Your Acceptance
By using or visiting the Nutanix, Inc. (“Nutanix”) website or any Nutanix products, software, and services provided to you on, from, or through the Nutanix website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service" or “Agreement”), (2) our Privacy Policy, (3) the Nutanix Next Community Guidelines (“Guidelines”), and (4) our Terms of Use, and all also incorporated herein by reference. It is a contract in electronic form between you (“you,” “your,” and “yourself”) and Nutanix, Inc. and its successors, subsidiaries, and affiliates (“Nutanix,” “we,” “us,” and “our”).
By using the Services or registering with us, you are agreeing to the Terms of Service and may use our Services as long as you comply with the terms. If you do not agree to any of these terms, the Terms of Use, the Privacy Policy, or the Guidelines, please do not use the Service.
Registering a Username
You will need a username to use some Services. A username is a unique identifier selected or supplied by you and is used to identify you on our Services and/or in the Nutanix Next Community (“Community”).
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. The Service is not available to any Users previously removed from the Service by Nutanix.
You must give us true and accurate information about yourself and keep that information up to date. You may select to use a screen name in order to remain anonymous.
You are responsible for maintaining security and control over any e-mail address or online identifier provided to us as a username. If you fail to maintain security or control over such an e-mail address or other online identifier, you are responsible for any consequences and may lose access to your personal information and any data stored on our Services. In addition, we are not responsible for the release or loss of any information that is identified with that address or identifier.
Following termination or deactivation of your account, Nutanix may retain your profile information and User Content for a commercially reasonable time for backup, archival, or audit purposes. Furthermore, Nutanix may retain and continue to use indefinitely all information (including User Content) contained in your communications to other Users or posted to public or semi-public areas of the Service after termination or deactivation of your account.
Using Our Services
To use our Services, you must:
- Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;
- Immediately notify us if you learn of a security breach or other illegal activity on the Services;
- Protect your username and password;
- Not engage in an activity that is harmful to us or our customers, Users, affiliates, vendors, partners, or anyone else;
- Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason;
- Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services;
- Not to collect or harvest any personally identifiable information, including account names, from the Service; and
- Not to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes.
Additionally, you agree NOT to post User Content that:
- 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;
- May create a risk of any other loss or damage to any person or property;
- Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- May constitute or contribute to a crime or tort;
- Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Contains any information or content that you know is not correct and current; or
- Contains any material that is contrary to the Guidelines, which may be updated from time to time.
To prevent violations, enforce this Agreement, and remediate any violations, we can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you.
Our Services
We may, without prior notice, change the Service, stop providing the Service or features of the Service, to you or to Users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.
The Service may contain links to third party websites that are not owned or controlled by Nutanix. Nutanix has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Nutanix will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Nutanix from any and all liability arising from your use of any third-party website.
The Services are based and operated in the United States and are not designed or customized for any other country. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
User Content
You may post content to the Community such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is “User Content”). You can post content to a Service only if (a) you created and own the rights to the content or you have the owner’s express permission to post the content; and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, this Agreement, the Terms of Use, our Guidelines, or any other posted policies. We can remove content for any reason.
You are responsible for any content you post to our Services and the consequences of
sharing or publishing such content with others. This includes, for example, any personal information, such as your company address, the address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SERVICES.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Nutanix shall have no liability for your interactions with other Users, or for any User’s action or inaction.
To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Nutanix reserves the right, but is not obligated, to reject and/or remove any User Content that Nutanix believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
Except as otherwise provided in this Agreement, you or the owner of any content that you post to our Services retain ownership of all rights, title, and interests in that content. However, by posting content on our Service, you grant us and our assigns, agents, and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution.
You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in the Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that Nutanix may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in User Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.
The Content provided on the Services, including Content posted by other users, is for general information and discussion purposes only. We make no representations or guarantees about any aspect of the content on the Services and do not endorse any opinions expressed by any users. ALL CONTENT IS POSTED "AS IS" AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Nutanix and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is prohibited.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
Digital Millennium Copyright Act NoticeSince we respect artist and content owner rights, it is Nutanix’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Nutanix’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Nutanix to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice Nutanix, Inc.
1740 Technology Dr., Suite 400, San Jose, CA 95110Tel: (855)-NUTANIX (688-2649) Fax: (408) 916-4039 Email: info@nutanix.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
In accordance with the DMCA and other applicable law, Nutanix has adopted a policy of terminating, in appropriate circumstances, Users who are deemed repeat infringers. Nutanix may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NUTANIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. NUTANIX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. NUTANIX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NUTANIX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT SHALL NUTANIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NUTANIX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT NUTANIX SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Nutanix, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
General Legal Terms
Entire Agreement. These Terms of Service, together with the Terms of Use, the Guidelines and Privacy Policy and any other legal notices published by Nutanix on the Service, shall constitute the entire agreement between you and Nutanix concerning the Service. The controlling language of this Agreement is English.
Modification of Terms. We may modify these Terms of Service from time to time. If you do not agree to the changes, stop using our Services before the changes take effect. Your use of a Service after the effective date of any changes means that you agree to the changes.
Severability. If a court of law finds that any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
Assignment. We may assign this Agreement at any time without notice to you. You may not assign this contact to anyone else.
Governing Law & Venue. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Except to the extent any applicable law provides otherwise, governing law and venue shall be as follows:
(1) For Users located in the Americas (North, Central and South), this Agreement shall be governed and construed by the laws of California, U.S.A., excluding its conflict of law provisions and you expressly agree that jurisdiction for any claim or dispute arising from the use of the Service resides exclusively in the federal and state courts situated in the Santa Clara County, California, U.S.A., and you consent to the personal jurisdiction thereof.
(2) For Users outside of the Americas, (Europe, Middle East, Africa, Asia-Pacific and Japan), this Agreement shall be governed and construed in accordance with the law of the Netherland and you hereby agree to the exclusive jurisdiction of the courts in the Netherlands.