GLOBAL COMMUNITY TERMS
These Global Community Terms (“Community Terms”) describe the terms under which SuperOps Inc., a Delaware Corporation, having its address at 2093, Philadelphia Pike #2105 Claymont, DE 19703 (“We”, “Our”, “Us”) allows you (“You”, “Your”, “User”) to access and/or the SuperOps global community available at [●] (“Global Community Page”). By accessing and/or using the Global Community a) You accept and agree to be bound by these Community Terms and Our privacy policy available at https://superops.ai/privacy (“Privacy Policy”) and all other policies issued by Us in relation to the access and/or the use of the Global Community b) You warrant to us that You are legally competent to enter into this agreement, c) That, in the event, You are accessing and/or using the Global Community Page on behalf of any entity/company or its group, You possess the requisite authority to bind such entities, company or its groups to these Community Terms. If You do not agree to these Community Terms, You should immediately cease to access and/or use the Global Community Page.
1. GLOBAL COMMUNITY ACCOUNT
1.1 Global Community Page is an interactive space including Our blogs, podcast series, insight hub, events promotion page, and User discussion forum. The Global Community Page is provided by Us for the Users to accumulate knowledge, participate in discussions, share reviews, and recommendations, and/or share and receive content relating to SaaS platforms, Artificial Intelligence, MSPs, and the like. Any content shared by the Users on the Global Community Page in any form or media such as messages, data, information, text, music, sound, photos, graphics, screenshots, video, code, or any other material shall constitute the “User Content”.
1.2 You are required to have a registered account with Us (“Global Community Account”) in order to share any User Content on the Global Community Page. Only after We verify Your identity, You will be allowed to post or publish the User Content. You shall provide true and accurate information as may be required when registering for the Global Community Account.
1.3 Any user identification code, login, password, or any other piece of information provided as part of Our security procedures, must be treated as confidential by You. You must not disclose it to any third party. We shall have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion, You have failed to comply with any of the provisions of these Community Terms.
2. YOUR OBLIGATIONS:
2.1 You shall be solely responsible for the User Content You post on the Global Community Page using Your Global Community Account. We shall have no obligation to review the User Content before or after the User Content is posted on the Global Community Page.
2.2 You acknowledge and agree to comply with the following guidelines while using the Global Community Page
(i) Treat other Users with respect;
(ii) The User Content You post shall not be abusive or harassing any person based on race, gender, religion, nationality, ethnicity, political group, sexual orientation, or other characteristics.
(iii) We encourage different opinions and encourage the Users to indulge in healthy discussions and arguments over facts without any personal attacks.
(iv) Do not write baseless negative reviews with the sole intention of disparaging Our products and/or services. We reserve the right to immediately delete such baseless reviews.
(v) If You realize that the User Content You posted is not accurate, You can always edit the post to reflect the change in circumstance or understanding.
(vi) You should not spread any false information or rumour resulting in harm to others or creating panic among the other Users.
(vii) You should not post any User Content that is copied from other sources
(viii) You shall not share any User Content that (a) infringes upon any person’s intellectual property rights, (b) is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory, (c) infringes any person’s privacy rights, export control laws/regulations (d) consist of any personal information of an individual (e) is irrelevant to the topic of discussion under which the User Content is posted or published and/or (f) solely promotes one product and disparages another product
(ix) You shall not or post the User Content of other users and/or the content shared by Us on any other social media platform without including a link to the Global Community Page.
2.3 You agree not to
(i) modify, adapt, or block the Global Community Page or otherwise attempt to gain or gain unauthorized access to the content of the Global Community Page or related systems or networks;
(ii) access and/or use the Global Community Page in violation of any federal, state, or local laws, or to propagate any unlawful act or illegal threats,
(iii) impersonate or misrepresent Your affiliation with any other person or entity
(iv) knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software;
(v) “crawl,” “scrape, ” or “spider” any page, data, or portion of the Global Community Page (through the use of manual or automated means);
(vi) use the Global Community Page for the purpose of soliciting, advertising or any other commercial purpose without Our prior written consent
(vii) junk, spam, phishing, spoofing, pyramid schemes or transmit other forms of duplicative or unsolicited messages;
2.4 You acknowledge and agree that We shall have no liability for claims arising from Your failure to comply with this section 2.
2.5 We also reserve the right to change, redact, archive, or remove any User Content or terminate Your Global Community Account in any manner at Our sole discretion in case We suspect You violated this section 2.
3. INTELLECTUAL PROPERTY RIGHTS:
3.1 All rights, title, and interest in and to all intellectual property and/or proprietary rights, title, and interest in or related to the Global Community Page and the content posted on the Global Community Page (other than the User Content) shall belong to and remain exclusively with Us.
3.2 You own the rights to the User Content You publish or post on the Global Community Page. By posting User Content on the Global, You grant Us, a perpetual, worldwide, irrevocable, exclusive, royalty-free, and fully sub-licensable right to use, reproduce, translate, modify, create derivative works of, publicly display on the Global Community Page as well as on Our other social media platforms, communicate, and distribute (either electronically or via other media now known or hereafter devised) the Use Content in the ordinary course of Our business. You understand that once You post the User Content it becomes public and can be seen by Us and other Users and We shall not be responsible for keeping the User Content confidential.
3.3 You grant Us a non-exclusive, irrevocable, royalty-free, worldwide right, to use Your name, profile photograph, likeness, voice, biography, and quotations that You share in the Global Community Page in any of Our marketing materials and to use, reproduce, distribute, display, exhibit or otherwise exploit these marketing materials, worldwide, in perpetuity, internally or externally, in all media, including at events conducted or sponsored by Us and/or for promoting and publicizing Our products and services.
3.4 You grant Us permission to use Your Global Community Account sign-up information for sending any promotional communications or any event announcements from time to time. In addition, You authorize us to contact You directly or through other Users regarding any request/queries on any User Content published either by you or some other user on the Global Community Page.
3.5 We shall have a perpetual, worldwide, transferable, and royalty-free right and license to use any suggestions, enhancement requests, recommendations, or other feedback You choose to provide Us on the Global Community Page.
3.6 All rights not expressly granted herein are reserved.
4. CONFIDENTIAL INFORMATION
Each party will protect the other’s confidential information from unauthorized use, access, or disclosure in the same manner as each party protects its own confidential information, and in any event, with no less than reasonable care. Except as otherwise expressly permitted pursuant to the Community Terms, each of the parties may use the other’s confidential information solely to exercise its respective rights and perform its respective obligations under the Community Terms and shall disclose such confidential information solely to those of its respective employees, representatives, and agents who have a need to know such confidential information for such purposes and who are bound to maintain the confidentiality of, and not misuse such Confidential Information. If it is required by law to be disclosed by the receiving party of the confidential information, then the receiving party shall, to the extent legally permitted, notify the disclosing party of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.
5. TERMINATION
5.1 These Community Terms will remain in full force and effect as long as You access and/or use the Global Community Page. We reserve the right, at Our sole discretion, to remove Your User Content and/or Your Global Community Account from the Global Community Page and/or to immediately block Your access to the Global Community Page, upon any breach by You of these Community Terms or if We are unable to verify or authenticate any information You submit towards registration with the Global Community Page. In addition, We also reserve the right to terminate Your Global Community Account at any time due to business reasons which shall include discontinuation of the Global Community Page.
5.2 Effect of Termination: Upon termination of Your User Account Your access and use of the Community Page through Your Global Community Account shall cease. You agree and acknowledge We reserve the right to continue to use the User Content published by You prior to such termination and the rights granted by You under these Community Terms shall survive the termination.
6. INDEMNIFICATION
You will defend, indemnify, and hold us and Our affiliates from and against any claim by a third party arising from or related to (a)Your breach of these Community Terms, (b) Your violation of any law or rights of any third party,
7. DISCLAIMER OF WARRANTIES
7.1 GLOBAL COMMUNITY PAGE INCLUDING THE WEBSITE, AND BLOGS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
7.2 WE HAVE NO CONTROL OVER THE USER CONTENT OR THE GENUINITY OF THE USER CONTENT ON THE GLOBAL COMMUNITY PAGE PUBLISHED BY OTHER USERS, AND WE DO NOT ENDORSE ANY USER CONTENT OR MAKE ANY PROMISE AS TO THEIR CREDIBILITY, ACCURACY, USEFULNESS, OR INTELLECTUAL PROPERTY RIGHTS. YOU SHOULD MAKE AN APPROPRIATE DECISION BASED ON YOUR JUDGMENT, AND WE OR OUR AFFILIATES WILL NOT BE HELD LIABLE FOR ANY DECISION OF YOURS BASED ON THE USER CONTENT ON THE GLOBAL COMMUNITY PAGE.
7.3 YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE ACCESS TO THE GLOBAL COMMUNITY PAGE, WHICH IS PROVIDED OVER THE INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.
8. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, BUSINESS INTERRUPTION) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, RELATING TO THE GLOBAL COMMUNITY PAGE, WILL BE LIMITED TO AN AMOUNT EQUAL TO USD 50.
9. MISCELLANEOUS
9.1 Assignment: These Community Terms and any rights or obligations hereunder may not be assigned by You without Our prior written consent, whereas We can assign any of our rights and obligations hereunder without Your prior written consent. These Community Terms bind, and inures to the benefit of, the Parties and their respective successors and permitted assigns.
9.2 Amendment: We may amend these Community Terms from time to time, in which case the new Community Terms will supersede prior versions. We will notify You of any material amendments to these Community Terms. In the event that You are not agreeable to any amendments made to the Terms, You shall cease to access and/or use the Global Community Page and terminate Your Global Community Account. Your continued use of the Global Community Page post any amendment shall signal Your acceptance of the latest updated version of the Community Terms
9.3 Severability; No Waiver: If any provision in these Community Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Community Terms shall remain in effect. Our non-exercise of any right under or provision of these Community Terms does not constitute a waiver of that right or provision of these Community Terms.
9.4 Relationship of the Parties: The Parties are independent contractors. These Community Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
9.5 Survival: All clauses which, by their nature are intended to survive, including without limitation Clauses 3 (Intellectual Property Rights), 4 (Confidential Information), 5.1 (Effect of Termination), 6 (Indemnification), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Miscellaneous) shall survive any termination of Our agreement with Yourself regarding the use of the Global Community Page. Termination shall not limit either Party’s liability for obligations accrued as of or prior to such termination or for any breach of these Community Terms.
9.6 Notices and Consent to Electronic Communications: All notices from Us under these Community Terms may be delivered in writing (i) by a nationally recognized overnight delivery service (“Courier”) to the e-mail address provided to Your Global Community Account. Our address for a notice is support@superops.ai. All notices shall be deemed to have been given immediately upon delivery by electronic mail.
9.7 Governing Law and Dispute Resolution: These Community Terms shall be governed by the laws of the State of Delaware, the USA without regard to conflict of law principles. Any disputes or differences arising under, relating to, or connected with these Community Terms shall be resolved by final and binding arbitration administered by the American Arbitration Association, in accordance with its commercial arbitration rules for the time being in force. The arbitration shall be presided by a sole arbitrator appointed mutually by the parties. The parties agree that the courts situated in the State of Delaware shall have exclusive jurisdiction over any dispute that arises from these Community Terms.
9.8 Entire Agreement: These Community Terms, constitute the entire agreement and supersede any and all prior agreements between Us and Yourself with regard to the subject matter hereof
9.9 Force Majeure: Notwithstanding anything to the contrary contained elsewhere, We shall not be liable for unavailability of the Global Community Page caused by circumstances beyond Our reasonable control, such as but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet, unauthorized loss, distribution or dissemination of User Content), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.