The LogicMonitor Communities (the "Community") is a group of discussion forums intended for information sharing about products and services provided by LogicMonitor, Inc. ("LogicMonitor"). The Community is hosted by LogicMonitor on this website (the "Website"). The purpose of the Community is to provide a forum for customers of the LogicMonitor infrastructure performance management platform to exchange information, LogicMonitor "LogicModule" software, and generally build enthusiasm for LogicMonitor and contribute to its ecosystem.
You must abide by the following rules of conduct:
a. Do not engage in any unlawful conduct in the Community. In particular, do not post, publish, or distribute any defamatory, obscene, infringing or other unlawful material or information in the Community.
b. Treat others in the Community as you would expect them to treat you. Do not engage in personal attacks or any type of "flaming" of other users. Do not "troll," i.e., post topics or opinions that are designed to provoke a negative response from one or more specific users.
c. Do not use offensive language. If you have any doubts about whether a particular statement might be considered offensive by other users, do not post it.
d. Do not engage in disruptive activity in the Community, such as persistent off-topic contributions or comments, or statements that might incite other users to violate these guidelines or participate in illegal activities.
e. Do not contribute content that contains photos, software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have rights to these materials.
f. Do not post any instructions, software or other materials that would allow participants or third parties to harm other users' computers or to inappropriately access software or websites.
g. Do not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
h. Do not falsely impersonate any other person in the forum, including LogicMonitor employees or agents.
i. Do not use the Community to spam other users, including sending identical and irrelevant submissions to many different discussion groups, mailing lists or communities.
j. Do not misrepresent the source of anything you contribute.
k. While you may use the Community to provide supplemental information about your own business that might be of interest to other users (without spamming them), do not rely on the Community as the primary mechanism for operating or promoting your business. Any use of the Community for commercial purposes is solely at your own risk, and LogicMonitor assumes no liability for such use.
l. Any space provided to you in the Community is for your own personal use, and may not be sold, licensed, exchanged or bartered for any purpose, including advertisements.
m. You are responsible and liable for all your activities while participating in the LogicMonitor Community, including anything you contribute.
n. Do not rely on the Community for the safe or secure storage of any materials, such as photos, documents and software. The Community is not designed as the primary place to store any of these materials, and LogicMonitor is not responsible for the alteration, deletion or loss of any stored items. Create back-ups for any materials that you contribute to the Community.
o. LogicMonitor reserves the right to remove at any time, without notice, any contribution that violates these guidelines. LogicMonitor also reserves the right at any time, without notice, to ban a user who has violated these rules of conduct from any sub-community or all Community forums.
p. Some participants may post Internet website links in the Community forum. LogicMonitor is not responsible for the content on the websites associated with these links. In addition, LogicMonitor reminds you that some content and links on the Internet contain inappropriate material, such as malware or adult content that is not suitable for children or may be offensive to some users.
q. You are responsible for any actions you may take based on information or advice you receive while online. Use your own good judgment when evaluating information provided through the Community or any other communication service. The decision to share information or conduct transactions with anyone is your own; therefore conduct your own research prior to making any decisions.
6. Contributions Ownership, Rights and Liability
a. Others the right to reproduce any Contributions under the Creative Commons Attribution-NonCommercial-ShareAlike license http://creativecommons.org/licenses/by-nc-sa/4.0/. You also grant LogicMonitor and all users of the Community the permission to use your Contributions in other areas of the Community or within the LogicMonitor products or services.
b. LogicMonitor a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license under all your Intellectual property rights, including (A) a copyright license to use, reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute such Contributions and derivative works as well as (B) a patent license to make, have made, use, offer to sell, sell, import, export, and otherwise transfer or sublicense such Contributions, and (C) a trade secret license under any trade secrets you have included in the Contributions.
c. For "Attribution" under the Creative Commons license, it is required and sufficient to provide with the reproduced content a link to or URL of the Community page containing the source Contribution.
Collective Work of Contributions: A Collective Work of Contributions is a compilation of Contributions into a single website or publication. LogicMonitor asserts copyright ownership in any Collective Work of Contributions, and such compilations, when published for commercial or non-commercial purpose not by LogicMonitor, may violate LogicMonitor's rights in such a collective work.
In order to grant LogicMonitor and other users of the Community the rights, permissions and licenses contained herein, you represent and warrant that you either own or have all the necessary intellectual property rights in the Contributions uploaded or shared to the Community and that your Contributions are non-infringing on the patent, copyright or other intellectual property rights of others. Do not post, upload, submit or otherwise provide Contributions to the Community that are protected by the intellectual property rights of others, unless you own or have the necessary rights or licenses to use such Contributions, and such rights or licenses do not otherwise conflict with your ability to submit, upload or otherwise provide such Contributions.
By uploading Contributions to the Community, you represent and warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware. All Contributions available for download and/or use are provided on an AS IS and AS AVAILABLE basis, without any warranty of any kind and you assume all risks associated with the Contributions that you download. Please see the sections entitled Disclaimers, Limitation of Liability and Exclusions and Limitations below.
All Contributions are deemed be provided on a non-confidential basis. LogicMonitor is under no obligation to and does not control the Contributions created, provided or uploaded to the Community. The nature of some Contributions may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. LogicMonitor reserves the right to take down and remove Contributions that are flagged by users or deemed by LogicMonitor as objectionable. However LogicMonitor is under no duty to take down or remove any Contributions.
7. Procedure for Making Claims of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
LogicMonitor respects the intellectual property rights of others, and we ask our Community members to do the same. If you believe that your copyrighted work has been copied and is accessible on a LogicMonitor web site or Community site in a way that constitutes copyright infringement, please send a notice to our copyright agent providing the following information:
• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf
• A description of the copyrighted work that you claim has been infringed and a description of the infringing activity
• A description of where the material that you claim is infringing is located, such as the URL where it is posted
• Your name, address, telephone number, and email address
• A statement by you that you have a good faith belief that the disputed use of the material 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 are authorized to act on the copyright owner's behalf
• LogicMonitor's contact for notice of claims of copyright infringement can be reached by email at <copyright [at] logicmonitor.com> (Note: This contact information is solely for reporting copyright infringement) and by mail at: Legal Dept., LogicMonitor, Inc., 12 E. Carrillo Street, Santa Barbara, CA 93101.
You agree to indemnify, defend and hold harmless LogicMonitor (and its respective officers, directors, employees or agents) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software's) use of the Community or violation of these Terms. LogicMonitor reserves the right in its discretion to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with LogicMonitor defense of such claim, and in no event may you agree to any settlement affecting LogicMonitor without LogicMonitor written consent.
Information on the Community is not promised or guaranteed to be correct, current or complete, and the Community may contain technical inaccuracies or typographical errors. LogicMonitor assumes no responsibility (and expressly disclaims responsibility) for updating the Community to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Community. LogicMonitor provides no assurances that any reported problems will be resolved by LogicMonitor, even if LogicMonitor elects to provide information with the goal of addressing a problem.
WITHOUT LIMITING THE FOREGOING, LOGICMONITOR MAKES NO REPRESENTATION OR WARRANTY: (I) THAT THE WEBSITE WILL BE CONTINUED, (II) THAT ANY POSTINGS WILL BE ACCURATE, OR RELIABLE; OR (III) THAT ANY ERRORS ON THE WEBSITE OR ANY DEFECTS IN OR ON THE WEBSITE WILL BE CORRECTED. the use of the website is done at your own discretion and risk. LogicMonitor assumes no liability associated therewith.
FURTHER, ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE COMMUNITY ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. LOGICMONITOR EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOGICMONITOR MAKES NO WARRANTY THAT THE COMMUNITY WILL MEET YOUR REQUIREMENTS OR THAT THE COMMUNITY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
some jurisidictions do not allow the exclusion or limitation of implied warranties or limitations on how long an implied warranty may last, so the above exclusion may not apply to you. you may also have other legal rights which vary by jurisdiction. if disclaimer is not allowed, then to the extent permissible, any implied warranties are limited to (90) days.
10. Limitation of Liability
IN NO EVENT WILL LOGICMONITOR BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE COMMUNITY OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF LOGICMONITOR HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES. this limitation is cumulative for all claims howsoever arising under this agreement, and this limitation shall apply even if the remedies provided in this agreement shall fail of their essential purpose.
some jurisidictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or the absolute limitation on damages, so this limitation or exclusion may not apply to you. in such jurisidictions, the respective liability of LogicMonitor, or its officers, directors, employees, agents, suppliers successors, assigns or affiliates, is limited to the greatest extent permitted by such law. The disclaimers and limited liability above are fundamental elements of the basis of the bargain between LogicMonitor and you. You agree that we would not be able to provide access to the Website or the Community without such limitations.
a. Governing Law and Jurisdiction
This Website is controlled by LogicMonitor in part from its offices within the state of California, United States of America. By accessing this Website, you and LogicMonitor agree that all matters relating to your access to or use of the Website and all disputes of any kind arising in connection herewith shall be governed by the statutes and laws of the State of California, the U.S.A., without regard to its conflicts of laws principles thereof. Except for matters involving injunctive relief related to intellectual property postings by you, you and LogicMonitor also agree and hereby submit to the exclusive personal jurisdiction and venue of the State and Federal Courts in Santa Barbara, California with respect to such matters.
b. Entire Agreement, Severability, No Waiver, Notices
c. Questions and Notices
All questions concerning this Agreement, and except for Copyright notices (which are to be handled according to Section 7 (Procedure for Making Claims of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)) above, must be in writing and directed to: LogicMonitor, Inc., 12 E. Carrillo St., Santa Barbara, California, U.S.A. 93101. Attention: Legal Department. Notices to you may be provided by email and shall be addressed to the system administrator or user designated by you as part of the registration process. Notices shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, or (iii) the first business day after sending by email (for notices to you).
Last Updated: 10/25/2016