Terms & Conditions
You are about to enter a website (the “Site“) and/or Application (as defined below) provided by Grafdom (”Grafdom“), which will give you access to valuable nonpublic information pertaining to your company or a company for whom you or your employer provides services (”License Company“) and to Grafdom.
Your access to this site/application is made possible through a license between Grafdom and License Company. The Site, Applications and Content (as defined below) are not available to competitors of Grafdom, and competitors of Grafdom are hereby expressly prohibited from using or accessing the Site, the Applications or the Content, whether or not authorized by License Company. Furthermore, by viewing a demo or entering the Site, you are certifying that you are not a competitor of Grafdom and that you will not share or otherwise disclose the Site, Applications or Content (as defined below) with a competitor of Grafdom.
By accessing or using the Site, Applications and/or Content you agree to be bound by these Terms of Use. In the event that you access the Site, Applications and/or Content pursuant to any agreement between Grafdom and License Company, then your access to and use of the Site, Applications and Content are subject to that agreement and these Terms of Use. In the event of any conflict between these Terms of Use and such a separate agreement, the terms and conditions of the separate agreement will prevail and govern.
Guard Your Password
The password that you use to access the Site, Applications and Content is personal to you. You may not share or disclose your password with anyone, whether within your organization, License Company or otherwise. You are responsible for safeguarding the password, and you agree not to allow any third party to access and use the Site, Applications and/or Content using your password. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Grafdom of any unauthorized use of your password.
Your Use of the Applications and the Content
Omniture authorizes you to access and use the Site, Applications and Content solely for License Company’s internal business purposes and subject to these Terms of Use. You will not permit any third party to access and use the Applications and/or Content, or distribute any Content to any third party other than as authorized by License Company consistent with its obligations to Grafdom. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee of Grafdom. You agree not to use the message boards or any other Applications to report bugs or voice discontent. If you wish to raise a concern regarding the Site, Applications or Content, we encourage you to contact Grafdom directly (not within the message boards).
Grafdom Property
All right, title, and interest in and to the Applications and Content are and will remain the exclusive property of Grafdom and its licensors. Except as expressly permitted in these Terms of Use or as authorized by License Company consistent with its obligations to Grafdom, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Applications or Content. Grafdom owns all property (”Posts”, “Content”) posted to the message boards, blogs, including text, ideas, code, samples, images, etc. Posts and Content in the message boards may NOT be copied, reproduced, transmitted, distributed, or published outside of the message board. Grafdom reserves the right to edit and delete Posts or Content that in any way violates the Terms of Use.
General Prohibitions
You agree not to do any of the following: (i) use any Content, including any personally identifiable information included within the Content, in violation of any rights of any third parties, including such rights arising under any applicable privacy policies or agreements; (ii) use any Content in violation of any applicable law or regulation; (iii) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Applications or Content; (iv) distribute, modify or copy the Applications; (v) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols or labels in the Applications; (vi) use the message boards to send or post messages that are harassing, libelous, defamatory, abusive, threatening, obscene or profane. The promotion of the use of illegal drugs, alcohol, sex, pornography or any other form of adult content, profanity, hate, “spamming”, fraud, racism, or any illegal activity is not allowed; derogatory comments directed at individuals (including public figures) or corporations (including Grafdom or any Grafdom clients) will not be tolerated); (vii) use the message boards to post illegal material, including text, graphics, video, programs or audio; (viii) use the message boards to advertise business or solicit for products and/or services; (ix) use the message boards or any personal information found here (including but not limited to names and email addresses) for spamming, chain letters, solicitations (commercial or non-commercial), bulk mail (including distribution lists), etc. You agree not to provide Grafdom competitors with any Post information or personal information (including but not limited to names and email addresses). Grafdom will have the right to investigate and prosecute violations of any of the above. Grafdom may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Grafdom has no obligation to monitor your access to or use of the Site, Applications or Content, but has the right to do so for the purpose of providing the Site, Applications and Content, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Termination If you violate any of these Terms of Use, your permission to use the Site, Applications and Content will automatically terminate.
Use the Applications and Content at Your Own Risk
Your access to and use of the Site, Applications and Content is at your own risk. Grafdom 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 Site, Applications or Content. Grafdom does not guarantee the accuracy or validity of Posts or Content. Grafdom is not responsible for any Posts or Content disseminated through the message boards.
Indemnity
You agree to defend, indemnify, and hold harmless Grafdom, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees), arising out of your violation of these Terms of Use.
Limitation of Liability
Grafdom 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 site, applications or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Grafdom has been informed of the possibility of such damage.
