any attempt to do so without that consent will be void. These Site Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party of any of the provisions of these Site Terms. Further, the waiver by either party of a particular breach by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of these Site Terms. These Site Terms can only be modified by a written amendment between you and Pindrop.
Notice and Procedure for Making Claims for Copyright Infringement
Pindrop respects the intellectual property of others. If you believe that your work has been copied in a way constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Pindrop that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A 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;
- 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.
Pindrop’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Pindrop Legal Department
817 West Peachtree St. NW #770
Atlanta, GA 30308
phone: (404) 721-3767
e-mail: general[email protected]