Effective July 30, 2020
INTERCOM COMMUNITY IS OFFERED BY INTERCOM, INC., INTERCOM R&D AND ITS AFFILIATES (“INTERCOM”), AND PARTICIPATION IN THE FORUM IS GOVERNED BY THESE INTERCOM COMMUNITY TERMS (THE "FORUM TERMS") AND THE INTERCOM TERMS OF SERVICE OR INTERCOM MASTER SERVICE SUBSCRIPTION AGREEMENT (EACH, RESPECTIVELY THE “TOS” AND “MSSA” AND COLLECTIVELY, THE “AGREEMENT”) AS APPLICABLE BETWEEN INTERCOM AND YOURSELF, INCLUDING ANY ACCEPTABLE USE POLICY(IES) PUBLISHED OR POSTED BY INTERCOM AND RELATED TO THE SERVICE OR THE FORUM, INCLUDING BUT NOT LIMITED TO THE INTERCOM ACCEPTABLE USE POLICY EFFECTIVE JULY 20, 2017. IN ORDER TO PARTICIPATE IN THE FORUM AND USE THE FORUM, YOU MUST BE A CUSTOMER IN GOOD STANDING AND MUST REMAIN SO FOR THE DURATION OF AVAILABILITY OF THE FORUM. INTERCOM COMMUNITY ALSO ACCEPTS GUESTS TO BECOME MEMBERS. YOU MUST ALSO AGREE TO THESE TERMS. YOU UNDERSTAND AND AGREE THAT INTERCOM WILL TREAT YOUR USE OF THE FORUM AS ACCEPTANCE OF THE TERMS. AS LONG AS YOU COMPLY WITH THESE TERMS, INTERCOM GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED PRIVILEGE TO ACCESS, USE, AND POST CONTENT TO THE FORUM.
Intercom may discontinue the Forum at any time, in its sole discretion, with or without notice. With respect to the Forum and in the event of a conflict with the Agreement or elsewhere in these Forum Terms, this subsection will supersede any other terms and conditions contained herein or in the Agreement.
1. The Forum
1.1. Description.The Forum is a separate, stand-alone service accessible apart from the generally available service to which you subscribe. The Forum is a service on Intercom’s website provided for the purpose of collaborating on content intended to optimize on users’ and Customers’ experience on Intercom’s Products and Services (as defined in the “Agreement”).
1.2. “As Is” Status. By accepting these terms or using the Forum, you understand and acknowledge that the Forum is being provided on an “As Is” or “As Available” basis. The Forum may contain bugs, errors, and other problems. Intercom strongly recommends that you back up all data and information prior to using the Forum. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE FORUM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. Intercom is not obligated to provide any maintenance, technical or other support for the Forum.
1.3. Feedback. The Forum is made available to you for purposes of evaluation and feedback without any compensation or reimbursement of any kind from Intercom. You acknowledge the importance of communication between Intercom and you during your use of the Forum and hereby agree to receive related correspondence and updates from Intercom. In the event you request to opt out from such communications, your participation in the Forum will be canceled. You acknowledge that Intercom owns any feedback you provide, including your contributions and any content you post or provide to the Forum, and you hereby grant to Intercom, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any Intercom product or service (including the Forum) at any time at the sole discretion of Intercom. Intercom will not publish feedback in a way that is attributable to you without your consent except for those contributions you publish to the Forum for the purpose of participating in the Forum.
2. Participation in the Forum.
2.2. Agreement Control. Unless specifically modified by these Forum Terms, the provisions of the Agreement continue in full force with regard to your use of the generally available Forum and these Forum, including provisions regarding account activity, password security, user content and security breaches.
2.3. Acceptable Use Policy. Your use of the Forum is subject to the Intercom Acceptable Use Policy and any other policies or guidelines (collectively and together with the Intercom Acceptable Use Policy, “Acceptable Use Policy(ies)”) that Intercom may publish with respect to the Forum. If, in Intercom’s sole determination, you violate any Acceptable Use Policy(ies), Intercom reserves the right to suspend or terminate your access to the Forum.
2.4. Reverse Engineering. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Forum and/or any other aspect of Intercom technology.
3. Copyright. Intercom respects the intellectual property rights of others. If you believe the Forum has been used in a way that constitutes copyright infringement, please notify us as provided in the Agreement. Intercom reserves the right to delete or disable allegedly infringing content and to terminate the accounts of users who are repeat infringers. Intercom also reserves the right to forward the information in the copyright-infringement notice to the user who allegedly provided the infringing content.
4. Intellectual Property. You agree that Intercom owns all legal right, title and interest in and to the Forum, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Forum is granted. Nothing herein gives you a right to use any of Intercom's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
5. Modification and Termination of the Service. Intercom reserves the right to modify or terminate the Forum, or your use of the Forum, to limit or deny access to and/or participation in the Forum, at any time, in its sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Forum at any time.
6. DISCLAIMER OF WARRANTIES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE FORUM AND ANY CONTENT POSTED THEREIN IS PROVIDED BY INTERCOM ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO AND/OR USE OF THE FORUM, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, INTERCOM EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INTERCOM MAKES NO WARRANTY THAT ANY OF THE FORUM WILL MEET YOUR REQUIREMENTS AND/OR THAT THE FORUM WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES INTERCOM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FORUM OR TO THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE FORUM. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTERCOM OR THROUGH THE FORUM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION ON LIABILITY. IN NO EVENT SHALL INTERCOM BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT INTERCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, INTERCOM LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Indemnification. You agree to hold harmless and indemnify Intercom, its affiliates and subsidiaries, officers, directors, agents, and employees (collectively "Intercom Indemnified Parties") from and against any third party claim arising from or in any way related to (i) your breach of the Terms, (ii) your use of the Forum, (iii) your violation of applicable laws, rules or regulations in connection with the Forum, or (iv) your user content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Intercom will provide you with written notice of such claim, suit or action.
9. Confidential Information. You acknowledge and agree that: (i) subject to sub-paragraph (iv), the successful market launch of commercial versions of the Forum requires you to keep all Intercom data and information discussed and/or made available through or contained in Forum, including, without limitation, the content posted thereto (collectively the "Confidential Information") strictly confidential; (ii) the premature release of any of the Confidential Information would damage Intercom competitive edge and intellectual property rights; (iii) the Confidential Information shall not be shared with anyone other than other authorized participants of the same Forum; and (iv) only Confidential Information that has been publicly released by Intercom may be discussed or shown to the public.
10. Changes to the Terms. Intercom reserves the right to make changes to the Terms from time to time, and will notify you in such an event. You understand and agree that if you use the Forum after the date on which the Terms have changed, Intercom will treat your use as acceptance of the updated Terms.
11. Additional Terms.
11.1. Compliance with Laws. Both parties agree to comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with their performance, access and/or use of the Forum.
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