Terms of Use
Last Updated: April 10, 2017
New Relic is excited to welcome you to our Datanaut site (the “Site”). We created this Site to offer our users the opportunity to network with like-minded experts in our space, gain exclusive access to our events, and much more. Before you jump into the fun, please take a moment to read the Terms of Use (“Terms”) listed below. These Terms form a legal agreement between you (“You” or “Your”) and New Relic, Inc. and its affiliated companies. Your participation in New Relic’s Datanaut program (the “Program”) constitutes acceptance of these Terms.
Eligibility: To participate in the Program You must be at least 18 years old. If You are not 18 years old, You should not access the Site. You must also have an active user account, in good standing with New Relic. If You do not already have an active user account, please visit https://newrelic.com/signup to create a new account.
Your Content: You agree that you will only upload, share, post, publish, transmit or otherwise make available (“Submit”) on or through the Site the Work (further defined below) that You have the right and authority to Submit and furthermore, You agree that You have the right and authority to grant to New Relic the license rights stated in Paragraph 3 below. You further represent and warrant that You have the requisite power and authority to use Your employer’s name publicly in connection with Works submitted through the Site.
Proprietary Rights: You grant to New Relic a perpetual, worldwide, fully paid up right and license to use, copy, modify, publish, republish, distribute and create derivative works based on, in any form, any ideas, content, designs, themes or material (the “Work(s)”) You submit to the Program. Subject to the limited rights expressly granted hereunder, New Relic reserves all rights, title and interest in and to all intellectual property rights in the Program, including but not limited to its user interface, information, branding, content, ideas or other materials provided by New Relic through the Program. No rights are granted to You hereunder other than as expressly set forth herein. New Relic may also display, license, assign, transfer and/or otherwise use the Work, and all elements and derivatives thereof, in whole or in part, in all media now known or hereafter developed (including without limitation in social media), worldwide, in perpetuity, royalty-free and without restriction of any kind. You further hereby grant to New Relic and others working for New Relic and on its behalf, and their respective licensees, successors, and assigns the unlimited right and permission to use, distribute, publish, exhibit, digitize, display, edit, dub, subtract from, add, modify, reproduce, retouch, and otherwise exploit Your actual or simulated likeness, voice, voice recording, personal characteristics and other personal identification. You understand that New Relic is not obligated to make any use of the Work created hereunder or the rights granted herein.
Independent Contractor: You acknowledge that nothing herein will constitute neither New Relic nor You as the employer, employee, agent or representative of the other, or both parties as joint ventures or partners for any purpose. You shall have no express or implied right or authority to assume or create any obligations on behalf of or in the name of New Relic or to bind New Relic to any contract, agreement or undertaking with any third party.
Indemnification: You hereby irrevocably and unconditionally release, discharge and agree to indemnify and hold harmless New Relic and its respective officers, directors, and employees, from and against all actions, claims, demands, causes of action, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) of any kind whatsoever, whether known or unknown, arising at any time out of and/or relating to the use of the Site, the Works submitted, and/or use of Your likeness and/or any breach or alleged breach of any of the Terms or any applicable laws.
Receipt of Rewards: You understand that no rewards offered on the Site are transferable or redeemable for cash value. If Your company or government agency has regulations governing restrictions on rewards and other gratuities that can be accepted from vendors, it is Your responsibility to ensure You are following those guidelines.
Your Responsibilities:
You shall:
Treat other New Relic Datanaut users with courtesy and respect
Be responsible for Your compliance with these Terms and all activities occurring within or from Your Datanaut account
Use commercially reasonable efforts to prevent unauthorized access to or use of the Site and notify New Relic promptly of any unauthorized access to or use of the Site
Participate in the Program only in accordance with these Terms for its intended purpose and in compliance with all applicable laws and government regulations
You shall not:
Impersonate any other person or allow any other person to impersonate You
Falsely state or imply that You are associated with New Relic, another person or entity
Submit any type of content in exchange for payment or other consideration from another person or entity
Make the Site or the Program available to anyone else for any reason, including selling, reselling, renting or leasing Your access to the Site
Use the Site in connection with unsolicited commercial messages
Use the Site to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of a third party’s privacy rights
Interfere with or disrupt the integrity or performance of the Site or any data contained therein
Attempt to gain unauthorized access to the Site
Datanaut Account Termination by New Relic: New Relic may suspend or terminate Your access to the Site immediately without any liability, at any time with or without notice, at our sole discretion if we believe You may have violated these Terms. If Your activity in the Program is disruptive or detrimental to other users or the security or operation of the Site, Your account may be cancelled with or without notice at New Relic’s sole discretion, Your employer may be notified and You may be banned from future participation.
Applicable Laws: All matters relating to Your participation in the Program, access to and use of the Site and any content provided and Works submitted or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to Your participation in the Program, access to or use of the Site or content or any Works submitted shall be instituted in a state or federal court in San Francisco, California. You and New Relic agree to submit to the jurisdiction of and agree that venue is proper in these courts in any such legal action or proceeding.