"Confidential Information" means all information which RingCentral protects against unrestricted disclosure to others, including but not limited to the following information regarding methods of processing, system designs embodied in the RingCentral Community Forum and Ideas Portal or other RingCentral products or RingCentral Community Forum and Ideas Portals;(ii) benchmark results, program listings, data structures, logic diagrams, functional specifications, file formats; and (iii) system infrastructure, security/architecture design and/or operations processes and (iv) discoveries, inventions, concepts, designs, flow charts, documentation, product specifications, application program interface specifications, techniques and processes relating to the RingCentral Community Forum and Ideas Portal or RingCentral products and services.
"Contributed Content" means any materials, data, images, or information (other than your Profile Data) provided by You to RingCentral in the course of using the RingCentral Community Forum and Ideas Portal.
“RingCentral Community Forum and Ideas Portal” means the RingCentral Community Forum available at https://community.ringcentral.com (and its subdomains), and the Ideas Portal available at https://ideas.ringcentral.com/ (and its subdomains).
1. RingCentral Community Forum and Ideas Portal
1.1. Subject to Your compliance with the terms and conditions of these Community TOS (as it may be modified from time to time in RingCentral’s sole discretion), RingCentral hereby grants You a limited, nontransferable, non-exclusive license, during the term of these Community TOS, to use the RingCentral Community Forum and Ideas Portal, as provided by RingCentral, solely for the purposes set forth in the applicable RingCentral Community Forum and Ideas Portal.
1.2. You shall be required to register for an account to access the RingCentral Community Forum and Ideas Portal. You shall not license, sell, lease, rent, outsource or otherwise make available Your account to third parties.
1.3. You shall: (a) provide accurate, current and complete information about You as may be prompted by any registration by RingCentral ("Registration Data"); (b) maintain the security of Your password and other login information; (c) maintain and promptly update the Registration Data, and any other information provide by You to RingCentral, to keep it accurate, current and complete; (d) be fully responsible for all use of Your account and for any actions (including purchases) that take place using Your account, whether such actions were authorized by You or not; and (e) not attempt to impersonate or spoof the identity of any other users in the RingCentral Community Forum and Ideas Portal, or otherwise create or use an account for the purpose of deceiving other members of the community.
1.4. You shall not attempt to translate, reverse engineer, decompile, determine the source code or architecture of, or otherwise analyze the RingCentral Community Forum and Ideas Portal or materials made available on the RingCentral Community Forum and Ideas Portal.
1.5. You acknowledge and agree that RingCentral has no obligation to monitor or police communications or data transmitted through the RingCentral Community Forum and Ideas Portal, and that RingCentral shall not be responsible for, and shall have no liability for, the content of any such communication or transmission.
1.6. You shall use the RingCentral Community Forum and Ideas Portal exclusively for authorized and legal purposes, consistent with all applicable laws, regulations, and the rights of others, including privacy and antispamming laws. Any unauthorized solicitations, postings irrelevant to RingCentral’s services or products, or commercial endorsements of any kind may be removed by RingCentral. 1.7. You will not: (i) commit copyright or other intellectual property infringement or misappropriation; (ii) use the RingCentral Community Forum and Ideas Portal in a manner that would violate any law or regulation; and (iii) use the RingCentral Community Forum and Ideas Portal in any way that maybe perceived as being harmful, threatening, offensive, harassing, obscene or otherwise objectionable.
1.8. RingCentral may (or may not) from time to time at its sole discretion modify, upgrade, or extend the RingCentral Community Forum and Ideas Portal, including for the purposes of adding features or functionality, or enhancing security or usability.
1.9. You shall report any defects in the operability of the RingCentral Community Forum and Ideas Portal to RingCentral in writing without undue delay.
2. RingCentral Community Forum and Ideas Portal Fees
2.1. In the future, RingCentral may opt to charge fees for use of the RingCentral Community Forum and Ideas Portal. RingCentral will notify you of any fees that may be assessed and the date that they will begin to be incurred (the “Fee Date”). You may discontinue use of the RingCentral Community Forum and Ideas Portal prior to the Fee Date to avoid any such fees. Your continued use of the RingCentral Community Forum and Ideas Portal after the Fee Date shall constitute Your acceptance of and agreement to pay any such fees.
3. Intellectual Property, Content, and Privacy
3.1. RingCentral Community Forum and Ideas Portal. As between RingCentral and You, the RingCentral Community Forum and Ideas Portal, and all patent, copyright, trademark, trade secret and other intellectual property rights therein or relating thereto, are and shall remain the exclusive property of RingCentral or its licensors.
3.2. Contributed Content and Privacy.
(a) You agree and understand that outside of Your profile information which is governed by the Privacy settings You select within the profile, Your selected login ID and any content posted by You on the RingCentral Community Forum and Ideas Portal (“Contributed Content”) may be made publicly available (via the RingCentral Community Forum and Ideas Portal and via search results displayed by third party search providers).
(b) You hereby grant and shall ensure that RingCentral receives a non-exclusive, transferable, royalty-free, perpetual, worldwide license (with the right to sub-license) to store, copy, use, reproduce, display, distribute and otherwise exploit Contributed Content for any purpose and in any way, including but not limited to using it in new RingCentral products or services, to improve existing RingCentral products or services, or to promote the RingCentral Community Forum and Ideas Portal.
3.3. You may provide input regarding the RingCentral Community Forum and Ideas Portal, including, without limitation, comments or suggestions regarding the possible improvement or enhancement of
the RingCentral Community Forum and Ideas Portal or any other future or existing RingCentral offering (collectively "Feedback"). With respect to any such Feedback, acceptance of Your submission imposes no obligations on RingCentral, and in particular:
(i) RingCentral has no obligation to acknowledge or review your Feedback, or otherwise respond to you in any way regarding your Feedback;
(ii) RingCentral has no obligation to keep your Feedback confidential, and may publish or otherwise publicly disclose your Feedback in any existing or later developed media;
(iii) Your Feedback, its contents, and all related intellectual property rights automatically become the property of RingCentral, without any compensation of any kind owed to you;
(iv) RingCentral may use or redistribute your Feedback and its contents for any purpose and in any way, including but not limited to using it in new RingCentral products or services, to improve existing RingCentral products or services, or to promote the RingCentral Community Forum and Ideas Portal; and
(v) You are authorized to submit the Feedback, and your Feedback does not include the confidential information, proprietary know-how, trade secrets, or other intellectual property of any other person or party.
4. Indemnification by You
4.1. You shall indemnify and hold RingCentral harmless from third-party claims arising from or related to (i) any use of the RingCentral Community Forum and Ideas Portal (a) in breach of these Community TOS, (b) in contravention of any requirements, procedures, policies or regulations of RingCentral or its third-party providers applicable to the RingCentral Community Forum and Ideas Portal and made known to You and (c) in violation of any applicable law or regulation or in violation of the legal rights of others or (ii) the Contributed Content. The foregoing shall apply regardless of whether such damage is caused by the conduct of You and/or Your affiliates, Your employees, or by the conduct of a third party using Your access credentials.
5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
5.1. THE RINGCENTRAL COMMUNITY FORUM AND IDEAS PORTAL ARE PROVIDED BY RINGCENTRAL ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS, DEFECTS, AND ERRORS" BASIS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE RINGCENTRAL COMMUNITY FORUM AND IDEAS PORTAL IS AT YOUR SOLE RISK. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, RINGCENTRAL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE. RINGCENTRAL DOES NOT WARRANT THAT THE RINGCENTRAL COMMUNITY FORUM AND IDEAS PORTAL ARE ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR THAT THEY WILL BE ACCESSIBLE ON A PERMANENT BASIS OR WITHOUT INTERRUPTION.
5.2. IN NO EVENT SHALL RINGCENTRAL'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE COMMUNITY TOS OR THE RINGCENTRAL COMMUNITY FORUM AND IDEAS PORTAL, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER OF $100 OR THE AMOUNTS ACTUALLY PAID BY YOU TO RINGCENTRAL FOR THE RINGCENTRAL COMMUNITY FORUM AND IDEAS PORTAL DURING
THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CAUSE OF ACTION.
5.3. IN NO EVENT SHALL RINGCENTRAL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO (I) YOUR USE OF, INABILITY TO USE, OR IMPAIRMENT OF THE USE OF THE RINGCENTRAL COMMUNITY FORUM AND IDEAS PORTAL;(II) ANY TERMINATION OF THESE COMMUNITY TOS; (III) ANY VISITOR CONTENT;(IV) ANY USE OR MISUSE OF RINGCENTRAL COMMUNITY FORUM AND IDEAS PORTAL (INCLUDING CONTENT THEREON) BY ANY VISITOR OR ANY OTHER THIRD PARTY; (V) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST DATA, LOSS OF BUSINESS OR LOST PROFITS, WHETHER OR NOT RINGCENTRAL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.4. The foregoing limitations of liability and exclusions from liability set forth in this Section 5 shall not apply where prohibited by law.
6. Term and Termination
6.2. Survival. The rights and obligations of RingCentral and You contained in Sections: 1.2-1.9, and 3-9 shall survive any expiration or termination of these Community TOS.
7.1. In connection with Your use of the RingCentral Community Forum and Ideas Portal, You may become privy to Confidential Information belonging to RingCentral or its affiliates. Confidential Information shall not be used, distributed, or reproduced in any form except as explicitly allowed under these Community TOS. You will take all reasonable steps (including without limitation the steps such party takes to protect its own Confidential Information) to keep all Confidential Information of the other party strictly confidential.
7.2. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of these Community TOS by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.
7.3. Neither party shall use the name of the other party in publicity, advertising, or similar activity, without the prior written consent of the other, except that You agree that RingCentral may use Your name as part of RingCentral's marketing efforts.
7.5. The RingCentral Community Forum and Ideas Portal, Documentation, and other RingCentral materials are subject to the export control laws of various countries, including without limitation the laws of the United States. You shall be responsible for complying with all applicable governmental regulations of the country where You are located (and any applicable foreign countries) with respect
to the use of the RingCentral Community Forum and Ideas Portal, Documentation, or other RingCentral materials. You agree that You will not export the RingCentral Community Forum and Ideas Portal, Documentation, and RingCentral materials to countries, persons, or entities where export is prohibited by such laws.
8.1. Governing Law. These Community TOS and all matters arising out of or relating to these Community TOS shall be governed by the federal laws of the United States and the State of California, without regard to its conflict of law provisions. Any legal action or proceeding relating to these Community TOS shall be brought exclusively in the state courts located in San Mateo County, California, and federal courts located in San Francisco, California. RingCentral and You hereby agree to submit to the jurisdiction of and agree that venue is proper in, those courts in any such legal action or proceeding.
8.2. Notices. All notices, including notices of address change, required to be sent to RingCentral shall be in writing and shall be sent via overnight courier or first-class certified mail (in each case with confirmed receipt) to: RingCentral, Inc., Attn: Legal, 20 Davis Drive, Belmont, CA 94002, U.S.A.. Notices shall be deemed to have been given upon the date of confirmed receipt.
8.3. Severability. In the event any provision of these Community TOS is held to be invalid or unenforceable, the remaining provisions of these Community TOS shall remain in full force and effect.
8.4. Compliance with Laws. Each party agrees to comply with all applicable laws and regulations with respect to its activities hereunder.
8.5. Relationship Between the Parties. Nothing in these Community TOS 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.
8.6. Assignment/Successors. You may not assign or transfer these Community TOS, in whole or in part, regardless of whether such assignment or transfer occurs in contract or by operation of law. Any attempt to assign or transfer these Community TOS in violation of this Section 8.6 shall be null and void.
8.7. Entire Agreement. These Community TOS constitutes the complete and exclusive agreement between the parties concerning the RingCentral Community Forum and Ideas Portal and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of these Community TOS. If either party should waive any breach of any provision of these Community TOS, it shall not be deemed to have waived any preceding or succeeding breach of the same or any other provision hereof.
9. Suspension, Termination, and Disconnection of Account
9.1 RingCentral may, at its sole discretion, suspend, terminate, or disconnect Your access to any use of the RingCentral Community Forum and Ideas Portal if RingCentral determines that You have engaged in behavior that breaches any obligation in these Community TOS. A violation of these Community TOS may also be grounds for RingCentral to suspend, terminate, or revoke any access or permissions that you may have to the RingCentral Developer APIs.
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