Last Updated: January 18, 2013
Content; Blogs, Message Boards, and Other Services; Ownership
You agree not to use the blogs, message boards or any other part of the Services to: (i) send or post messages that are harassing, libelous, defamatory, abusive, threatening, obscene or profane (note that “masked” vulgarity, obscenity, or profanity such as “f*ck” is considered equivalent to the actual objectionable word and is not allowed); (ii) promote the use of illegal drugs, alcohol, sex, pornography or any other form of adult content, profanity, hate, “spamming”, fraud, racism, or any illegal activity; (iii) send or post derogatory comments directed at individuals (including public figures) or corporations (including Domo or any Domo customers); (iv) send or post messages that include illegal or infringing material, including text, graphics, video, programs or audio; (iv) advertise business or solicit for products and/or services; (v) spam, solicit (commercial or non-commercial), promote chain letters, or the like; or (vi) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
Content from the blogs, message boards and other parts of the Services may NOT be copied, reproduced, transmitted, distributed, or published outside of the blog or message board, except by Domo. Content is strictly for your use within the blogs, message boards or other parts of the Services, or any Domo-approved material. You agree not to provide Domo competitors with any message/post information, personal information, or other Content (including but not limited to names and email addresses) from the message boards.
The Services allow you and other users to submit, post, and share content with other users, which may include without limitation text, photographs, pictures, images, audiovisual works, comments, or any other content submitted by you and other users on or through the Services feedback (“User Submissions”). User Submissions also include, without limitation, any comments, bug reports, feedback, or modifications proposed or suggested by you for the Services. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Domo, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Services.
You retain all your ownership rights in original aspects of your User Submissions. By submitting your User Submissions, you hereby grant Domo and its affiliates, sublicensees, partners, designees, and assignees (collectively, the “Domo Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof for any purpose whatsoever, including, without limitation, for marketing, promoting, and/or redistributing part or all of the Services (and derivative works thereof) and any other products and services offered by Domo Licensees, in any media formats and through any websites, media channels or other means now known or hereafter discovered or developed.
Your access to, and use of, the Services may give you access to information that is confidential to Domo, its wholly owned subsidiaries or its affiliates, or the respective companies’ information represented within the Content (“Confidential Information”). Such Confidential Information includes, but is not limited to, product proposals, technological processes, product forecasts, trade secrets, preproduct designs, pricing information, software designs, hardware or system designs, technology specifications, source code, object code, graphic designs, report templates, proprietary financial information, systems architecture, and systems functionalities. Confidential Information also includes all copies, summaries and extracts of any Confidential Information. Confidential Information does not include information that you can demonstrate (i) is or becomes a part of the public domain through no act or omission of yours; (ii) was rightfully in your possession without restriction on disclosure prior to the disclosure and had not been obtained by you either directly or indirectly from the Domo; or (iii) is rightfully disclosed to you by a third party without restriction on disclosure..
You agree to use commercially reasonable care (but in no case less care than you use to protect your own Confidential Information) to prevent the disclosure of the Confidential Information to any third party. You may disclose Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, however, that you first have given sufficient and prompt written notice to Domo of the receipt of any subpoena or other request for such disclosure; and have made a reasonable effort to obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued.
Links and Third Party Content
Restricted Areas of the Site
Certain areas of the Services may be password-restricted to registered users or other authorized persons. You agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Domo if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Domo of any unauthorized use of your account or any other breach of security in relation to your password or the Services that is known to you.
Limitations on Liability
DOMO AND ITS SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DOMO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF DOMO AND ITS SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100 AND THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES DURING THE TWELVE MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO the LIABILITY. These limitations will apply even if any limited remedy has failed of its essential purpose. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DOMO, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DOMO, DOMO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Disclaimer of Warranties
Your access to and use of the Services is at your own risk. Domo will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. Domo does not guarantee the accuracy or validity of any Content. Domo is not responsible for any User Submissions or other Content provided by any third party. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DOMO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
DOMO MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DOMO MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES.
Modifications to the Services; Termination; Enforcement
Domo reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Services without notice. Domo will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any portion of the Services.
Domo also reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to the Services at any time, for any or no reason, with or without prior notice, and without liability.
By using the Services, you represent and warrant that you are at least 18 years of age or have reached the age of majority in your jurisdiction.
Controlling Law and Jurisdiction
Domo respects the intellectual property rights of others and in accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. Domo will respond expeditiously to claims of alleged copyright infringement that are reported to it.
If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to the Domo Legal Department. Upon receipt of Notice as described below, Domo will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the relevant website where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to the Domo Legal Department:
772 E. Utah Valley Parkway
American Fork, UT 84003
Attention: Legal Dept.