Nintex Xchange™ and Nintex Connect Specific Terms
Nintex Xchange™ is an online catalog of templates, applications, and downloadable solutions that interoperate with the Nintex platform. Among other things, Nintex Xchange allows users to test drive, review, and install those applications.
Nintex Connect, located at community.nintex.com is an online community of partners, customers, and Nintex supporters. They use the site to find product information and tutorials and to ask questions, find solutions and share knowledge about how to best use the Nintex Workflow Platform.
Most of the assets and content on Nintex Xchange and Nintex Connect (collectively, the “Communication Services”), are submitted by parties other than us. That third-party content is the sole responsibility of the originator of that content. Nintex is not responsible for any third-party content, whether or not Nintex reviewed or moderated such content.
You agree that you bear all risks associated with using or relying on applications and content on the communication services, regardless of who originated that content (including our employees, partners, affiliates, or moderators).
The assets and content on or available through the communication services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Nintex may make improvements and/or changes to the communication services at any time. Advice received via the communication services should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Access to Services and Passwords
To access the Services or some of the related services or resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that the information you provide will be correct, current, and complete and that you will abide by these terms. If Nintex believes that the information you provide is not correct, current, or complete or that you have violated any provision in these Terms, it has the right to suspend your access to the Services or the services of our third-party service partners, if any, or to temporarily suspend or permanently terminate your user account, in its sole discretion.
Any passwords are for individual use only. You are responsible for the security of your password and account. Nintex will be entitled to monitor your password and, at its discretion, require you to change it. If you choose, or are provided with, a user name, password, or other piece of information as part of security procedures, you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Nintex immediately of any unauthorized use of your account or any other breach of security. Nintex will not be liable for any loss that you may incur as a result of someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
Use of Communication Services
The Communication Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
Nintex has no obligation to monitor the Communication Services. However, Nintex reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Nintex reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
By way of example, and not as a limitation, you agree that when using the Services, you will not:
- Conduct or promote any illegal activities, including but not limited to intellectual property infringement, or engage in conduct which Nintex, in its sole discretion, finds abusive or objectionable while using the Services;
- Transmit, publish, post, upload, distribute, or disseminate any information, topic, name, or material that Nintex, in its sole discretion, believes to be abusive, defamatory, excessively violent, harassing, vulgar, obscene, lewd, lascivious, objectionable, or that defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
- Engage in or promote any surveys, contests, pyramid schemes, chain letters, junk email, spamming, or other duplicative or unsolicited messages (commercial or otherwise);
- Upload or transmit any form of virus, Trojan horse, worm, time bomb, cancelbot, corrupted files, malicious code, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Attempt to reverse engineer or jeopardize the correct functioning of the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Services;
- Attempt to gain access to secured portions of the Services to which you do not possess access rights or obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Services;
- Use any automatic or manual tools, software, or process to search or harvest information, including information about individuals, including email addresses, from the Services, unless available as a function provided by Nintex (i.e., a search tool), or to interfere in any way with the proper functioning of the Services;
- Use the Services in any manner which could disable, overburden, damage, or impair the Services or restrict, inhibit, or interfere with any other party’s use and enjoyment of the Services;
- Advertise or offer to sell or buy any goods or services for any business purpose, unless the portion of the Services specifically allows such message;
- Download any file posted by another user of the Services that you know, or reasonably should know, cannot legally be reproduced, displayed, performed, and/or distributed in such manner;
- Falsify or delete any copyright management information, such as author attributions, legal, or other proper notices or other material contained in a file that is uploaded;
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof;
- Co-brand the Services without the express prior written permission of Nintex’s authorized representative. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Services or content accessible on or through the Services; or
- Violate any applicable laws or regulations.
Nintex reserves the right at all times to disclose any information as Nintex deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Nintex’s sole discretion.
Always use caution when giving out personally identifiable information about yourself or your children in any Communication Service. Nintex does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, Nintex specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Nintex spokespersons, and their views do not necessarily reflect those of Nintex.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Nintex reserves the right, in its sole discretion, to terminate your access to Nintex Xchange and the related services or any portion thereof at any time, without notice.
Materials provided to Nintex or posted at any Nintex web site
Nintex does not claim ownership of the materials you provide to Nintex (including feedback and suggestions regarding Nintex Xchange, Nintex Connect, or other Nintex material posted on the site) or post, upload, input, or submit to any part of the Services or its associated services for review by the general public, or by the members of any public or private community, (a “Submission” and, collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting (“Posting”) your Submission you understand and agree that you are giving a license under your intellectual property rights to all authorized users, including the rights to download, copy, modify, distribute, and repost, unless the project licenses specify otherwise. In addition, you are giving Nintex all necessary rights to make your Submission(s) available on this site and to make improvements to Nintex Xchange based on your suggestions. Nintex does not control, review, revise, endorse, or distribute third-party Submissions. Nintex is hosting Nintex Xchange solely as a web storage site as a service to the developer community.
Nintex makes no representation or warranty that any data submitted will be retained for any particular period of time, and you agree to maintain on your servers duplicate copies of all submissions.
No compensation will be paid with respect to the use of your Submission. Nintex is under no obligation to post or use any Submission you may provide, and Nintex may remove any Submission at any time in its sole discretion.
By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms, including without limitation all the rights necessary for you to provide, post, upload, input, or submit the Submission(s).
In addition to the warranty and representation set forth above, by posting a Submission that contains images, photographs, pictures, or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that:
- You are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms and the Services;
- You have the rights necessary to grant the licenses and sublicenses described in these Terms; and
- That each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display, and reproduction of such Images.
Unsolicited idea submission policy
Nintex or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Nintex’s products or marketing strategies might seem similar to ideas submitted to Nintex. If, despite our request that you not send us your unsolicited ideas and materials, you still send them, please understand that Nintex makes no assurances that your ideas and materials will be treated as confidential or proprietary.
The Services may need updating from time to time. These updates may temporarily disrupt use of the Services and are designed to improve, enhance, and further develop our Services and may take the form of bug fixes, enhanced functions, new service offerings, and updated Services. You agree to receive such updates as part of your use of the Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nintex as a result of these terms or use of the Services. You further agree that the Terms create no third party beneficiary rights that are not expressly included.
If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect.
Unless otherwise specified herein, these terms constitutes the entire agreement between the user and Nintex with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nintex with respect to the Services.
A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these terms and all related documents be drawn up in English.
Nintex reserves the right to change the terms, conditions, and notices under which the Services are offered. Your continued use of the Services indicates your agreement to the modified terms, conditions, and notices.