1. Subscription Agreement.
- This End User Subscription Agreement is a binding legal agreement between you and ConneX Communities (CXC), an Agile ConneX Incorporated company. Subscriptions, installation and/or use of CXC products provided on ConneXCommunities.com signifies that you have read, understood, and agreed to be bound by the terms outlined below.
2. Usage Terms.
- You have access to downloads, upgrades and updates as long as you have an active subscription. Technical Support for active account holders is provided without limits but, is for support of problems or understanding of functions / features with your community site. Technical Support does not cover non CXC developed sites, API connections, etc. Technical Support is not provided for past due or unpaid subscription models. We reserve the right to completely revoke access to ConnexCommunities.com site, account, updates, upgrades and / or Technical Support to anyone who tries to abuse our services.
3. Modification of your Community development by ConneXCommunities.
- You are NOT allowed to make changes to the code, pre-designed layout and functionality of your community site. However, should you need to have some modifications, contact us for help on the best course of action to safely maintain access to our Technical Support and a fully operating community site.
4. Creating Accounts
- Make sure your account information is accurate and that you keep your accounts safe. You’re responsible for your accounts and any activity on them.
5. Signing Up.
- To use our Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and at all times up to date information for your Accounts. We may need to use this information to contact you.
6. Safe Guard.
- Please safeguard your Accounts and make sure others don’t have access to your Accounts or passwords and other authentication credentials (collectively, “passwords”). You’re solely responsible for any activity on your Accounts and for maintaining the confidentiality and security of your passwords. We’re not liable for any acts or omissions by you or anyone else in connection with your Accounts. You must immediately notify us if you know or have any reason to suspect that your Accounts or passwords have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts.
7. Your Content & Data.
- Your User Content & Data Stays Yours. Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, audio, video, fonts, logos, stickers, code and any other materials (“User Content”). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement. User Content includes without limitation content you and your community post to Your Sites.
8. Your License To Us.
- When you provide User Content via your Subscription, you grant CXC (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.
9. Featuring Your Community Site.
We may choose to feature Your Community Site or names, trademarks, service marks or logos included on Your Community Site. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Community Site, or any portion of Your Community Site, including without limitation names, trademarks, service marks or logos on Your Community Site, for the limited purpose of ConneX Communities marketing and promotional activities. For example, we may feature Your Community Site on our website page, Marketing Brochures, Customers sections of our sites or on our social media accounts. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Community Site or names, trademarks, service marks or logos on Your Community Site and any right of inspection or approval of any such use. You can opt out of being featured by contacting firstname.lastname@example.org. This Section does not affect any rights you may have under applicable data protection laws.
10. Your Responsibilities
- You’re responsible for the content you and your community publishes on you Community Site developed by ConneX Communities, and you vouch to us that it’s all okay to use. Please follow our rules and don’t do anything illegal with the services provide to you as a Community Manager. Also keep in mind that what you and your community members upload may be publicly viewable.
- Only Use Content You’re Allowed To Use. You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer and license your User Content via the Services and in the manner set forth in this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others’ intellectual property, trade secret or other rights. Please don’t copy, upload, download or share content unless you have the right to do so.
11. Follow The Law.
- You represent and warrant that your use of the Our Services is in compliance with applicable laws, including without limitation applicable export or import controls and regulations and sanctions.
- This Service let you share User Content including without limitation on social media and the open web, so please think carefully about your User Content. We’re not responsible for what you or your community shares via the Services.
- You must comply with our Acceptable Use Policy (which is incorporated herein by reference). You represent and warrant that your User Content and your use of the Services complies with our Acceptable Use Policy.
12. Your Sites And Your End Users Are Your Responsibility.
- Your Community Site may visitors, customers and users (“End Users”). You understand and agree that (a) Your Community Site and your End Users are your responsibility; (b) you’re solely responsible for providing products, services and support to your End Users; and (c) you’re solely responsible for compliance with any laws or regulations related to Your Community Site and/or your End Users. We’re not liable for, and won’t provide you with any legal advice regarding, Your Community Site or your End Users. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.
- If your use of the Services requires you to comply with industry-specific regulations applicable to such use, such as HIPAA, you will be solely responsible for such compliance, except to the extent ConneX Communities has agreed with you in writing otherwise. You are not permitted to use the Services in any way that would subject ConneX Communities to such industry-specific regulations without obtaining ConneX Communities’ prior written agreement. For example, you may not use any Services to collect, use, disclose, protect or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under US federal regulations) unless your Account for such Services is designated as HIPAA-enabled and you enter into a separate business associate agreement with ConneX Communities.
- With respect to the California Consumer Privacy Act (Cal. Civ. Code §§ 1798.100 – 1798.199), as may be modified from time to time (collectively, “CCPA”), solely if applicable to you and solely with respect to data of your “Consumers” (as defined under the CCPA) which meets the definition of “Personal Information” under the CCPA and for which you are responsible under the CCPA (“Service Provider PI”), the parties agree that ConneX Communities acts as a “Service Provider” and you are a “Business” (as such terms are defined under the CCPA). ConneX Communities and you shall comply with our and your respective obligations under the CCPA. For example, ConneX Communities shall not sell your Service Provider PI or otherwise disclose your Service Provider PI for a commercial purpose. Notwithstanding the foregoing, you agree that in accordance with the CCPA, ConneX Communities may: (a) use Service Provider PI internally to build and improve the quality of the Services; or (b) combine Personal Information of the End Users of you or other Businesses for which ConneX Communities is a Service Provider for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity. This combined Personal Information includes IP addresses, preferences, web pages visited prior to coming to your or another Business’ website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how End Users interact with your or another Business’ website (such as timestamps, clicks, scrolling, browsing times and load times).
13. Third Party Services And Sites.
- ConneX Communities’ Services are integrated with various third party services and applications (collectively, “Third Party Services”) such as our development platforms: WordPress and Elementor. Other examples of Third Party Services include certain domain name registration services, web hosting platforms, eCommerce Payment Processors, and other integrations or extensions, stock images and email service subscriptions for sale via the Services and other integration partners and service providers. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. When using Third Party Services, your security is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).
Miscellaneous: This policy is subject to change at any time, without prior notice. You are responsible for reviewing this policy on a regular basis.your