Terms of Use
Please read this document carefully before accessing the content on this web site.
By accessing or using this web site, or any services provided in connection with the web site (together, the “Services”) you agree to be bound by the terms and conditions set forth below (these “Terms of Use”). If you do not wish to be bound by these Terms of Use, do not access or use the web site.
Responsys may amend these Terms of Use from time to time at its sole discretion. Responsys will post a notice on the web site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the web site and cease all use of the Services.
You agree that by using the Services you represent that you are at least 18 years old and that you are legally able to enter into this Agreement.
PRIVACY POLICY
Responsys respects your privacy and permits you to control the treatment of your personal information. A complete statement of Responsys’ current privacy policy can be found by clicking here. Responsys’ privacy policy is expressly incorporated into this Agreement by this reference. You agree to comply with all applicable laws and regulations, and the terms of Responsys’ Privacy Policy, with respect to any access, use and/or submission by you of any personal information in connection with this web site
DESCRIPTION OF CONTENT
Through this web site, Responsys may make certain content and resources available to you, including, but not limited to photographs, graphics, video, software, data, and other materials), and resources (including, for example, download areas, corporate information, communication capabilities and product information, and various other services and features) (such content and resources collectively referred to herein as "Content"). Your access to and use of the Content including any updates, enhancements and new features thereof, are subject to these Terms of Use.
LIMITATIONS ON USE
The Content are your individual informational, non-commercial purposes only. Responsys retains full and complete title to the Content as well as all intellectual property rights therein. You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, modify, decompile, reverse engineer or create derivative works of the Content, in whole or in part, by any means or otherwise violate any term, condition or restriction in these Terms of Use.
MATERIALS SUBMITTED BY YOU
Unless specifically requested, Responsys does not solicit nor do we wish to receive any confidential, secret or proprietary information or materials from you through the web site, by email or in any other way. By submitting any information or material to us (including, for example and without limitation, that which you submit or via the registration process, send to us via email or provide through direct communications with Responsys) ("User Materials") you are granting Responsys a license to use User Materials in connection with the operation of the business of Responsys in any manner consistent with Responsys’ Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any User Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
AFFILIATED SITES
Responsys has no control over, and no liability for any third party web sites or materials. Responsys works with a number of partners and affiliates whose Internet sites may be linked with the web site. Because neither Responsys nor the web site has control over the content and performance of these partner and affiliate sites, Responsys makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites. Responsys assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the web site, you may have access to content items (including, but not limited to, web sites) that are owned by third parties. You acknowledge and agree that Responsys makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
PROHIBITED USES
As a condition of your use of the web site and the Content, you will not use the web site or the Content for any purpose that is unlawful or prohibited by these Terms of Use. You are prohibited from violating or attempting to violate any security features of the Web site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) inserting your own or a third party's advertising, branding or other promotional content into any of the Content; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Responsys in providing the Web site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
COPYRIGHT INFRINGEMENT
Responsys has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the web site or within the Services. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated you must provide the complete details to Responsys:
Attention:
General Counsel
900 Cherry Avenue, 5th Floor
San Bruno, CA 94066
Fax: (650) 745-1701
CLIENTS
If you are a client of Responsys, your usage of this Web Site or Resources also may be subject to the terms of a license or other agreement between your Responsys and Responsys (your “Client Agreement”). You should refer to that Client Agreement in addition to these Terms of Use with regard to your use of this Web Site and the Content.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. RESPONSYS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. RESPONSYS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEB SITE.
RESPONSYS MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEB SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEB SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEB SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY LAW, RESPONSYS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE, EVEN IF RESPONSYS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEB SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEB SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Responsys and its directors, officers, employees and agents from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the web site, your placement or transmission of any message, content, information, software or other materials through the web site, or your breach or violation of the law or of this Terms of Use. Responsys reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Responsys’ defense of such claim.
COPYRIGHT NOTICE
Copyright ©2007 Responsys, Inc., 900 Cherry Avenue, San Bruno, CA 94066. All rights reserved.
Responsys®, the Responsys logo, and Responsys Interact® are registered trademarks of Responsys Corporation with the U.S. Patent and Trademark Office, as well as various international countries. Interact Campaign, Interact Connect, Interact Exchange, Interact Insight, Interact Program, Interact Team, Deliver Your Difference, Individualized Lifecycle Marketing and Deliver Your Difference are trademarks of Responsys Corporation. All other trademarks are the property of their respective owners.
ENTIRETY OF AGREEMENT, CHOICE OF LAW AND FORUM
Except as referenced with respect to Responsys clients and their Client Agreement, these Terms of Use constitutes the entire agreement between Responsys and you with respect to your use of the Web Site. If for whatever reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
The Terms of Use are governed by and interpreted under the laws of the State of California, without reference to its conflict of interest principles. Responsys makes no representation that Content at this web site are appropriate or available for use at other locations outside of the United States and if you access to this Web Site from a location outside of the United States, you are responsible for compliance with all local laws. Any disputes arising under or relating to the Web Site or Terms of Use shall be resolved by an arbitration panel according to the commercial arbitration rules of the American Arbitration Association, which arbitration shall take place in San Mateo County, CA; however, to the extent there is potential imminent harm, a party may seek injunctive relief necessary to prevent such harm in the applicable Federal or California state courts in San Mateo County, CA and each party agrees to be subject to the personal jurisdiction of such court. You further agree that, to the extent permitted by law, to waive any right you may have to commence or participate in any class action or class-wide arbitration against Responsys.
ACKNOWLEDGEMENT
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
