SysAid Community Terms of Use
The online community provided by SysAid (“We”, “Us” or “SysAid”) at www.community.sysaid.com is designed to create and support an online community where SysAid users, customers, partners or any other Community Member (“SysMates”) can share their best tips, tricks, ideas or other information about SysAid services and products, get peer-to-peer support, share thoughts and recommendations on best practices, and encourage conversations to build skills and general SysAid knowledge (“SysAid Community”). While SysAid employees may respond and otherwise contribute to the dialogue, much of the value that will be gained from the community will be provided by you! How? Your posts, experiences, graphics, uploads, messages, videos, screenshots, photos, descriptions, edits, comments and any other media in any medium provide the maximum benefit to other users.
In addition to the Community, SysAid has a plethora of online resources in our Product Documentation designed to provide individuals, customers, and partners with a centralized source of training materials, how-to guides which may include videos and other resources.
By accessing and engaging with the SysAid Community, you agree to these Terms of Use, Our Privacy Policy, and all other policies and notices posted by SysAid in the Community and referred herein (collectively, “Terms”), as the terms that apply to all persons or entities using the SysAid Community. If you do not accept these Terms, please do not use the SysAid Community.
Every Community user agrees to abide by these Terms and is responsible for any violations; You may not assist, engage or encourage others in a way that would violate these Terms.
We reserve the right to modify these Terms at our sole discretion at any time; the changes are effective upon posting unless specifically stated otherwise. Your continued use of the Community following any modification constitutes your consent to be bound by the then-current Terms. You agree to review the Terms on a regular basis and always remain in compliance.
1. Account and Access
You may access and use the Community free of charge according to these Terms. SysAid uses one or more third party services in providing the Community platform. As part of creating Your Community Profile, You must provide Your email address and establish a username and password with a third party and grant us the necessary rights to share information to enable Your use of the Community. Your login credentials are confidential and You are solely responsible for the activities associated with Your profile including all activity thereon, whether authorized by You or not.
Your username shall be of Your choosing, but may not (1) impersonate another person or user’s name or otherwise be misleading; (2) use ‘SysAid’ or any derivation thereof unless SysAid expressly provides written permission to do so; (3) be vulgar or offensive; and, (4) SysAid may reject any proposed user name for any or no reason.
If You suspect that Your security has been compromised or if You have a good faith basis to suspect that your intellectual property rights have been infringed upon or want to report objectionable content, notify us at community@sysaid.com.
2. Community Code of Conduct
As the term implies, the SysAid Community is designed for public discussion and consumption. To that end, SysAid expects that all conduct thereon be polite, courteous and in all ways and at all times, respectful of and to all other Community Members.
You may not disclose or post (1) anyone’s confidential or personal information; (2) advertising material or otherwise use the Community for solicitation purposes; (3) threatening, abusive, vulgar, offensive, indecent, inflammatory, proprietary, discriminatory or defamatory material; (4) information that is deceptive, false, misleading or fraudulent; or (5) material that infringes any third party’s intellectual property rights or is otherwise in violation of any applicable law, regulation or any other right of a third party.
You may find the existence of material posted on the Community in violation of this Code of Conduct; SysAid has no obligation to control any posted materials, does not endorse any posted material nor does SysAid ensure, verify or certify the reliability, usefulness or intellectual property rights thereof. SysAid disclaims all responsibility under any theory of liability for any information that You post to the Community.
SysAid reserves the right to suspend or terminate Your access to the Community in SysAid’s sole discretion if SysAid determines that any Community Member has violated this Code of Conduct.
3. Social Media and Other Use of Your Content
SysAid encourages cross-sharing posted material across other platforms such as LinkedIn, Facebook, Twitter, Whatsapp and Email groups, discussion boards and any other forum. You acknowledge and agree that any Community Member, including SysAid, may share Your posted material across other platforms including on the SysAid website. Similarly, You may share posted material across other platforms so long as You reference or otherwise mention the SysAid Community in your post.
4. Disclaimers
SysAid reserves the right to disclose Your identity to a third party who alleges that Your posted material infringes or violates their intellectual property rights or other privacy right. SysAid makes no representation or warranty regarding any of the posted material on the SysAid Community, including but not limited to its accuracy, suitability, reliability, or availability. SysAid further disclaims all warranties of any kind with regard to the SysAid Community and the material posted thereon, including any implied warranties.
The SysAid Community website is supported by third parties which provide the platform for the Community, including third party websites, not under SysAid’s control. At all times, it is Your responsibility to adhere to such third party’s terms and conditions. SysAid provides links to such third party’s websites and products for Your convenience, but that shall not imply that SysAid endorses the third party or its product. SysAid disclaims all liability with respect to third party products and third party websites.
SysAid does not guarantee or otherwise promise to maintain the availability of the Community or any of the content posted thereon for any length of time; You are responsible for maintaining personal copies of any posted materials to ensure its availability. SysAid may terminate, suspend or modify the SysAid Community including any content posted thereon entirely or partially, for any or no reason without notice and in SysAid’s sole discretion.
Your use of the Community is subject to SysAid’s Privacy Policy and the Cookie and Privacy Policies of any third-party service provider used to provide the Community, in effect at the time of Your use. By registering for the SysAid Community, You agree that this will be shared with the third party platform hosting the Community and to receive relevant marketing material from SysAid.
5. Intellectual Property Rights
No license, permission or right to any SysAid product, service image, logo, name, trademark or other intellectual property right is granted by these Terms of Use, all of which are protected by various intellectual property laws. SysAid retains all rights, title, interest and any other rights to SysAid products, services, including all content thereon and without limitation all intellectual property rights therein.
The SysAid Community contains proprietary information protected by intellectual property and other laws and regulations and SysAid retains all rights, title and interest in and to the SysAid Community, other than to Your posted material. Should You provide any feedback including requests, recommendations, comments or other suggestions (“Feedback”), You agree that SysAid may freely use, disclose, license, and distribute any Feedback in any manner without any obligation, royalty or restriction, provided You are not identified in connection with any such Feedback without Your consent.
6. Term and Termination
These Community Terms of Use, as modified periodically in SysAid’s sole discretion, shall apply so long as You maintain Your SysAid Community account. SysAid retains the right to terminate any Community Member’s account in SysAid’s sole discretion at any time.
7. Release
You acknowledge and agree that your posted material may be featured on SysAid’s website or social media marketing platforms, which may include your username and profile picture that You provided. You grant SysAid a non-exclusive, royalty-free, fully paid up license to use Your posted material for SysAid’s marketing and advertising purposes and to display, distribute, and otherwise utilize said marketing materials to promote SysAid’s brand, product and services, including the SysAid Community. You waive and release any and all claims with respect to your rights including, but not limited to your intellectual property and privacy rights with respect to such use.
8. Limitation of Liability and Indemnification
Each party hereto represents and warrants that it has sufficient authority to enter into these Terms of Use and that it shall be binding thereupon.
IN NO EVENT SHALL SYSAID BE LIABLE FOR PERSONAL INJURY, LOST PROFITS, LOSS OF USE, LOSS OF DATA, ANY OTHER SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY OR OTHERWISE EVEN IF SYSAID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding this clause, SysAid is determined to have liability under these Terms to You or any other third party, the Parties agree that SysAid’s aggregate liability shall not exceed one hundred dollars. It is acknowledged that absent Your consent to this limitation of liability, SysAid would not provide the Community to You.
You shall defend, indemnify and hold harmless SysAid from and against any third party claims arising out of or in connection with Your (1) participation in the SysAid Community; (2) violation of of any law or right of any third party; or (3) violation of these Terms.
9. General Provisions
a) Entire Agreement. These Terms of Use, along with the various provisions incorporated by reference, constitute the sole and entire Agreement between SysAid and You relating to the subject matter thereof and supersedes all prior discussions and representations between the Parties . Neither party relies on any promise, assurance, statement, representation, warranty or understanding of any person relating to the subject matter of the Agreement, other than as stated in the Agreement.
b) Assignment.Neither Party may assign or otherwise transfer these Terms or any of the rights or obligations hereunder without the other Party’s prior written approval, which will not be unreasonably withheld, conditioned or delayed. Notwithstanding, either Party may assign these Terms, in their entirety upon written notice to the other Party, to an affiliate or in connection with a merger, acquisition or sale of all, or substantially all of the assigning Party’s assets, or similar transaction so long as the affiliate company is not a competitor of the other Party.
c) Applicable Law. The applicable law governing any dispute hereunder, is based on Your country of incorporation as detailed here. Notwithstanding anything to the contrary, We may seek injunctive relief in any competent court worldwide.
d) Independent Parties. You and SysAid are independent Parties. Nothing in these Terms will be construed to make either Party an agent, employee, joint venturer or representative of the other Party. Neither Party shall have, or represent to have, any authority to bind the other Party or act on its behalf. Nothing in these Terms is intended or shall be construed as a third-party beneficiary agreement, nor shall these Terms confer, convey or be deemed to accord any rights to any third party.
