By accessing Rapid7 Discuss, you agree to these Terms which form a legally binding agreement. If you do not agree, please exit Rapid7 Discuss.
These Terms may be changed by Rapid7 from time to time without specific notice to you. The latest Terms will be posted on discuss.rapid7.com, and you should review these Terms prior to using Rapid7 Discuss. If you cannot access the Terms, Rapid7 can provide a copy of the most recent Terms upon request. Rapid7 may remove or modify any aspect of Rapid7 Discuss, may impose limits on certain features of Rapid7 Discuss, or may restrict your access to all or part of Rapid7 Discuss without notice.
2. Access to and Use of Rapid7 Discuss
User registration is required to use Rapid7 Discuss. Rapid7 reserves the right to refuse registration, or to refuse or limit access to Rapid7 Discuss in its sole discretion. You will provide true, accurate, current and complete information in any registration, you agree not to misrepresent your identity or your information, and agree to maintain the security of username(s) and password(s). You will maintain and update your information to keep it accurate, current and complete. Rapid7 may establish general practices and limits concerning use of Rapid7 Discuss. You acknowledge that Rapid7 reserves the right to modify these general practices and limits from time to time. You must promptly notify Rapid7 if you discover or suspect that someone has accessed your account without your permission.You are responsible for all activities that occur under your logins, whether or not authorized by you.
Subject to the terms and conditions in these Terms, Rapid7 gives you a limited, non-exclusive, non-transferable, non-assignable right to access Rapid7 Discuss, solely as permitted by these Terms. Except for the foregoing limited right, Rapid7 retains ownership of all right, title, and interest in and to all intellectual property in and about Rapid7 Discuss.
Except as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, create derivative works of Rapid7 Discuss, or merge Rapid7 Discuss into another program; (ii) resell, rent, lease, or sublicense Rapid7 Discuss or access to it; (iii) circumvent or disable any security or technological features or measures in Rapid7 Discuss; nor (iv) access Rapid7 Discuss in order to build a competitive product or service, for competitive analysis, or to copy any ideas, features, functions or graphics of Rapid7 Discuss.
You will be solely responsible and liable for the content that you choose to provide and upload (“Content”). By submitting Content to Rapid7 Discuss, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Content contained within these Terms. Because you alone are responsible for Content, you may expose yourself to liability if you post or share Content without all necessary rights. Although we have no obligation to screen, edit, or monitor Content, we may, in our sole discretion, delete or remove Content at any time and for any reason, including for a violation of these Terms.
You retain any ownership rights you have in Content, but you grant Rapid7 the following license to use that Content:
When Content is created with or submitted to Rapid7 Discuss, you grant Rapid7 a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Content and any name, username, voice, or likeness provided in connection with Content in all media formats and channels now known or later developed. This license includes the right for Rapid7 to make Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Rapid7. You also agree that we may remove metadata associated with Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Content.
6. Content Restrictions
You may not upload Content which: (a) is illegal; (b) encourages or incites violence or illegal activity; (c) threatens, harasses, or bullies or encourages others to do so; (d) is personal and/or confidential information; (e) is spam; (f) violates any person or entity’s intellectual property or other proprietary rights; (g) is a computer virus, worm, or other software intended to interfere with the intended operation of a computer system or data.
Rapid7 Discuss IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. RAPID7 MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
9. Limitation of Liability
NEITHER PARTY WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE. IN NO EVENT SHALL RAPID7’S LIABILITY ARISING UNDER OR RELATING TO THESE TERMS EXCEED $100.
You agree to defend, indemnify, and hold Rapid7, its licensors, our third party service providers and our officers, employees, licensors, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your violation of these Terms, (b) your violation of applicable laws or regulations, or (c) Content.
11. Violation of these Terms
Rapid7 reserves the right to suspend your access to Rapid7 Discuss, either temporarily or permanently, in the event that you have violated, or that Rapid7 determines you may intend to violate, these Terms. You may not create multiple accounts to evade such suspension, and any such action will be a violation of these terms.
a) These Terms shall be construed in accordance with and governed for all purposes by the laws of the State of Delaware, excluding its choice of law provisions, and each party consents and submits to the jurisdiction and forum of the state and federal courts in the State of Delaware all questions and controversies arising out of these Terms and waives all objections to venue and personal jurisdiction in this forum for such disputes; (b) these Terms constitute the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and undertakings, both written and oral; (c) these Terms may not be modified except by a writing signed by each of the parties; (d) in case any one or more of the provisions contained in these Terms shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms, but rather these Terms shall be construed as if such invalid, illegal, or other unenforceable provision had never been contained herein; (e) you shall not assign your rights or obligations hereunder without Rapid7’s advance written consent; (f) subject to the foregoing subsection (e), these Terms shall be binding upon and shall inure to the benefit of the parties hereto and their successors and permitted assigns; (g) no waiver of any right or remedy hereunder with respect to any occurrence or event on one occasion shall be deemed a waiver of such right or remedy with respect to such occurrence or event on any other occasion; (h) nothing in these Terms, express or implied, is intended to or shall confer upon any other person any right, benefit, or remedy of any nature whatsoever under or by reason of these Terms, including but not limited to any of your own clients, customers, or employees; and (i) the headings to the sections of these Terms are for ease of reference only and shall not affect the interpretation or construction of these Terms.