These Rules of Engagement (the “Rules”) govern your access and use of the CyberArk Community Portal (the “Portal”). By accessing and using the Portal, you agree that you are subject to and will comply with the rules set forth below.
• Your Access to the Portal: In order to access and use the Portal, you must have login credentials (username and password). Login credentials are issued by CyberArk to users who have previously shared their contact information with CyberArk. You are responsible for maintaining the confidentiality of your login credentials, and you assume all liabilities and responsibilities for any and all activities that occur on your behalf in the Portal. You agree that your first name and last name, and any other information you elect to make public, together with your Portal activity may be publicly displayed on your Portal account. If CyberArk, in its sole discretion, determines that you have acted inappropriately and/or not in accordance with these Rules, CyberArk reserves the right to take down content, terminate or suspend your access to all or any part of the Portal.
• Your Use of the Portal: By posting content on the Portal, you agree to allow anyone with access to the Portal to access and view the content you post, including third parties who are not participants but who view the users’ content on the internet, without royalties or restrictions, in whole or in part and for any purpose. CyberArk has no obligation to keep your content confidential, and may publish or otherwise publicly disclose your content in any existing or later developed media. You agree that any discussion you initiate or participate in, or content you post on the Portal will be related only to CyberArk products. You agree to use the Portal only in accordance with these Rules, for its intended purpose and in compliance with all applicable laws and government regulations. CyberArk is under no obligation to post or use any content provided by users and CyberArk may reject, decline to post, or remove any content for any reason or no reason, at any time at its sole discretion. CyberArk is under no obligation to acknowledge or review the content that you post on the Portal, or otherwise respond to you in any way regarding your content. CyberArk assumes no responsibility or liability over the sharing of content among Portal users. If you post a request on the Portal, CyberArk may, in its sole discretion, comment on the request by affixing a status to the request. CyberArk is under no obligation to develop, implement, release or use any requested enhancement or feature, regardless of whether CyberArk affixed a status to such request or not.
If you post any content on the Portal, you are solely responsible for retaining a back-up copy of such content. CyberArk is not responsible for any alterations, deletions or loss of any content you post to the Portal.
You shall not:
- post or link to any content that contains false or deceptive language, unsubstantiated or comparative claims regarding CyberArk and CyberArk’s products.
- use abusive, obscene, defamatory or offensive language, images, or links.
- post content that is or may be considered a security vulnerability or malfunction of CyberArk’s products or that may be exploited by others and cause or may cause harm to CyberArk’s products and/or customers. Any CyberArk security vulnerability must be reported directly to CyberArk by either sending an e-mail or logging a case.
- post any content on the Portal containing promotion, advertisement, commercial referrals, solicitation for goods or services, nor may you spam other users in any manner.
- disclose on the Portal any information which would constitute a violation of any confidentiality obligations you may have.
- post content if you do not own all the rights to that content, or if another rights holder has not given you permission to do so. You shall not use the Portal in a way that infringes on anyone’s rights, including proprietary know-how, trade secrets, or other intellectual property and you shall not post content that contains photos, software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have rights to these materials.
- compile and/or use Portal members’ personal information that may appear in the Portal.
- access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Portal.
- post or link to any codes or computer programs that contain destructive features, such as viruses, worms or Trojan horses.
• Third Party Links: The Portal may contain links to third party sites (either provided by CyberArk or by the Portal users). Such linked sites are not under CyberArk’s control and CyberArk is not responsible for, nor endorse, the content of any linked site or any link contained in a linked site. CyberArk reserves the right to remove any links at any time.
• Intellectual Property: Your submission and its contents automatically become the property of CyberArk, without any compensation of any kind owed to you. CyberArk may, in its sole discretion, elect to develop and market products, services or applications that incorporate feature requests that you submit on the Portal, and you agree not to make any claims against CyberArk or anyone using a product or service marketed by CyberArk related to the development and offering of such products, services or applications whether your feature requests are adopted, not adopted or adopted but modified in any product, service or application. The foregoing CyberArk’s rights will remain in force even if you stop using the Portal.
Using the Portal does not grant you ownership of any intellectual property rights to the content you access and view. You may not use content from the Portal unless you obtain permission from CyberArk or its owner, or unless you are otherwise permitted by law.
• No Warranty: The Portal and content posted on the Portal is provided “as-is,” exclusive of any express or implied warranties whatsoever. CYBERARK DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CYBERARK IS NOT RESPONSIBLE FOR USER CONTENT OR THE ACCURACY OF ANY USER CONTENT POSTED. PARTICIPANTS SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT THEY POST. USER CONTENT, INCLUDING WITHOUT LIMITATION ANY CONTENT POSTED BY A CYBERARK EMPLOYEE OR REPRESENTATIVE, DOES NOT REPRESENT THE VIEWS OR OPINIONS OF CYBERARK, AND SUCH CONTENT WILL NOT CREATE ANY OBLIGATION ON THE PART OF CYBERARK.
• Limitation of Liability: You agree that you bear all risks associated with using or relying upon content on the Portal. IN NO EVENT SHALL CYBERARK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, ARISING FROM YOUR USE OF THE PORTAL, EVEN IF CYBERARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT THAT CYBERARK MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF WARRANTY AND THE EXTENT OF CYBERARK’S LIABILITY SHALL BE LIMITED AT ALL TIMES TO THE AMOUNT PAID, IF ANY, BY YOU TO CYBERARK FOR YOUR ACCESS AND USE OF THE PORTAL.
• Indemnity: You agree to indemnify, release, and hold CyberArk, its subsidiaries, affiliates, officers, agents, employees and subcontractors harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any content you post on the Portal.
• Modification to the Rules: CyberArk may change these Rules at any time and without notice. By continuing to use or log-in to the Portal after these Rules have changed, you indicate your agreement to the revised Rules. If you do not agree to the changes, you should stop using or logging-in to the Portal.
• Governing Law: These Rules are governed by and construed in accordance with the laws of Israel, without regard to its conflict of laws rules. You expressly and irrevocably agree that the exclusive jurisdiction for any claim or dispute under these Rules resides in the competent courts located in Tel Aviv, Israel.
• Severability: In the event any provision of these Rules is held to be invalid or unenforceable, the remaining provisions of these Rules shall remain in full force and effect.
• Relationship of the Parties: Nothing in these Rules shall be construed to create a partnership, joint venture, or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf.
• Information and Notices: You agree that CyberArk may send you information and notices regarding the Portal or your Portal account, by email, by posting notices on the Portal or by other means based on the information you provide to CyberArk.
• Entire Agreement: These Rules constitute the complete and exclusive agreement between the parties concerning the Portal and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of these Rules. If CyberArk should waive any breach of any provision of these Rules, it shall not be deemed to have waived any preceding or succeeding breach of the same or any other provision hereof.