Last Revised: May 22, 2016
JFrog Inc. and its affiliates (“JFrog”, “Company”, “our” or “we”) welcome you to our website at: https://bintray.com/ (the “Site”) (“User” or “you”). Our Site includes a platform for developers to publish, download, upload, store, promote and share various types of files (the “Platform”). Within our Platform, which is an online cloud repository, we provide you certain features and services, such as make available for others various types of files (the “Service”, as further detailed below). It is hereby made clear that the term “Site” shall include the “Platform” and the “Services” provided therein. The Users of the Site are invited to use the Site in accordance with the terms and conditions hereunder.
- Acceptance of the Terms
- The Site
The Company may (but has no obligation to) provide certain Users with the Premium Services for a trial period determined by the Company, free of charge (the “Trial Account” and “Trial Period”, respectively). During the Trial Period, the Company will make available to Users who opened a Trial Account several or all of the Premium Services. To the extent that the User chooses not to register as a Premium User at the end of the Trial Period, then any Premium Content which was uploaded by the User during such period and any data and information related to the Premium Content (including without limitation, Metadata) will be deleted. A User may not open a Trial Account more than once. However, the Company may decide at its discretion if and when to enable specific Users to use a Trial Account more than once. In any event, the Company may decide for any reason and at its sole discretion: (i) to block certain Users from opening a Trial Account; and/or (ii) to terminate Trial Accounts before the end of the Trial Period. YOU AGREE AND ACKNOWLEDGE THAT JFROG SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY WITH RESPECT TO, OR IN CONNECTION WITH THE TERMINATION OF THE TRIAL ACCOUNT AND/OR LOSS OF ANY DATA.
(Collectively, the “Services”)
The Site also provides you with additional resources such as blogs, public forums, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features available on or through the Site (collectively, the “Content”). The Terms do not convey to you any interest in or to the Site’s Content but only a limited revocable right to use the Content in accordance with the provisions set forth in these Terms.
TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE (INCLUDING WITHOUT LIMITATION THE PLATFORM AND THE SERVICES PROVIDED THEREIN) AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS.
JFROG DOES NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT CONTAINED IN THE SITE, THE PREMIUM CONTENT, THE CONTRIBUTIONS, THE METADATA, THE USER GENERATED CONTENT (AS SUCH TERM IS DEFINED BELOW) NOR DOES IT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH SUCH ACTIONS. YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE PLATFORM AND THE SERVICES PROVIDED THEREIN) AND/OR CONTENT AND/OR THE USER GENERATED CONTENT AND/OR PREMIUM CONTENT, THE CONTRIBUTIONS AND/OR THE METADATA AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
- Registration and Subscription Fees
- Use Restrictions
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your Account and may expose you to civil and/or criminal liability under any applicable jurisdiction.You may not, whether by yourself or anyone on your behalf, unless otherwise explicitly permitted under these Terms: (i) use the Site in any way to distribute or link to spam or unsolicited mail or similar conduct; (ii) use the Site if you reside in a jurisdiction where your use of the Site may be illegal or otherwise prohibited. You hereby represent and warrant to the Company that you (or your competent legal custodian, as applicable) shall be fully responsible and liable to determine whether your use of the Site is lawful and whether you comply with all applicable laws and terms; (iii) use the Site and/or the Content and/or User Generated Content and/or the Contributions and/or the Premium Content for any illegal, immoral, unlawful and/or unauthorized purposes; (iv) copy, modify, alter, adapt, make available, replicate, translate, port, reverse engineer, decompile, or disassemble any portion of the Site (including without limitation the Content available therein) in any way or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use the Content available therein; (v) create a browser, frame, border environment or GUI around the Site; (vi) frame, scrape or mirror any part of the Site (including without limitation the Content available therein) without JFrog’s prior express written authorization; (vii) create a database by systematically downloading and storing all or any of the Content from the Site; (viii) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (ix) post or upload any content which is harmful or calls for harmful actions to you and/or others or which are dangerous to your and/or anyone else’s health, well-being or life, whether certain, potential or unexpected; (x) stalk, threaten, harass, invade the privacy, or reveal other Users’ personal information. We also condemn any hateful expression such as attacking, demonizing or demeaning anyone for any reason, including without limitation whether based on age, racial or ethnic origin, religion, disability, gender and/or sexual orientation; (xi) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect data and information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device, process or method to access the Site and/or retrieve index and/or data-mine information; (xii) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Company endorses you, your website, your business or any statement you make, or present false information about the Company and/or the Site; (xiii) copy, share, post, modify, translate, license or sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any Contribution and/or any information and content related thereto to another recipient or otherwise use such content for any purpose, other than in compliance with the applicable license under which such Contribution was made available by its applicable author(s); (xiv) post or upload content which its primary purpose is to (or attempt to) view, transmit for real-time viewing, distribute or link to any illegal, illicit or unlawful digitally transmitted material (such as pirated content) via the internet; (xv) transmit, distribute, display or otherwise make available through or in connection with the Site and/or the Platform any content, including any Contribution and/or Premium Content and/or User Generated Content (as defined below), which may infringe third party rights, including Intellectual Property Rights (as defined below), attribution, publicity, privacy and/or copy rights, or which may contain any unlawful content; (xvi) transmit or otherwise make available any Contribution and/or Premium Content in connection with the Site which contain any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (xvii) take any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our Platform infrastructure; (xxviii) bypass any measures we may use to prevent or restrict access to the Platform and/or any part thereof; (xix) post adult, illegal, rude, abusive, improper, copyright protected, spam or violent content; (xx) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (xxi) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of JFrog or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (xxii) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to JFrog’s proprietary rights, including JFrog’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms and/or under any applicable laws which expressly permits such actions; (xxiii) make any use of the Content on any other site or networked computer environment for any purpose without JFrog’s prior written consent; (xxiv) post or upload content which its primary purpose is to (or attempt to) circumvent, disable or otherwise interfere with any security related features protecting proprietary and/or copyrightable works; and/or (xxv)access the Site in order to build a competitive solution or to assist any third party to build a competitive solution (xxvi) infringe and/or violate any of the Terms (xxvii) in connection with Contributions, upload and/or store on the Site continuous integration artifacts or nightly builds, (i.e. you may only upload and store content in direct connection to official software releases).In addition, you warrant that the execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject.
- Intellectual Property Rights
The Site (including without limitation, the Content available therein, the Services and/or the Platform) and the Company’s proprietary assets and any and all intellectual property right pertaining thereto (other than User Generated Content, Premium Content, Contributions and the Metadata), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, service marks and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.To the extent you provide any feedbacks, comments or suggestions to JFrog via the Site (“Feedback”), JFrog shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any JFrog current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.Further, you warrant that your Feedback is not subject to any license terms that would purport to require JFrog to comply with any additional obligations with respect to any JFrog current or future products, technologies or services that incorporate any Feedback.
The Contributions and the Premium Content (including without limitation the Metadata related thereto) and all text, software, information, images and other materials provided with respect thereto remain, at all times, the valuable intellectual property of their respective authors and are made available on or thorough the Site solely for your own personal lawful use in accordance with the applicable terms, conditions and licenses under which such Contributions were made available to you. You are solely responsible to thoroughly review the terms and conditions of the applicable licenses, terms, conditions, intellectual property rights notices, information and restrictions contained in or provided with respect to any Contribution and Premium Content. You are solely responsible for your use of any Contribution and Premium Content made available through the Site. You hereby warrant that you will not infringe or violate any of the licenses related to any of the Contributions and Premium Content and you undertake to comply with all relevant licenses (including as applicable, free and open source licenses) intellectual property rights notices, information and restrictions contained in or provided with respect to any such Contributions, Premium Content and/or the content provided thereunder.
- Trademarks and Trade Names
“JFrog”, “www.jfrog.com”, “jfrog.com“, “Bintray”, “www.bintray.com”, ”bintray.com”, “dl.bintray.com”, “Artifactory”, Company’s logo(s) and all other proprietary identifiers used by the Company in connection with the Site (including without limitation the Service and Platform available therein) (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or through the Site (including without limitation the Service and Platform available therein) belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect to the Company Trademarks or the Third Party Marks, and therefore you will avoid using any of those marks, except as permitted herein.
- User Generated Content
The Site allows you to link to, post, publish and make available through it, your own copyrightable materials such as descriptions of your Contributions and/or Premium Content, readme files related thereto, as well as to rate, and upload comments and participate in discussions on the Site (collectively, the “User Generated Content”). As long as your User Generated Content is subject to the applicable copyright law and/or third-party license, such User Generated Content shall remain at all times, and to the extent permitted by law and/or third-party license, your sole and exclusive property. You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material in any way. Please be sure that while you use the Site you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the Site. You hereby further acknowledge and agree that the User Generated Content which you publicly display on the Site is non-confidential. You expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles.You represent and warrant that you have (and will continue to have) all necessary licenses, rights, consents, and permissions which are required to use and to enable us to use your User Generated Content and that such User Generated Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights). You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Company to use or possess in connection with the Site, including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent. Do not post or upload any User Generated Content which depicts minors in a sexual manner. Although the Company has no obligation to screen, edit or monitor any of the User Generated Content, the Company explicitly reserves the right at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Site at any time and for any reason, and you are solely responsible for creating backup copies of your User Generated Content and replacing any User Generated Content you post or store on the Site at your sole expense.JFrog will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content. JFrog takes no responsibility and assumes no liability for any User Generated Content uploaded, linked, posted, published and made available by you or any third party in the Site, or for any loss or damage thereto, nor is JFrog liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter.
- License to User Generated Content
As long as your User Generated Content is subject to any applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property we do not claim ownership of your User Generated Content. However, we do need certain licenses to your User Generated Content in order to operate and enable the Services and the Site. When you upload, post, publish or make available User Generated Content on the Site, you (i) grant the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to transmit, display, make available to other Users the User Generated Content solely as necessary in order to provide the Services and/or future related services. In addition, you hereby waive your moral rights with respect to your User Generated Content, solely in connection with our use of such User Generated Content as described hereunder; and (ii) grant each User of the Site a non-exclusive and royalty-free license to access your User Generated Content through the Site solely subject to the applicable license terms attached to the applicable User Generated Content.It is hereby agreed that JFrog retains the right to store the open source material which the User uploads to his/her Account and, in certain circumstances, to continue making it available to other Users, even if the User decides to remove such open source material from his/her Account and/or terminates his/her Account.THE COMPANY SHALL NOT BEAR ANY LIABILITY FOR ANY USE BY ANY THIRD PARTY OF THE USER GENERATED CONTENT
- Interactive Areas
The Site also acts as a platform for discussing, reviewing, commenting, recommending, messaging other Users, and giving feedback with respect to other User’s Contributions and Premium Content and/or our Content available in the Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. As a provider of Interactive Areas, JFrog is not liable for any statements, representations or User Generated Content provided by its Users in such Interactive Areas. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing restrictions specified in these Terms constitutes violation of these Terms and may result, inter alia, in termination or suspension of your rights to use the Interactive Areas and/or the Site.
- Linking to the Site and Links to Third Party Websites
- Changes to the Site and the Services Provided therein
JFrog reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that JFrog shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein.It is hereby clarified that as part of the Services we may choose to provide you, in our sole discretion, with additional features for a reduced fee or otherwise free of charge. These additional features may, at any time, be removed, altered or modified by JFrog, at its sole discretion and without giving you any prior notice. You agree and acknowledge that JFrog does not assume any responsibility with respect to, or in connection with any of its decisions to remove, alter of modify these additional features.
The Site’s availability and functionality depends on various factors, such as communication networks. The Company does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free. The Company explicitly states, and you hereby acknowledge, that no representation or guaranty is given with regards to the availability of the Site and/or any Contribution and/or the Premium Content available therein. Premium Users may be eligible to receive certain compensation for certain downtime events, as specified in Section 15 below.
- Compensation for Downtime Events
The following definitions apply to these Terms:
- “Downtime” means, solely for the Premium Service of “Downloads” and “REST API”, if there is more than a five percent (5%) user error rate. Downtime is measured based on our online server side error rate.
- “Downtime Period” means, for a domain, a period of ten consecutive minutes of Downtime, excluding any Scheduled Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.
- “Monthly Uptime Percentage” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month.
- “Scheduled Downtime” means those times where JFrog notifies its Users of periods of Downtime at least three days prior to the commencement of such Downtime. Scheduled Downtime is not considered Downtime for purposes of this Section, and will not be counted towards any Downtime Periods“.
- “Service Credit” means the following:
Calendar Days of Service added to the end of the Service term, at no charge to the User
Monthly Uptime Percentage
Between 99.0% – 99.9% (inclusive)
Between 90.0% (inclusive) – 99.0%
If the Monthly Uptime Percentage is less than or equals 99.9%, Premium Users will be eligible to receive the Service Credits as detailed in the table above. In order to receive any of the Service Credits described above, the Premium User must notify JFrog within thirty (30) days from the time he/she becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit such Premium User’s right to receive Service Credits.
The aggregate maximum number of Service Credits to be issued by JFrog to a Premium User for any and all Downtime Periods that occur in a single calendar month shall not exceed thirty (30) days of Service added to the end of such Premium User’s term for the Service. Service Credits may not be exchanged for, or converted to, monetary amounts.
PREMIUM USER HEREBY ACKNOWLEDGES AND AGREES THAT THIS SECTION STATES HIS/HER SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY JFROG TO PROVIDE THE SERVICE.
Premium Users will be entitled to receive technical support and assistance by sending JFrog an e-mail which indicates the technical problem. Each request for support will be answered by JFrog within twenty four (24) hours following JFrog’s receipt of such e-mail. JFrog will use commercially reasonable efforts to resolve the problems. However, JFrog does not guarantee that problems will be fixed (in any specific time frame or to the Premium User’s satisfaction).It should be noted that when the Premium User is an organization – only the individual which was classified as the “admin” within the organization’s Account will be entitled to receive the support services specified above.
- Disclaimer and Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, SERVICES, PLATFORM, INCLUDING WITHOUT LIMITATION ANY CONTENT, CONTRIBUTION, PREMIUM CONTENT, USER GENERATED CONTENT, METADATA, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND JFROG, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “JFROG’S REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.WE DO NOT WARRANT (I) THAT THE SITE (INCLUDING WITHOUT LIMITATION THE PLATFORM AND THE SERVICES AVAILABLE THEREIN) AND/OR PREMIUM CONTENT AND/OR ANY OF THE CONTRIBUTIONS WILL BE UNINTERRUPTED OR ERROR-FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS; (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, AND (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE (INCLUDING WITHOUT LIMITATION THE PLATFORM AND THE SERVICES AVAILABLE THEREIN) AND ANY CONTRIBUTION AND/OR PREMIUM CONTENT AVAILABLE THEREIN, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE (INCLUDING WITHOUT LIMITATION THE METADATA, CONTRIBUTION AND/OR PREMIUM CONTENT). THE COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE SITE (INCLUDING WITHOUT LIMITATION THE PLATFORM AND THE SERVICES AVAILABLE THEREIN) AND/OR ANY AND ALL CONTENT AND INFORMATION PROVIDED THROUGH THE SITE FOR A CERTAIN PURPOSE OR ANY PURPOSE AT ALL.WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN JFROG.WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
THE COMPANY DOES NOT ENDORSE ANY USER, WEBSITE, OR PRODUCT MENTIONED IN ANY USER GENERATED CONTENT.
YOU AGREE THAT USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE PLATFORM AND THE SERVICES AVAILABLE THEREIN) AND/OR THE CONTENT AND/OR THE CONTRIBUTION AND/OR THE PREMIUM CONTENT AND/OR THE USER GENERATED CONTENT IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
- Limitation of Liability
YOU HEREBY ACKNOWLEDGE AND AGREE THAT COMPANY OPERATES THE SITE AS A MERE VENUE. THE USE OF THE SITE OR ANY PART THEREOF (INCLUDING WITHOUT LIMITATION THE SERVICE AND/OR THE PLATFORM AVAILABLE THEREIN) IS SOLELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL JFROG, INCLUDING JFROG’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION AND/OR DEFAMATORY) RESULTING FROM OR ARISING OUT OF THE SITE (INCLUDING WITHOUT LIMITATION THE SERVICE AND/OR THE PLATFORM AVAILABLE THEREIN), OR THE USE OR INABILITY TO USE THE SITE (INCLUDING WITHOUT LIMITATION THE SERVICE AND/OR THE PLATFORM AVAILABLE THEREIN), RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF JFROG TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF JFROG BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY OR JFROG’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, JFROG’S AND JFROG’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO JFROG FOR USE OF THE SITE OR $US20.00, WHICHEVER IS GREATER. COMPANY HEREBY FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO THE USE BY ANY THIRD-PARTY INFORMATION, WHETHER PERSONAL OR OTHER, AND/OR CONTRIBUTIONS AND/OR PREMIUM CONTENT YOU HAVE MADE PUBLICALLY AVAILABLE ON OR THROUGH THE SITE.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless JFrog and JFrog’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your unauthorized use of the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party in connection with your use of the Site; (iv) your violation of any term of the license(s) applicable to any Contributions you may have used and/or accessed on or through the Site; (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or the Contribution and/or Premium Content you uploaded to the Site; (vi) the User Generated Content that you uploaded through the use of the Site; (vii) uploading any Premium Content which is unlawful for you to possess, post, link or upload in the country in which you are resident, or which it would be unlawful for JFrog to use or possess in connection with the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
- Misconduct and Copyright Agent
We care for your safety. If you believe a User acted inappropriately including but not limited to offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to our Misconduct Agent at email@example.com or use the “report button” which may appear next to the User Generated Content and/or Contribution and/or the Premium Content.The Company respects the intellectual property rights of others. However, the Site and the Services available therein may include information collected from the Internet. The Company cannot and does not monitor or review every item made available on or through the Site and/or any source thereof, including any and all Contributions, User Generated Content, Premium Content and the Metadata content and information related thereto. If you, as either User, software designer, contributor and/or third party publisher, believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.The Company’s Copyright and Misconduct Agent can be reached at:
- Amendments to the Terms
The Terms, including any other policies incorporated thereto, may be revised by the Company, at its sole discretion and updated from time to time so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
- Termination or Suspension of your Account, Termination of these Terms and the Termination of the Site’s operation
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your Account and these Terms. In the event of your failure to comply herewith JFrog may immediately block your access to the Site and/or temporarily or permanently limit, suspend or terminate your Account in addition to any other remedies that may be available to JFrog under any applicable law. Such actions by us may be taken if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is a threat to the security or integrity of our network or our servers; (b) suspension is needed to protect the rights, property or safety of JFrog, its Users or the public; (c) there is a basis for termination of your Account; (d) you have violated these Terms; and/or (e) we are required to by law. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Site, you may terminate these Terms at any time by stopping your use of the Site and this will be your sole remedy in such circumstances.You acknowledge and agree that the Company may remove any Contribution from your Account with or without any reason, and under the Company’s sole discretion. The Company may remove the Premium Content from your Account in the event that you have breached the Terms.You acknowledge and agree that in connection with Contributions, in the event that your usage exceeds the usage deemed reasonable by Company, and you do not upgrade your account to a Professional Plan, Company reserve the right (at its sole discretion) to immediately disable your account or limit certain access to the Site until you can reduce your usage per Company’s instructions, which may be updated form time to time or until you upgrade your account to a Professional Plan.As a Premium User in the event that you choose to terminate your Account, we will retain any information and material stored on your Account for a specific period of time (we will provide you the duration of such period separately) following the date in which you notified us of your intent to terminate your Account, in order to enable you to safeguard the materials you uploaded to your Account. You will be charged for the storage fees with respect to such period, to the extent that you wish to use such service. As a Registered User once you terminate your Account, your Account will be automatically terminated and any content available therein will be immediately erased.
Additionally, JFrog may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, extend in terms of content and form, correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that JFrog does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and/or termination of your Account and/or loss of any data.
The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
(a) These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (b) any claim relating to the Site or its use thereof will be governed by and interpreted in accordance with the laws of the State of New York without reference to its conflict-of-laws principles, (c) any dispute arising out of or related to your use of the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the competent State or Federal courts in the State of New York. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, JFrog may seek injunctive relief in any court of competent jurisdiction, (d) if any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, (f) any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (g) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (h) these Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company. The Company may, at its sole discretion, provide you with certain documentation (such as user guides) in connection with the Site. Such documentation may contain examples and other descriptions regarding the Site, data retention and/or Company’s usage of certain information. Such examples and descriptions are for illustration purposes only and Company’s policies regarding such matters as described in these Terms shall prevail at all times, (i) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (j) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification (k) no amendment hereof will be binding unless in writing and signed by JFrog, (l) the parties agree that all correspondence relating to these Terms shall be written in the English language.
- For information or questions please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to contact us and we will make an effort to reply within a reasonable timeframe:JFrog Inc.