Salsify Community Terms of Use

Last updated on September 27, 2022

These Salsify Community Terms of Use (“Terms of Use”) apply to the access to or use of the community websites owned or operated by Salsify, Inc., and its affiliated companies, by participants (“Users”), including all content and programs made available on such site (together with any Salsify information, data, content and other materials, products and services available through such site, and any successor site(s), a “Salsify Community” or “Community”). By accessing the  Salsify Community, you agree to these Terms of Use and all other policies or notices posted by us through the Community, including any Community Participation Guidelines, and the Privacy Policy found at: https://www.salsify.com/privacy-policy.  

Any use of or access to the Community by anyone under the age of 16 is prohibited.

If you are accessing or using the Community to learn more about Salsify’s products or services, you understand the Terms of Use do not apply to the provision or use of or access to Salsify’s products or services, which are subject to our separate customer agreement. As used in these terms, "Salsify," "we" and "us" refer to Salsify, Inc. and its affiliates and sponsored organizations, as applicable. We may modify these Terms of Use from time to time and such changes shall be effective upon posting updated Terms of Use to the Community or any other applicable Salsify website.  

Additional terms may apply with respect to particular programs provided through the Community (the “Program Terms”). Such Program Terms will be made available through the applicable Program. In the event of any conflict or inconsistency between the Terms of Use and the Program Terms, the Program Terms will control to the extent of such conflict or inconsistency, solely with respect to the applicable Program.

INFORMATION SUBMITTED TO OR THROUGH THE COMMUNITY

You represent and warrant that you will be responsible for the accuracy, completeness, quality and legality of any information you provide in connection with the Community, including Registration Information, the means by which you acquired such information, and your use of such information in connection with the Community.  Your first name, last name, profile picture, location and other information you provide in connection with the Community, including Registration Information, may be publicly displayed, including on any profile page or in connection with your activities. Your Salsify Community Account (defined below) may make available functionality enabling you to manage certain of your notifications and other preferences. Salsify may use or disclose your information, including (a) for internal business purposes, such as to improve Salsify products and services by better understanding how Salsify users interact with its platform ; or (b) to create aggregated, non-personal data that does not identify you or any other individual, which Salsify may use or disclose for any purpose. 

RULES OF CONDUCT

In addition to any policies or notices posted by us through the Community, the prohibited actions and prohibited materials set forth below apply to any use of the Community.  For avoidance of doubt, you will not (and you will not allow your users or any third party to): 

• Use the Community for any purpose that is fraudulent or otherwise tortious or unlawful. 
• Harvest or collect information about Users. 
• Interfere with or disrupt the operation of, or attempt to gain unauthorized access to, the Community or the servers or networks used to make the Community available, including by hacking or defacing any portion of the Community; or violate any requirement, procedure or policy of such servers or networks. 
• Interfere with or disrupt the integrity of any information, data, content or other materials available in or through the Community. 
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Community.
• Disassemble, reverse engineer, or decompile any portion of the Community or use the Community to determine whether there is infringement of a patent, except where such restriction is expressly prohibited by applicable law.
• Frame or mirror any portion of the Community, or otherwise incorporate any portion of the Community into any product or service. 
• Systematically download and store any information, data, content or other materials available in or through the Community.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any information, data, content or other materials available in or through the Community, or reproduce or circumvent the navigational structure or presentation of the Community. 
• Falsely state or imply that you are associated with Salsify or another person or company.
• Access or use of the Community if you are Salsify direct competitor, or access or use the Community for any competitive purposes, including to build a competitive product or service, or any product or service using similar ideas, features, functions or graphics as the Community, or for purposes of benchmarking or otherwise monitoring the Community’s availability, performance or functionality. 
• Remove or modify any Community markings or any notices, including any markings or notices of  Salsify or any other party’s proprietary rights. 
• Use any portion of any Community for any purpose, including duplicating any portion of the Community, using any portion of the Community for your internal business operations, for production purposes or for any commercial purpose (including use in connection with any advertising or other commercial solicitation), or making available to any third party any portion of the Community. 
• You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other products or services needed to use or access the Community. In addition, please remember that you may be providing information, data, content or other materials to a diverse and international audience. Things that do not seem abusive, obscene, offensive or otherwise objectionable may seem so to others. You will treat other users of the Community with courtesy and respect. 

You are responsible for complying with any policies set by your employer organization (“Organization”), including any policies governing statements made on behalf of the Organization.  Without limiting any other remedy under applicable law, if you fail to comply with these Terms of Use, Salsify may take any action in response, including warning you and/or your Organization of such failures, and banning you from the Community. 

REGISTRATION; USERNAMES AND PASSWORDS

Salsify Community Account. You may need to register to use or access all or part of the Community and create a user account (the “Salsify Community Account”.)  Salsify may reject, or require that you change any login credentials or other information that you provide in registering and creating a Salsify Community Account (collectively, the “Registration Information”). Your login credentials are for your personal use only and should be kept confidential. You, and not Salsify, are responsible for any use or misuse of your login credentials and all activities occurring from any Salsify Community Account that you have. You must use reasonable efforts to maintain the confidentiality of and prevent unauthorized use of, and you must promptly notify Salsify of any confidentiality breach or unauthorized use of, your login credentials or your Salsify Community Account. Salsify considers any Salsify Community Account with the same email address, phone number or other unique identifier, as verified by Salsify in accordance with its procedures, to belong to the same User. 

SUBMISSIONS

You and other Users may have the ability to make certain information, data, content or other materials, including testimonials, reviews, posts, comments and other user-generated content, pictures and documents available through or in connection with the Community (each, a “Submission”), including on profile pages or on the Community’s interactive products or services, such as message boards, the job board, and other forums, and chatting, commenting and other messaging functionality. Submissions reflect only the opinions of the user who made available the Submission and not the opinions of Salsify, regardless of whether the User is affiliated with Salsify or not. Any Submissions made available through any message board or forum in response to posted questions, or that otherwise purports to answer any questions, including any questions about Salsify, its services or products, or the Community, are made available for your general knowledge only and should never be relied upon as answers to your specific questions (even if an answer is marked as a “best” answer or with any similar qualifications). 

Salsify has no control over Submissions, and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. Any job ads found on the Community are created and provided by third parties over whom Salsify exercises no control. By accessing the job board, you hereby acknowledge and understand that Salsify has no control over the content of the job ads, links to or from job ads, or any conditions third parties might impose on a job seeker.

YOU MUST NOT MAKE ANY PERSONAL INFORMATION (INCLUDING YOUR PERSONAL INFORMATION AND PERSONAL INFORMATION OF ANY OTHER PERSON) PUBLICLY AVAILABLE THROUGH THE COMMUNITY (EXCEPT, FOR CLARITY, YOUR PERSONAL INFORMATION THAT YOU MAKE AVAILABLE IN REGISTRATION INFORMATION FIELDS PROVIDED BY SALSIFY THAT REQUEST SUCH PERSONAL INFORMATION). WITHOUT LIMITING THE FOREGOING, YOU ARE RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT YOU DO MAKE AVAILABLE THROUGH THE COMMUNITY, AND, IF YOU MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE COMMUNITY, YOU DO SO AT YOUR OWN RISK.

LICENSES

Submissions. Except as otherwise set forth in these Terms of Use, You retain ownership of your Submissions, and for each such Submission, you hereby grant to Salsify, to the maximum extent permitted under applicable law, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including marketing or promotional purposes, such as testimonials). 

Feedback. If you provide or otherwise make available to Salsify any suggestions, enhancement requests, recommendations, corrections, or other feedback (“Feedback”), whether related to the Community or otherwise, then the terms applicable to Submissions will also apply to such Feedback, and you hereby 

acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Salsify under any fiduciary or other obligation. 

Necessary Rights; Waiver. You represent and warrant that you have all rights necessary to grant the licenses granted in these Terms of Use, including in this Section, and that your Submissions are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. To the maximum extent permitted under applicable law, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. 

CONTENT AND USAGE DATA

Salsify may monitor, evaluate, alter or remove any Submissions. In addition, Salsify may track or analyze your access to or use of the Community, and the circumstances surrounding such access and use, for any reason or purpose (including for diagnostic or marketing purposes).   You hereby grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content in connection with the Community.

PROPRIETARY RIGHTS

Salsify owns and reserves all rights, title and interests in and to the Community, which are protected by proprietary rights and laws, including all related intellectual property rights. None of the Community, Submissions, or any other information posted to the community by its users “Third Party Materials” is sold to you. 

Trademarks. You may not use any trade name, trademark, service mark or logo, the Salsify logo, any other trademarked names, characters, events, or words of Salsify or Salsify’s affiliates, and its and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors (each a “Salsify Affiliated Party”) in any manner without Salsify’s express prior written permission. All trade names, trademarks, service marks and logos in or available through the Community that are not owned by Salsify or a Salsify Affiliated Party are the property of their respective owners. Nothing in these Terms of Use and nothing in or available through the Community should be construed as granting any right to use any trade name, trademark, service mark or logo without the express prior written consent of its owner. 

Reservation of Rights. Except as expressly set forth otherwise in these Terms of Use, nothing in these Terms of Use, and nothing in or available through the Community, should be construed as granting, directly or by implication, estoppel or otherwise, any right or license with respect to any proprietary right (including any intellectual property right) of Salsify or any Salsify Affiliated Party, and Salsify and the Salsify Affiliated Parties retain all right, title and interest in and to their proprietary rights. 

PROMOTIONS

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) available in or through the Salsify Community may be governed by rules that are separate from the Terms of Use. If you participate in any Promotions, please review the applicable rules. To the extent of any conflict or inconsistency between the Terms of Use and any Promotion rules, the Promotion rules will control. 

DISCLAIMER OF WARRANTIES AND CONDITIONS

SALSIFY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SALSIFY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. THE COMMUNITY MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER.  ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THE AGREEMENT) ARE MADE FOR THE BENEFIT OF SALSIFY AND ITS SALSIFY AFFILIATED PARTIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. 

While Salsify tries to maintain the timeliness, integrity and security of the Community, it does not guarantee that the Community is or will remain updated, complete, correct or secure, or that access to the Communities will be uninterrupted. 

LIMITATION OF LIABILITY

IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF SALSIFY, TOGETHER WITH ALL SALSIFY AFFILIATED PARTIES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE FOR THE COMMUNITY, EXCEED TEN U.S. DOLLARS ($10.00). THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT WILL  SALSIFY OR ANY  SALSIFY AFFILIATED PARTY HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF  SALSIFY OR  SALSIFY AFFILIATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF ANY REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (A) SALSIFY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM  SALSIFY OPERATION OR PROVISION OF, OR YOUR USE OF OR INABILITY TO USE, THE COMMUNITY OR ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS, WORM, TROJAN HORSE, EASTER EGG, TIME BOMB, SPYWARE OR OTHER SIMILAR COMPUTER CODE, FILE OR PROGRAM THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; AND (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE COMMUNITY OR ANY THIRD PARTY MATERIALS IS TO STOP USING THE COMMUNITY OR THIRD PARTY MATERIALS. 

ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THE AGREEMENT) ARE MADE FOR THE BENEFIT OF SALSIFY AND EACH SALSIFY AFFILIATED PARTY, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. 

INDEMNITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WILL DEFEND SALSIFY AND EACH SALSIFY AFFILIATED PARTY, AND/OR THEIR SUPPLIERS, ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (EACH, A “SALSIFY PARTY”), AGAINST ANY CLAIM, DEMAND, SUIT OR PROCEEDING MADE OR BROUGHT AGAINST ANY SALSIFY PARTY BY A THIRD PARTY ARISING OUT OF OR RELATING TO: (A) YOUR USE OF, OR ACTIVITIES IN CONNECTION WITH, THE COMMUNITY (INCLUDING ALL SUBMISSIONS), (B) ANY VIOLATION OR ALLEGED VIOLATION OF THE TERMS OF USE BY YOU; AND/OR (C) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY (EACH, A “CLAIM”); AND YOU WILL INDEMNIFY SUCH SALSIFY PARTY FROM ANY DAMAGES, ATTORNEY FEES AND COSTS FINALLY AWARDED AGAINST SUCH SALSIFY PARTY AS A RESULT OF, OR FOR ANY AMOUNTS PAID BY SUCH SALSIFY PARTY UNDER A SETTLEMENT APPROVED BY YOU IN WRITING OF, A CLAIM, PROVIDED THE APPLICABLE SALSIFY PARTY (I) PROMPTLY GIVES YOU WRITTEN NOTICE OF THE CLAIM, (II) GIVES YOU SOLE CONTROL OF THE DEFENSE AND SETTLEMENT OF THE CLAIM (EXCEPT THAT YOU MAY NOT SETTLE ANY CLAIM UNLESS IT UNCONDITIONALLY RELEASES EACH APPLICABLE SALSIFY PARTY OF ALL LIABILITY), AND (III) GIVES YOU REASONABLE ASSISTANCE, AT YOUR EXPENSE. 

TERM; TERMINATION

Salsify may terminate or suspend your use of the Community at any time and without prior notice, including for abusive or disrespectful conduct in the Community or towards other Users of the Community. Immediately upon any such termination or suspension, your right to use the Community will permanently or temporarily cease (as applicable), and Salsify may deactivate or delete your login credentials and account, and all associated information, data, content or other materials, without any obligation to provide further access to those materials. To request that we delete your Salsify Community Account, please contact the Salsify Community Manager at community@salsify.com. Please note that deleting your Salsify Community Account may not result in the deletion of all information related to your Salsify Community Account. If Salsify terminates the Community, then all Terms of Use and your rights with respect to the Community will automatically terminate.  

GENERAL

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Boston, Massachusetts.

If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Each party agrees to comply with all applicable laws, including U.S. export laws, and regulations with respect to its activities hereunder.

Salsify reserves the right to (1) discontinue, impose limits on, or restrict access to any aspect of the Community at any time, with or without cause or notice, including the availability of any of the features, delivery services, databases, or content, or (2) edit or delete any documents, information, or other content appearing in in the Community.

Nothing in these Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Community or information provided to or gathered by Salsify with respect to your use of the Community.