Medallia Ideas User Terms

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1. These Terms and Who We Are

1.1 These terms (“Terms”)create an agreement between you and us which covers your use of the Medallia Ideas (formerly known as ‘Crowdicity’) website at www.Crowdicity.com and the platform which powers the Medallia Ideas offering (together the ""Site"") as well as the 'Communities' you may visit or participate in through it. These Terms can be printed for future reference.

1.2 We also have a Privacy Policy which contains information about how your personal information may be used and for what purposes. You can find that here.

1.3 Sometimes, the owners of individual Communities (“Community Owner”) will include their own terms or privacy policy that apply to your use of that specific Community and in addition to these Terms (we call these “Community Specific User Terms” and “Community Specific Privacy Policy”). This creates a separate agreement between you and the Community Owner. We are not a party to any such agreements and any questions should be raised with the Community Owner.

1.4 References to "us"/"we"/"our" in these Terms means Medallia, Inc., 575 Market Street, Suite 1850, San Francisco, CA 94105.

2. Accessing Communities

2.1 You will need to register for a 'Medallia Ideas Member Account' to participate in any Communities.

2.2 Some of the Communities are “closed” or “private” Communities for access only by those who are invited by the Community Owner. To access these Communities you must click on the link in the invitation the Community Owner has sent to you. You will still need to register an account to use the Site generally if you have not already done so. You can, of course, request access to a “closed” or “private” Community, but access will only be granted at the complete discretion of the Community Owner.

2.3 You must treat all log-ons, usernames and passwords as information as confidential and you must not disclose them to any third party.

2.4 We may invite you to participate in other Communities which we think may be of interest. You can always choose whether or not you actually want to participate.

3. Using Medallia Ideas

3.1 In each Community, you can post a new idea (feedback, suggestion etc) or a comment to an existing idea. You can also vote in polls that are held. In some cases you can also add images and document files to support your contribution.

3.2 Your username, photo (if you have uploaded one) and other personal information that you have provided for publication with your profile will appear as part of your contribution when published in a Community.

3.3 Please be responsible and 'play nice' when you use the Site and Communities. In particular:

3.3.1 remember you are responsible for your participation in any Community including any content which you choose to post or share in a Community. Don’t post content which is unlawful, may cause offence or where you don’t have the rights to do so;

3.3.2 don’t introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

3.3.3 be aware that you don’t have the right to take content or ideas posted by other people and to use them for your own purposes or to give them to other persons. Where you are using a private Community, the Community Owner expects that you will treat all content and information which you see in it as confidential. Please be aware that you may also be bound by confidentiality obligations owed to the Community Owner based on contracts you have in place with the Community Owner such as, for example, under a contract of employment or contract for services; and

3.3.4 note that many Communities are not moderated (although some Community Owners choose to do so) and rely on contributions from users. We are not responsible for inappropriate or unlawful content which may appear you should treat content with common sense caution.

3.4 We, or the relevant Community Owner, have the right to promptly remove, edit or to disable access to, any contribution which is deemed to be potentially unlawful, in breach of any third party rights or in breach of these Terms.

4. Intellectual Property Rights

4.1 When you post ideas or content to a Community, unless you enter into Community Specific User Terms for a specific Community which state otherwise:

4.1.1 you still own your contribution and have the right to use it for other purposes; but

4.1.2 you give us a free of charge right to use that contribution forever in order to provide our services; and

4.1.3 you also give the Community Owner a free of charge right to use that contribution forever for their own purposes.

4.2 Sometimes, however (for example if the Community Owner is your employer), the Community Owner will require you to accept Community Specific User Terms for their Community which instead of the position described under 4.1.1 and 4.1.3, provide that all intellectual property rights in your contributionsare assigned to the Community Ownerand that you can’t use them for any other purpose. Make sure you read any Community Specific User Terms carefully therefore to understand what rights you have and are giving.

4.3 All intellectual property rights in the Site (as opposed to the content and ideas you contribute in Communities, which is explained above) are owned by us and you can’t use the Site, our intellectual property and branding for any purpose other than to receive the services that we provide.

5. Term and Termination

5.1 Some Communities will only be available for a limited amount of time or may be removed or amended by the relevant Community Owner at any time. You can stop using the Site and Communities whenever you want.

5.2 If we, or a Community Owner, believe that you may have breached these Terms we may at our discretion take such action as we, or the Community Owner, deem appropriate including:

5.2.1 immediate, temporary or permanent withdrawal of your right to use the Site or specific Communities;

5.2.2 immediate, temporary or permanent removal of any contribution you have already make to the Communities;

5.2.3 issue of a warning to you; or

5.2.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

6. Responsibility and Liability

6.1 Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by negligence or for fraudulent misrepresentation. You have certain legal rights. These include that we will provide the service with reasonable skill and care and within a reasonable time. You have certain legal remedies if we breach any of these rights. Nothing in these Terms is intended to affect these legal rights or other rights to which you may also be entitled.

6.2 We are not responsible for losses not caused by our breach, indirect losses, or a failure to provide the Site and Communities due to any cause beyond its reasonable control which prevents us from fulfilling our obligations including but not limited to fire, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God. We will use reasonable efforts to make the Site and Communities available at all times. However access and network availability may be affected by factors outside our reasonable control.

6.3 If we do breach these terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering this agreement.

6.4 Our total liability to you shall in no circumstances exceed £100.

6.5 We may also provide links on our Site or in Communities to the websites of other companies (such as the Community Owner), whether affiliated with us or not. We don’t endorse them and are not responsible for their contents.

7 . Complaints and Law

7.1 You can complain about any contribution posted to a Community by following the relevant icons or prompts next to the ideas and comments in the relevant Community.

7.2 You can write to us at help@crowdicity.com.

7.3 If you are in the EU and we are unable to resolve any disputes, you may have certain rights to refer disputes to the EU’s Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

7.4 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, these Terms. These Terms are governed by English law, and any agreement pursuant to them, shall be in the English language.