1. Who May Use the Website
You must be at least 13 years old, to use the Website. If you are accepting these Terms and using the Website on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
3. Content on the Website
You are responsible for your use of the Website and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with others.
Any use or reliance on any content or materials posted via the Website or obtained by you through the Website is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any third party submitted content or communications posted via the Website or endorse any third party opinions expressed via the Website. You understand that by using the Website, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
We reserve the right to remove content that violates these Terms, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.
If you believe that your content has been copied in a way that constitutes copyright infringement, please report this by contacting our designated copyright agent at:
Harness Inc. Attn: Legal Department Address: 55 Stockton Street San Francisco, CA 9405
Email: [email protected]
4.1. These Terms do not govern the use of any Harness product or services sold or provided by Harness. Your right to access, download, and/or use any of the Harness products or services made available through the Site or other means is governed by the applicable online software license agreement, or such other written contract as may be separately agreed and signed between you and Harness.
4.2. You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is or becomes false, inaccurate, obsolete or incomplete, Harness may terminate your use of the Site.
Unless otherwise specifically agreed to by you and Harness in writing, by uploading, e-mailing, posting, submitting, publishing or otherwise transmitting information, data, event types, tags, comments, suggestions, content or other materials to the Site or Harness (each a “Contribution”), you hereby acknowledge that such Contribution is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to Harness a perpetual, irrevocable, world-wide, non-exclusive, sublicensable, fully paid-up and royalty-free license to use, make, have made, copy, distribute, perform, display (whether publicly or otherwise), modify, adapt, publish, and transmit such Contributions in any form, medium, or technology now known or later developed, and to grant to others rights to do any of the foregoing. In addition, you represent and warrant that all so-called moral rights in the content have been waived. For each Contribution, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this Section, and that such Contribution, and your provision thereof to and through the Site, complies with all applicable laws, rules and regulations. Harness cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Harness will pre-screen, review, and approve Contributions, and Harness reserves the right to refuse or delete any Contributions in its discretion. You acknowledge and agree that Harness reserves the right (but has no obligation) to do one or more of the following in its discretion, without notice or attribution to you:
(i) monitor and approve Contributions as well as your access to the Site;
(ii) alter, remove, or refuse to post or allow to be posted any Contribution; and/or
(iii) disclose any Contributions, and the circumstances surrounding their transmission, to any third party in order to operate the Site, in order to protect Harness, its suppliers or licensees and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Harness disclaims any responsibility for the Contributions displayed on its Site and assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Contributions or other user information or personalization settings.
5. Acceptable Use
You agree not to use, and not to encourage or allow any third party to use, the Website in the following prohibited ways:
a. Using the Website to encourage (i) any illegal, fraudulent, or abusive activities or (ii) materially interfering with the business or activities of the Company.
b. Buying, selling, or otherwise trading in user names or other unique identifiers on the Website.
c. Sending advertisements, chain letters, or other solicitations through the Website, or use the Website to gather addresses or other personal data for commercial mailing lists or databases.
d. Automating access to the Website, or monitoring the Website, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser.
e. Using the Website to send e-mail to distribution lists, newsgroups, or group mail aliases.
f. Falsely implying that you’re affiliated with or endorsed by the Company.
g. Hyperlinking to images or other non-hypertext content on the Website on other webpages.
h. Removing any marks indicating proprietary ownership from materials you download from the Website.
i. Disabling, avoiding, or circumventing any security mechanism or access restrictions of the Website.
j. Straining infrastructure of the Website with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the Website.
k. Impersonating others through the Website.
l. Encouraging or helping anyone to violate these Terms.
m. Using or trying to use another’s account on the Website without their specific permission.
n. Reverse-engineering the Website in order to find limitations, vulnerabilities, or evade filtering capabilities.
o. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Website or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Website.
p. Transmitting any material, data, or content that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
q. Violating or facilitating the violation of any applicable laws or regulations of any applicable jurisdiction.
r. Using the Website to transmit any material or content that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material or content that Company reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
s. Submitting content to the Website that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others.
t. Submitting content to the Website as a mere placeholder, to hold a particular address, user name, or other unique identifier.
u. Use the Website to disclose information that you don’t have the right to disclose, like others’ confidential or personal information.
The Company may investigate and prosecute violations of these Terms to the fullest legal extent. The Company may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these Terms. The Company reserves the right to change, redact, and delete content on the Website for any reason. If you believe someone has submitted content to the Website in violation of these Terms, please contact us immediately.
7. Your Account
You may need to create and log into an account to use some features on the Website. To create an account, you must provide some information about yourself. If you create an account, you agree to provide, at a minimum, a valid e-mail address, and to keep that address up-to-date. You may close your account at any time by emailing [email protected].
You agree to be responsible for all action taken using your account, whether authorized by you or not, until you either close your account or notify the Company that your account has been compromised. You agree to notify the Company immediately if you suspect your account has been compromised. You are responsible for safeguarding your account, so use a strong password and limit its use to this account.
The Company may restrict, suspend, or close your account on the Website according to its policy for handling copyright-related takedown requests, or if the Company reasonably believes that you’ve violated any of these Terms.
8. Your Rights and Grant of Rights in the Content
By submitting, posting, or displaying content on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your content available to the rest of the world and to let others do the same. You agree that this license includes the right for the Company to provide, promote, and improve the Website and to make content submitted to or through the Website available to other companies, organizations or individuals. Such use by Company, is made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the Website as the use of the Website by you is hereby agreed as being sufficient compensation for the content and grant of rights herein.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you submit, post or display on or through the Website. You agree that such content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the content or material and to grant Company the license described above.
Nothing in these Terms gives the Company any ownership rights in the intellectual property that you share with the Website, such as your account information, posts, or other content you submit to the Website. Nothing in these Terms gives you any ownership rights in any of the Company’s intellectual property including but not limited to the Company’s blog, articles, content, or information.
Between you and the Company, you remain solely responsible for the content you submit to the Website. You agree not to wrongly imply that content you submit to the Website is sponsored or approved by the Company. Additionally, these Terms do not obligate the Company to store, maintain, or provide copies of the content you submit.
When content you submit is removed from the Website, whether by you or by the Company, the Company’s right to use the content ends when the last copy of such content disappears from the Company’s backups, caches, and other systems. Other licenses or rights you apply to the content you submit, such as Creative Commons licenses, may continue after your content is removed. Those licenses may give others, or the Company itself, the right to share your content through the Website again.
You agree to hold harmless, defend, and indemnify the Company from all legal claims related to your content, your breach of these Terms, or breach of these Terms by others using your account. Company agrees to notify you of any legal claims for which you might have to indemnify the Company as soon as possible. If the Company fails to notify you of a legal claim promptly, you won’t have to indemnify the Company for damages that you could have defended against or mitigated with prompt notice. You agree to allow the Company to control the investigation, defense, and settlement of legal claims for which you’re required to indemnify the Company, and to cooperate with those efforts. The Company agrees not to agree to any settlement that admits fault for you or imposes obligations on you without your prior agreement.
Your access to and use of the Website or any content are at your own risk. You understand and agree that the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Company makes no warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or any of the content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Website; and (iv) whether the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Company through the Website, will create any warranty or representation not expressly made herein.
11. Limits on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The Company welcomes your Feedback and suggestions for the Website. See the Contact section below for ways to get in touch with us.
By providing Feedback, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or content (“Feedback”) provided by you is non-confidential and shall become the sole property of the Company. The Company shall have exclusive rights to Feedback, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without notice, acknowledgment or compensation to you.
The Company may terminate these Terms at any time. When the Agreement is terminated, your permission to use the Website will end, however any Contributions made by you may remain on the Website at the sole discretion of Harness.
We may suspend or terminate your account or cease providing you with all or part of the Website at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Website to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Website. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.
Upon termination of these Terms, the terms of this Section 13, and the terms of the following Sections will survive (i.e. still apply): Section 2 (Privacy), Section 3 (Content on the Website), Section 4 (Contributions), Section 5 (Acceptable Use), Section 6 (Enforcement), Section 9 (Indemnification), Section 11 (Limitation of Liability), and Section 14 (General).
These Terms will be governed by and interpreted according to the laws of the State of California without regard to conflicts of laws and principles that would cause the laws of another jurisdiction to apply. Any legal suit, action or proceeding arising out of or related to these Terms or the Website shall be instituted in either the state or federal courts of San Francisco, California, and we each consent to the personal jurisdiction of these courts.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Company’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
You may not assign your Agreement with the Company. The Company may assign your Agreement to any affiliate or successor of the Company. Any attempted assignment against these terms has no legal effect. These terms embody all the terms of agreement between you and the Company about use of the Website. These terms entirely replace any other agreements about your use of the Website, written or not.
You may contact and send questions to the Company regarding these Terms, at [email protected].
The Company may contact you regarding these Terms using the e-mail address you provide for your account on the Website, or by posting a message to the homepage of the Website, or your account page.
We may revise these Terms from time to time. We will try to notify you of material revisions, for example via a Website notification or an email to the email associated with your account. Following such notice, your continued access or use of the Website on or after the effective date of the changes to the Terms constitutes your acceptance of any updates. If you do not agree to any updates, you should stop using the Website.
Effective: October 21, 2022