Terms

Last Changes to Terms of Service: February 28, 2019

The policies below are applicable to access and use of the FinOps Foundation, Inc. websites, including the website located at www.FinOps.org; all e-mail newsletters published or distributed by FinOps; and all other services, apps, interactive features and communications provided by FinOps, however accessed or used, that are operated by us, made available by us, or produced and maintained by FinOps (collectively “FinOps” or “we”, “us”, or “our”) (“Sites”).

This is a legal agreement between you (“you” or “user”) and FinOps that states the terms and conditions that govern your access and use of the Sites and any membership services or materials related to FinOps (collectively with the Sites, “Services”). In addition to these Terms of Service, you may also be subject to other agreements, for example if you become a member of FinOps, you will need to abide by the FinOps Bylaws (as may be amended from time to time). These Terms of Service, together with our Privacy Policy and all updates, supplements, additional terms, and all of FinOps’ rules and policies collectively constitute this “Agreement” between you and FinOps. BY ACCESSING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE SERVICES. WE RESERVE THE RIGHT TO MODIFY OR AMEND THIS AGREEMENT FROM TIME TO TIME. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES.

  1. Access License.

    FinOps grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Services and their content. Except as expressly permitted in this Agreement or other written agreement with FinOps or by law, this license does not include any resale or commercial use of the Services or its contents; any derivative use of the Services or their contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without FinOps’ express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

  2. Copyright and Ownership.

    All of the content featured or displayed on the Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by FinOps, its licensors, vendors, agents and its Content providers. All elements of the Services, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services are being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. The Services, Content and all related rights shall remain the exclusive property of FinOps or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.

  3. Trademarks and Publicity.

    a) All trademarks, service marks and trade names of FinOps used herein (collectively “Marks”) are trademarks or registered trademarks of FinOps or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify FinOps trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without FinOps’ prior written consent. Except as expressly permitted by FinOps, you shall not use FinOps’ name or any language, pictures or symbols which could, in FinOps’ judgment, imply FinOps’ endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

    b) Members consent to FinOps’ use of their name and logo(s) on the Sites, in press and marketing releases, and in hard copy materials for the purpose of publicizing members’ membership in FinOps, all in accordance with any branding guidelines provided to FinOps in advance. FinOps will obtain members’ prior written approval for all other uses of the member’s name and logo(s).

  4. Account Registration and Security.

    You understand that you may need to create an account to have access to all of the parts of the Services. You will: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FinOps has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FinOps has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Services using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.

  5. Submission Policy.

    a) The Sites may solicit content or information from you and other users of the Sites (“User Submissions”). Except as set forth in Section 5.b below, User Submissions remain the intellectual property of the individual user making the submission. By posting content to the Sites, you expressly grant FinOps a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up worldwide, fully sub-licensable (through multiple tiers) right to use, reproduce, reformat, edit, revise, review, analyze, publicly display, publicly perform, distribute, advertise, and promote your User Submission or to authorize or sublicense any such rights to any third party. Any such User Submissions are deemed non-confidential and FinOps shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. All User Submissions will be your own work and/or you will have all rights necessary to submit the User Submission to the Sites. You will be solely responsible for paying any royalties to and/or securing any permissions from any co-author or other collaborator. You will identify all such co-authors and collaborators as part of your User Submission. You may withdraw your User Submission at any time prior to FinOps’ notice that your User Submission is a Selected User Submission.

    b) If you are a FinOps member, then your User Submissions are further subject to the following. You are not required to provide any User Submissions to FinOps, but you may voluntarily do so from time to time. To the extent you provide User Submissions (including ideas, information, documentation, and other materials) to FinOps in your capacity as a member of FinOps, or in response to FinOps’ request to produce such User Submissions, then these User Submissions will be considered a work for hire, with all rights owned by FinOps. To the extent that such User Submissions do not qualify as a work for hire, you hereby assign to FinOps, its successors and assigns, all right, title and interest in and to these User Submissions. You further agree to reasonably assist in executing all applications, assignments or other documents to perfect or enforce FinOps’ rights in the foregoing.

    c) FinOps does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission.

    d)You are prohibited from using the Sites to post or send any unlawful, threatening, defamatory, or obscene material or any material that could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Sites is expressly prohibited by this Agreement. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

  6. Access and Interference.

    You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services.

  7. Right to Takedown Content.

    Users shall remain solely responsible for their User Submissions or other content posted to the Sites and FinOps will have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Sites at any time without notice. Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose Content submitted to the Services unless required in the course of normal maintenance of the Services and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on FinOps or the Services; (2) protect and defend the rights or property of FinOps, the Services, or the users of the Services; or (3) act in an emergency to protect the personal safety of our users, the Services, or the public. We reserve the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of this Agreement access to the Services or any part thereof. You are not entitled to any payment for any User Submissions posted or published on the Sites or otherwise used by FinOps.

  8. Advertising Rights.

    FinOps reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with the Sites, and FinOps and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this Agreement obligates or may be deemed to obligate FinOps to sell, license or offer to sell or license any advertising, promotion or distribution rights.

  9. Safety Related Information.

    The information contained in the Services is provided for informational purposes only and is not meant to substitute for the advice provided by a professional. You should read carefully all materials prior to use.

  10. Third Party Links.

    From time to time, the Services may contain links to websites that are not owned, operated or controlled by FinOps or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Services. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Services, you do so entirely at your own risk.

  11. Termination.

    You or we may suspend or terminate your account or your use of the Services at any time, for any reason or for no reason. We may also block your access to our Services in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

  12. Representations and Warranties.

    You represent that you have the right and authority to enter into this Agreement including binding any entity on behalf of which you enter into this agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Services is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the terms of this Agreement. In addition, you represent and warrant that if you contribute User Submissions, your User Submissions and all elements thereof are (a) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your User Submissions, or you are otherwise legally entitled to grant FinOps all of the rights

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