By accessing the Site, you agree to the terms and provisions detailed herein. If you do not agree to the terms and provisions detailed herein, do not access the Site. If you are accessing the Site on behalf of your employer, you represent that you are authorized to accept these terms and provisions on your employer’s behalf. CallidusCloud may change these terms and provisions periodically by posting the revised terms and provisions and you agree to review these terms and provisions periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and provisions are posted shall mean you accept such changes. If you do not agree to these terms and provisions or any modified terms and provisions at any time, immediately cease using the Site. CallidusCloud reserves the right to modify or discontinue any feature or services available on this Site at any time.
What information does CallidusCloud collect and how is it used?
If you request something from the Site, for example, a white paper, a callback, or specific marketing materials, we will use the information you provide to fulfill your request. We do not share this information. If you indicate your willingness to have us contact you, we may use your personal information to send you notices about special offers, new products, services, promotions, and other similar information. These notices provide opt-out opportunities so that you can cancel the service at any time.
In addition to the information we collect directly from you, we also monitor and track usage of our Web site, viewing and traffic patterns, supporters’ behavior, and other similar information. We compile this information into a statistical aggregate. We use this aggregate information for internal business and administrative purposes such as improvements to our Web site, our product and service offerings, our operations, and our supporters’ service.
Does CallidusCloud disclose the information it collects to outside parties?
We will never sell, trade or rent your personal identifiable information to others.
Who owns the content the information on the Site?
You understand that all information, data, text or other materials available Site (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not CallidusCloud, are entirely responsible for all Content that you upload, post, transmit or otherwise make available on any Site forum. CallidusCloud does not control the Content posted via these forums and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that CallidusCloud is not liable for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss of damage of any kind incurred as a result of the use of any Content made available via any forum.
You acknowledge that CallidusCloud does not pre-screen any Content, but that CallidusCloud shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content available via the forums. You acknowledge that you bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content.
You agree not to upload, post, or otherwise make available any Content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any other party. In addition, you agree not to upload, post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships. Any and all files that are appended to messages within the Site forum(s) must be owned by you or be ones that you have proper legal authority to make public. You agree that you are responsible for any files you post to a forum and agree to indemnify others who use the files that you post against any liability that arises from such use.
By making any posting, you grant CallidusCloud an irrevocable, worldwide right in all languages and in perpetuity to use and exploit all or any part of your posting for any purpose. CallidusCloud may publish and distribute any such posting at CallidusCloud’s sole discretion by any method now existing or later developed. Furthermore, you acknowledge that any Content you make available to the Site forum(s) can be accessed by other users of the forum, and that CallidusCloud is not responsible for any loss of confidentiality of any Content you make available on the Site forum.
What restrictions on conduct exist with regard to the transmission of Content on the Site or participation in any Site forum?
You may not post, transmit, e-mail, re-transmit or store material on or through Site which, in CallidusCloud’d sole judgment: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by you. By way of example (and not limitation), the following uses described below are expressly prohibited:
- No Disparaging Remarks
Disparaging remarks will not be tolerated. When encountered, offending Content will be immediately deleted and the offenders will be given a warning not to repeat it. If they do not heed that warning, their access to Site will be removed permanently. Disparaging remarks are those that denigrate people, places, companies, products, social entities, and other identifiable classes in a serious and personal manner. Light bantering on the merits of things like the current news maybe fun, but they don’t really belong on a service designed to be a vehicle of assistance for CallidusCloud customer, partners and prospects.
- No Foul and/or Abusive Language
No instance of foul and/or abusive language will be tolerated. Messages encountered containing such language will be deleted immediately. The initiator of any offensive message will be warned not to repeat the action, and CallidusCloud may revoke his/her privilege to access the forum.
- Shouting, Excessive Exclamation and/or Emphasis is Discouraged
The use of shouting (messages, or partial messages, all in caps) should not be used. Similarly, excessive Exclamation or Emphasis (such as text or enlarged lines of exclamation points) in messages should not be used. Messages containing these may be deleted at the discretion of CallidusCloud, depending upon their overall value. Offenders will be warned against this practice and habitual offenders may have their access to the forum revoked.
- Inappropriate Material
The posting of stolen software, pornography, and other inappropriate materials (including links) will cause the message to which they are attached to be removed without notice. Additionally, the persons who posted the message, including the offending file, will be warned if for minor offenses or will have their Site access privileges revoked if for serious offences.
Files that you are planning to attach to forum messages should be checked for viruses to ensure that they are free of detectable virus strains. Any file that is found to contain a virus will be deleted without notice. Any users who have made an obvious attempt to pass along a virus with the intent to infect the systems of the other users will have their access to the forum revoked. You agree that you are responsible for any viruses contained in the files that you post to a forum and agree to indemnify others who are damaged by a virus contained in a file posted by you.
CallidusCloud representatives may at their discretion join in forum discussions. CallidusCloud representatives may look at the forum from time to time to check for derogatory remarks or offensive language, but forum users should assume that the Site forum(s) are for customers to communicate with each other and a CallidusCloud representative is not participating. If the issue that you are posting to the Site forum is critical in nature, then please submit the issue directly to CallidusCloud Customer Support. CallidusCloud may contact a forum user directly to take any forum issue off-line and work directly with the user via the phone. When a resolution/answer has been determined, it may or may not be posted back out to the message thread, at CallidusCloud’s sole and exclusive discretion.
What may CallidusCloud do with the Content on its Site?
Content that is posted to the Site will be kept on the forum based primarily upon its perceived usefulness. You acknowledge and agree that CallidusCloud may preserve and reuse any Content you may submit to the Site (e.g., in any forum).
Content of most significance may be copied or summarized and published as part of a Customer Support knowledgebase. Content that is deemed to be of limited value (e.g., easily found answers for previous product versions) will be removed from the forum after a reasonable time of availability, as determined by CallidusCloud.
CallidusCloud reserves the right to remove any Content at its discretion. Messages will normally be removed when the subject of the messages has no lasting value or when the subject of the messages pertains to superseded products for which newer releases resolve the posted issue(s). Messages will also be immediately removed should they not follow the forum rules.
Does CallidusCloud have the right to remove users from its Site?
Yes. CallidusCloud reserves the right to remove any user’s access to the Site for any of the following reasons:
- Habitual violation of the Site rules described above.
- Spamming other members of the forum service with any sales promotions, head hunting activities, or other significant obtrusive behavior.
- At CallidusCloud’s sole and exclusive discretion.
What warranty is available with regard to Content?
The Content posted on the Site is made available on an “as-is” and “as-available” basis. CallidusCloud does not guarantee, warrant, covenant or represent the suitability or accuracy of Content posted and as such CallidusCloud will not be held responsible for its use in any way.
What liability does CallidusCloud have with regard to Content?
While CallidusCloud will attempt to remove any objectionable Content as quickly as possible, it is impossible to review all Content made available on the Site. Therefore you acknowledge that all posts made to the Site are expressly the opinions of the authors and not CallidusCloud, and CallidusCloud will not be held liable for the options of authors who are not CallidusCloud employees.
Is CallidusCloud compliant with the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks?
CallidusCloud, including its subsidiaries, complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view CalliduCloud’s certification, please visit http://www.export.gov/safeharbor/
6200 Stoneridge Mall Road, Suite 500
Pleasanton, CA 94588
Attn: Principal Legal Officer
Revised: August 22, 2013