AppDynamics Fan Club Terms of Use

These Terms of Use were last updated on August 5, 2015.

Welcome to the AppDynamics Fan Club. By accessing or using any part of the site, 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, Inc., a Delaware corporation located at the 303 Second

Street, North Tower, 8th Floor, San Francisco, CA 

These Terms of Use were last updated on August 5, 2015.

 

1. DEFINITIONS

“Agreement” or “Terms” refers to these AppDynamics Fan Club Terms of Use in their entirety.

“AppDynamics Fan Club” or “Fan Club” is an incentive and loyalty program for both AppDynamics’ prospective and current customers. Membership to the Fan Club is available for all prospective AppDynamics customers.  Fan Club “Elite” members consist of current AppDynamics customers.

“AppDynamics”, “we,” “our” or “us” means AppDynamics, Inc., its affiliates and subsidiaries.

“You” or “your” means you as an individual, and any company or organization for whom you are using the

AppDynamics Fan Forum.

 

2. YOUR PROFILE AND ACCOUNT 

Your username, first name, and last name may be publicly displayed on your Fan Club private community account, at your discretion. You agree that all information you submit to the Fan Club pages, 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 the Fan Club account. It is your responsibility to maintain the confidentiality of any password associated with your use of the Fan Club Community. You agree that we may send you information and notices regarding the Fan Club and your account, by email, text messaging, Fan Club Private Message or other means based on the information you provide to us.

 

3.  MEMBERSHIP ELIGIBILITY AND BENEFITS

You must be 18 years or older to participate in the Fan Club.  Membership benefits are provided at AppDynamics’ sole discretion and may be modified or canceled at any time.  Any and all products and/or services are subject to availability.  The products and services provided under the Fan Club are for 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.

 

4. YOUR RESPONSIBILITIES

You shall:

•    Treat other AppDynamics Fan Club users with courtesy and respect;

•       Be responsible for your compliance with these Terms and all activities occurring within or from your Fan Club account;

•       Use commercially reasonable efforts to prevent unauthorized access to or use of the Fan Forum, and notify AppDynamics promptly of any such unauthorized access or use; and

•       Use the Fan Club 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 Fan Club available to anyone else, including sell, resell, rent or lease the Fan Forum;

•    Make use of the Fan Club to send unsolicited commercial messages;

•    Violate any antispam or similar law;

•       Use the Fan Club 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 Fan Club 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 Fan Club or any data contained therein;

•    Attempt to gain unauthorized access to the Fan Forum, or AppDynamics’ systems or networks;

•       Scrape, data extract or data mine, or any related activity, from the Fan Forum, or otherwise collect information about other Fan Club users without their consent; or

•    Submit or link to any content (including any name or user ID you use in the AppDynamics Fan

Forum) that:

o  Infringes or violates the intellectual property or other rights of any person or entity;

o  Intentionally interferes with the operation of the AppDynamics Fan Forum;

o  Violates anyone’s privacy or publicity rights;

o  Breaches any duty of confidentiality that you owe to anyone;

o  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 Fan Club users);

o   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;

o   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

o   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 Fan Club is at your sole risk. We may modify the functionality of the Fan Club 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 Fan Forum.

 

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 Fan Club 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 Fan Forum, or condition your continued use on additional terms. If your continued use, in our sole judgment, poses an undue or disproportionate burden on the Fan Club or our networks, or if your activity on the Fan Club is disruptive or detrimental to other users or the security of the Fan Forum, your account may be cancelled, Your employer may be notified and you may be banned from future participation in the Fan Club and other AppDynamics events or AppDynamics assets.

 

6. NO WARRANTY

THE FAN CLUB 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 FAN CLUB 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 FAN CLUB 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 FAN CLUB REGARDLESS OF WHO ORIGINATED

THAT CONTENT (INCLUDING OUR EMPLOYEES, PARTNERS, AFFILIATES OR MODERATORS).

 

7. NO DAMAGES

You agree that you bear all risks associated with using or relying upon content on the Fan Forum. 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.

 

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 Fan Club and your activity on the Fan Forum, including, but not limited to, your violation of these Terms and your violation of any rights of a third party.

 

9. PROPRIETARY RIGHTS AND PRIVACY

You grant to us a perpetual, worldwide, fully paid up right and license to use, copy, modify, publish, republish, distribute and create derivative works based on, in any form, any content or material you contribute to the Fan Forum. Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to all intellectual property rights in the Fan Forum, 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 Fan Forum, 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 Fan Club in accordance with our Privacy Statement at http://www.appdynamics.com/privacy-policy/.

 

10. THIRD PARTY LINKS 

The Fan Club 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.

 

11. 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 fanclub@appdynamics.com. If we receive a notice alleging that material or content you posted on the Fan Club 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).

 

12. 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 Fan Club 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 Fan Club 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 Fan Club (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 Fan Forum; 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  fanclub@appdynamics.com with appropriate details, including your contact information.

13. 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.

 

14. 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 to terminate the Fan Club 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.