Terms of Use

DRUPAL GARDENS BETA TERMS OF SERVICE

GA-00006-20100125-00

Welcome to the beta version of Drupal Gardens (the “Service”). The terms set forth below (the “Agreement”) govern your use of the Service. By using or operating the Service, whether or not you register for the Service, you expressly agree to be bound by this Agreement and to follow all its terms and any applicable laws and regulations governing the Service. If you do not agree with any of the following terms, your sole recourse is not to use the Service. If you have any questions about these Terms of Use, contact Acquia at legal@acquia.com.

1. Priority. This Agreement, in combination with Drupal Gardens Privacy Policy (available at http://drupalgardens.com/content/drupal-gardens-privacy) set forth the terms and conditions under which Acquia makes the Service available to you.

2. Use of the Service. You understand and acknowledge that the Service is being provided as a pre-production, beta, and is made available to you “AS IS” and “AS AVAILABLE” for the purpose of providing Acquia with feedback on the quality and the usability of the Service. The Service is provided to you for your own evaluation and testing purposes, and your use of the Service is entirely at your own risk. Acquia reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time, or from time to time, with or without notice to you. The content and software providing the Service is the property of Acquia and/or its licensors and is protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works (except for your own personal, non-commercial use) from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.

In addition, you agree that you will not:

  1. Interfere or attempt to interfere with the proper working of the Service, the Acquia servers or any activity being conducted on the Acquia servers.
  2. Collect personally identifying information about other Acquia customers or use information obtained from or through the Service for the purpose of direct marketing, spamming, or unsolicited contacting of other Acquia customers, or other impermissible activities, including, without limitation, activities that violate anti-spamming laws and regulations.
  3. Use any software or intellectual property for which you do not have an appropriate license.
  4. Use the Service to promote, facilitate or permit gambling.
  5. Post, transmit or facilitate illegal activities, including, without limitation, child pornography and libelous, defamatory or otherwise malicious information.
  6. Advocate or facilitate activities that are harmful to any person or entity or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
  7. Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of Acquia or its affiliates for any purpose, including, without limitation, phishing or pharming.
  8. Post, upload or transmit any content or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights.
  9. Post, upload or transmit any information, software or other material that contains viruses, unauthorized data, malware, Trojan horses, spyware, worms or other harmful or corrupted components.
  10. Violate, misappropriate, or infringe the rights of any third party.
  11. Engage in or facilitate illegal export of any restricted or controlled items, including, without limitation, software, algorithms or data that is subject to export laws or regulations.

3. User Contributions and Privacy. There are many opportunities within the Service for you to actively participate. In the process of doing so, you may provide certain comments, suggestions, data, or other information to Acquia (collectively “Information”). Acquia shall have the right to retain and use any such Information in current or future products or services, without further compensation to you. To the extent such Information is protectable under intellectual property laws, you agree to cooperate with Acquia as needed to obtain such protection as Acquia may desire and you agree to assign your rights in such Information to Acquia. Furthermore, Acquia may share aggregate (not personally identifiable) Information with its business partners or other third parties. Acquia will not, however, knowingly disclose personally identifiable Information to third parties unless required to do so in order to comply with any valid legal process, such as a search warrant, subpoena, statute, court order, or if necessary or appropriate to address an unlawful or harmful activity.

4. No Support Obligations. This Agreement does not commit Acquia to any support obligations to you in connection with the Service. Such obligations, if any, will be specified in a separate agreement between you and Acquia.

5. No Warranty. Please note that the services provided as part of this Service are experimental in nature, and Acquia does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE SERVICE IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. ACQUIA ITS OFFICERS, DIRECTORS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. Some states do not allow the exclusion of some warranties, so the above exclusions may not apply to you.

6. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ACQUIA BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER OR NOT ACQUIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL ACQUIA BE LIABLE TO YOU FOR ANY AMOUNT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

7. Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Acquia and its officers, directors, employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights under California Civil Code s. 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.

8. Modifications of Terms. This Agreement will expire when Acquia makes the Service generally available to its users on commercial terms and your subsequent use of the Service will be subject to those commercial terms and conditions. In addition, Acquia shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting to the Service. Accordingly, we suggest that you check this page periodically. To make your review more convenient, we will post a version number or date on the first page.

9. Violations of Terms. In addition to any legal remedies that Acquia may have for your violation of the terms of this Agreement, Acquia shall also have the right in its sole discretion to suspend or terminate your access to the Service.

10. Compliance with Laws. You agree while using the Service to comply with all applicable laws and regulations. If you operate a commercial Web site or an online service directed to children under the age of 13 that collects personal information from children or if you operate a general audience Web site and have actual knowledge that you are collecting personal information from children, you must comply with the Children's Online Privacy Protection Act (“COPPA”).

11. Termination. Either party may terminate this Agreement at any time, with or without cause, upon notice to the other party.

12. Hold Harmless and Indemnity. You agree to hold harmless and indemnify Acquia, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Acquia will provide you with written notice of such claim, suit or action.

13. No Assignment. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Acquia’s prior written consent. Any such purported assignment or delegation by you without Acquia’s prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Acquia at its sole and absolute discretion.

14. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.

15. Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Acquia’s failure to act with respect to a breach by you or others does not waive Acquia’s right to act with respect to subsequent or similar breaches. The failure of Acquia to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts without regard to its provisions on the conflict of laws. This Agreement constitutes the entire agreement between Acquia and you with respect to the subject matter hereof.