Effective: November 4, 2019
Welcome to the New Relic Community! The Community is a place for users to share feedback, questions and best practices about the New Relic Service.
We may modify these Terms from time to time as described in Section 3 (Changes to Terms).
“Community” means any community features or forums made available by New Relic, including the New Relic Explorers Hub.
“Content” means any text, information, data, graphics, messages, sounds, videos, content, code, scripts, software or other materials.
“New Relic Service” means New Relic’s proprietary SaaS offerings and related software and documentation.
“User Content” means any Content that a user submits to the Community, including feedback regarding the New Relic Service. The term “submit” includes submitting, posting, uploading or otherwise making available User Content on or through the Community.
2. Use of the Community. You are required to set up an account in order to access or submit Content to the Community. You are responsible for your account and everything that happens under your account, including if somebody accesses your account without your permission. We reserve the right to change, add to or disable the Community at any time, without notice or liability.
3. Changes to Terms. New Relic may modify these Terms from time to time. Unless we specify otherwise, changes become effective upon our posting of the updated Terms, and the updated Terms will apply to all use of the Community after they are posted. We will use reasonable efforts to notify you of the changes as provided in Section 11 (General Terms).
4. User Content.
4.1 Generally. You are responsible for any User Content you submit to the Community. You do not lose any ownership rights you may have to User Content that you submit, but you understand that the User Content will be publicly available and may therefore be used, modified, or reproduced by other users. Therefore, you should not submit any confidential or proprietary information to the Community. By submitting User Content, you grant us and, at our discretion, other Community users a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, fully-paid, fully-sublicenseable and transferable license to use, license, reproduce, distribute, prepare derivative works of, modify, adapt, and publicly display and perform your Content in any form or format and through any media (including, for New Relic, in connection with our products and services and in our marketing and publicity). You warrant that the holder of any worldwide intellectual property right in your User Content has waived all such rights and validly and irrevocably granted you the right to grant the license above. If your User Content contains your name, image or likeness, you waive any claim under any rights of privacy or publicity (including under California Civil Code 3344 and similar laws) related to use of the same in connection with use of your User Content.
4.2 New Relic Not Responsible. We have no obligation to (but may, in our discretion) monitor or review User Content. We have no responsibility for and make no promises about User Content you may encounter on the Community, including whether it infringes third-party rights or its reliability, accuracy, usefulness or safety. We have no responsibility for the security, privacy, storage, or transmission of User Content or other communications originating with or involving use of the Community. You may find User Content on the Community to be offensive, indecent or otherwise objectionable. However, you agree not to hold us responsible in any way for any User Content you encounter. Views expressed on the Community to not necessarily reflect our views and we do not endorse User Content posted by you or others.
4.3 Removal of User Content. We reserve the right to remove any User Content at any time without notice, for any or no reason, including if it violates these Terms. We do not promise to store or make available on the Community any of your User Content or any other Content for any length of time. Your use of the Community is subject to the terms of our takedown policy as set forth in our DMCA Policy. If you believe that anything on the Community infringes your copyright or trademark rights, you should notify us in accordance with our DMCA Policy.
4.4 Social Media. The Community may support sharing User Content on social media platforms such as Twitter, Facebook or LinkedIn (“Social Media”), and allowing other users (or New Relic) to share your User Content on Social Media. You may share other users’ User Content on Social Media, as long as you include a link to the Community in your post.
5. Proprietary Rights. The Community contains proprietary and confidential information that is protected by intellectual property and other laws. New Relic and its suppliers retain all right, title and interest in and to the Community, any Content on the Community (other than User Content) and the New Relic Service. New Relic retains all rights to its branding, logos, trademarks and service marks, and nothing in these Terms grant you rights to use them.
6. Termination. We may terminate or suspend these Terms or your access to the Community at any time, with or without notice and for any or no reason. Upon any termination or suspension of these Terms, we may delete your account, passwords and User Content, and we may bar you from further use of the Community. You understand that we may also continue to make your User Content available on the Community, or elsewhere as permitted under these Terms, even if your use of the Community is terminated or suspended. We will have no liability to you or any third party for any termination or suspension, nor will termination or suspension limit any other rights or remedies we may have. The following Sections will survive any termination of these Terms: 5 (Proprietary Rights), 6 (Termination), 7 (Warranty Disclaimer), 8 (Limitation of Liability), 9 (Indemnity), 10 (Governing Law) and 11 (General Terms).
7. Warranty Disclaimer. THE COMMUNITY AND ALL CONTENT IS PROVIDED BY NEW RELIC “AS IS”, AND USE IS AT YOUR OWN DISCRETION AND RISK. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE COMMUNITY WILL BE UNINTERRUPTED, PRIVATE, OR ERROR-FREE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
8. Limitation of Liability. TO THE FULL EXTENT PERMITTED BY LAW, NEW RELIC AND ITS SUPPLIERS HAVE NO LIABILITY FOR (1) ANY USER CONTENT, (2) ANY ACTIONS YOU TAKE (OR DO NOT TAKE) BASED ON ANY CONTENT IN THE COMMUNITY, (3) ANY VIRUSES OR HARMFUL CODE ON OR IN THE COMMUNITY OR ANY CONTENT, OR (3) OTHERWISE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS OR INTERRUPTION OF BUSINESS. TO THE EXTENT ANY OF THE ABOVE LIMITATIONS ARE NOT ENFORCEABLE AT APPLICABLE LAW, NEW RELIC’S ENTIRE LIABILITY UNDER THESE TERMS WILL NOT EXCEED $100. These limitations and exclusions apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, and even if New Relic is informed of the possibility of such damages in advance. You understand that New Relic would not be able to provide the Community without the limitations and exclusions in this Section 8, which will survive and apply even if any limited remedy in these Terms is found to have failed of its essential purpose.
9. Indemnity. You will defend (at our request), indemnify and hold harmless us from and against any claim by a third party arising from or related to: (a) your use or attempted use of the Community in violation of these Terms, (b) your violation of any law or rights of any third party, or (c) any User Content you submit to the Community, including any claim of infringement, misappropriation or violation of any intellectual property, privacy or other rights.
10. Governing Law. These Terms will be governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to the subject matter hereof shall be the state and United States federal courts located in San Francisco, California and both parties hereby submit to the personal jurisdiction of such courts. Notwithstanding the foregoing, New Relic may bring a claim for equitable relief in any court with proper jurisdiction.
11. General Terms. We may provide you with notices via email or the Community, as determined by us in our discretion. Any notices you give to us under these Terms will be deemed given only when personally delivered, delivered by reputable international courier requiring signature for receipt, or three (3) business days after being deposited in the mail, first class, postage prepaid, in each case to: New Relic., Inc., Attention: Legal, 188 Spear St., Suite 1200, San Francisco, California 94105. The parties are independent contractors, and there is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. If a court having proper authority decides that any portion of these Terms is invalid, only the part that is invalid will not apply, and the rest of these Terms will still be in effect. If we waive any of our rights under these Terms in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights, as we may decide to enforce them at a later date. Except as set forth herein, all amendments to these Terms must be in writing and signed by both parties. These Terms are the entire agreement between the parties with respect to their subject matter and supersede any prior agreements relating to such subject matter. For the avoidance of doubt, use and provisioning of the New Relic Service are subject to separate terms, such as our Terms of Service, and these Terms do not apply to use of or access to the New Relic Service. In these Terms, headings are for convenience only and the term “including” (and similar terms) will be construed without limitation. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you without our prior written consent, but may be transferred and assigned by us without restriction. We will not be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events which are beyond our reasonable control, including any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency. We may use the services of subcontractors and permit them to exercise the rights granted to us in order to provide the Community under these Terms.