Last updated: October 02, 2023
Welcome to our online customer community portal (the “Community”), which is owned, operated and managed by Gloat Ltd., its subsidiaries and affiliates (hereinafter: “Gloat” or the “Company” or “us” or “we” or “our”).
The use of our Community including the use of any information or Content (as defined below) offered herein is subject to these Terms of Use (as may be amended and/or updated by us from time to time) (the “Terms”). These Terms may change from time to time and will become effective immediately after they are posted, and you agree it is your responsibility to be aware of the current version of these Terms. Any use of the Community by you is deemed acceptance by you of these Terms and including any modification of these Terms.
The Terms constitute the legal basis for any communication you may have with Gloat in connection with the Community. Please read the Terms carefully before using the Community. By using the Community in any manner, you confirm that you read, understood, accept and agree to be bound by the Terms. If you do not agree to the Terms, whether in whole or in part, you must refrain from using the Community. If you continue to use the Community, you will be deemed to have accepted these Terms.
1. Definitions. For the purpose of these Terms, the following terms shall have the respective meanings set forth beside them, unless the context requires otherwise:
1.1. “Content” means any information of any kind made available in the Community, including, but not limited to, power points deck, video recordings, webinars, customer events recording, training materials, product insights, change management content (including content that the Users may be provided, i.e., share their success stories and submit questions), texts, verbal and visual content, articles, publications, updates, newsletters, documentations and specifications design, videos, data, photos, pictures, flow charts, drawings, sound files, graphic files, links, computer codes, applications, texts, tools for configuration, management, diagnostic and support and any other data, materials or information displayed or presented on the Community, whether owned by Gloat or by a third party that granted Gloat with a right to use it in the Community.
1.2. "Use” means any accessing and/or viewing and/or visiting and/or browsing the Community for the purposes set forth in these Terms. The Use of the Community is free of charge.
1.3. “User” or “you” or “your” (including any alterations thereof) means any person or entity who is a client, customer (including any representatives and/ or employees of the customer), or other purchaser of goods or services from Gloat and that Uses the Community for any purpose including any of your Community Members (as defined below).
2. Scope of License, Limitations of Use
2.1. The Community may provide information and Content about us, our products and services, recent news and publications in order to support your implementation and expanding the use of our products and services and to assist in teaching you how best to use our products and services. We hereby grant you a worldwide, non-exclusive, non-transferable, non-sub licensable, limited and revocable license to Use the Community, solely for your business internal, non-commercial use and for legal and legitimate purposes. You may not Use the Community or its Content for any other purpose.
2.2. You may grant access and use rights to any of your permitted employees that have a need to use the Community in the scope and course of their employment with you (“Community Members”), provided that you shall be responsible at all times for the Use including any acts or omissions of such Community Members in relation to these Terms.
2.3. Use of the Community and the Content is permitted only for use with Gloat’s products and services in the scope of and in accordance with these Terms and any other written agreement between you and us, if and as applicable. Without derogating from the aforementioned, you shall use the Community in a lawful manner, and must obey all laws, rules, and regulations. Use of the Community or the Content for any other purpose is prohibited without the express permission of Gloat.
Without derogating from the generality of the foregoing, You shall not: (a) modify, alter, reproduce, copy, rent, lease, loan, sell, sublicense, display, publish, distribute or otherwise Use the Community or the Content for any public and/or commercial purposes; (b) create derivative work based (whether in whole or in part) on any Content that is available on or through the Community; (c) crawl, scrape, decompile, reverse engineer, disassemble and/or otherwise attempt to reveal and/or derive the source code of the Community or any Content (including without limitation, any algorithm); (d) send and/or upload any “spam” or otherwise unsolicited messages in violation of applicable laws; (e) send and/or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or in violation of third party rights; (f) send and/or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (g) interfere with or disrupt the integrity or performance of the Community, its host or the Content; (h) attempt to gain unauthorized access to the Community or its related systems or networks; (i) create any link or deep linking and/or references to the Community from other sites; (j) remove, alter or obscure any copyright, trademark or other proprietary rights notices on or in the Community, or perform any other action in the Community or any part thereof in violation of the Terms and/or that may cause any damage to Gloat.
2.4. Gloat will not provide you with any username, password, or other login credentials (“Login Credentials”). You are solely responsible for the usage and security of your Login Credentials. We disclaim all liability resulting from or arising from unauthorized access to the Community through your Login Credentials.
2.5. You may not collect personal information from our Community for any purpose other than to contact us seeking representation or other legitimate reasons for contacting us. You may not use the e-mail addresses published on the Community to send unsolicited marketing messages (spam).
3. Information provided by you
The Community allows you to ask questions, view previous community events, shares success stories and otherwise contact us via forms available on the Community. If you provide us with any information, including, feedback, review, questions about our product or services or in relation to any materials and content available on the Community, including if you choose to submit your success stories by completing any of the forms through the Community or otherwise contact us, we may, at our discretion, share your information on the Community or in other capacities including marketing or sales communications and newsletters to our customers. By submitting information or materials through the Community forms, you or anyone acting on your behalf, acknowledge that any such information or materials will not be considered as your confidential or proprietary information. Please do not share any important or private or sensitive information through the forms on the Community.
4. Intellectual Property Rights
The Community (including any Content therein) is and shall remain the sole property of Gloat (and/or its licensors) and is protected by copyright and other intellectual property laws or treaties. Gloat (and its licensors) own any and all rights, title and interest in and to the Community, all Content including any and all original works of authorship, developments, improvements, derivative work, copyright, trademarks, service marks, trade names (registered and unregistered), and other intellectual property rights in and to the Community or the Content. We reserve all rights not expressly granted herein and to the Community and the Content.
5. No Warranty and Disclaimers
5.1. THE USE OF THE COMMUNITY IS AT YOUR OWN RISK. THE CONTENT CONTAINED IN THE COMMUNITY IS OF A GENERAL NATURE AND IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY, REPRESENTATION OR UNDERTAKING (WHETHER EXPRESSED OR IMPLIED) OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR USER'S INTENDED PURPOSES OR NON-INFRINGEMENT. THE COMMUNITY, INCLUDING ANY CONTENT DISPLAYED ON THE COMMUNITY DOES NOT CONSTITUTE AND SHOULD BE CONSIDERED AS AN OFFER FOR, OR AN INVITATION BY OR ON BEHALF OF GLOAT TO PROVIDE ANY SERVICE, NOR DOES IT CONSTITUTE ADVICE ON ANY SUBJECT MATTER, EITHER DIRECTLY OR INDIRECTLY.
5.2. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE COMMUNITY (INCLUDING ANY PART OF IT) IS AT YOUR OWN RISK. GLOAT EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON THE CONTENT OF THIS COMMUNITY OR FOR ANY CONSEQUENCES WHATSOEVER ARISING FROM USE OF THE CONETENT CONTAINED IN THE COMMUNITY AND/OR REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS OR RELIABILITY OF THE CONTENT CONTAINED ON THIS COMMUNITY, OR THAT IT IS ERROR FREE. GLOAT DOES NOT WARRANT THAT THE COMMUNITY WILL BE AVAILABLE AND/OR UNINTERRUPTED AND/OR THAT IS WILL WORK IN FULL OPERATING CONDITION AT ALL TIMES.
6. Limitation of Liability
6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GLOAT (AND ITS LICENSORS, PARTNERS, ASSOCIATES, EMPLOYEES AND REPRESENTATIVES) BE LIABLE FOR ANY DAMAGE (INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, SUCH AS DAMAGE DUE TO LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, DAMAGE TO GOODWILL, ETC.) ARISING OUT OF OR RELATED TO THESE TERMS, THE USE AND/OR INABILITY TO USE AND/OR THE RESULTS OF USE OF THE COMMUNITY, CONTENT CONTAINED ON THE COMMUNITY (INCLUDING, WITHOUT LIMITATION, RELIANCE ON SUCH CONTENT) OR ON ANY SITE LINKED TO THE COMMUNITY, AND/OR RESULTING FROM EXPOSURE TO COMPUTER VIRUSES OR OTHER MALWARE, REGARDLESS OF WHETHER THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND WHETHER BASED ON CONTRACT, TORT OR OTHERWISE. THE SOLE AND EXCLUSIVE RELIEF AVAILABLE TO YOU IN ANY SUCH EVENT(S) IS TO LEAVE THE COMMUNITY.
6.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GLOAT FOR ANY DAMAGES UNDER THESE TERMS OR ARISING OUT OF YOUR USE OR INABILITY TO USE THE COMMUNITY OR ITS CONTENT SHALL EXCEED ONE HUNDRED DOLLARS ($100).
7 .Third Party Links
The Community may, as a convenience to you, include or suggest links or references to third party websites and services, and/or display advertisements for third parties. If you use these links/references, you will leave the Community. Gloat does not guarantee that such references or links will lead to active sites, it does not review or control such third party sites and it is not responsible for them or their content. Accordingly, Gloat does not make any representation or warranty regarding these sites or regarding any information, software, products or materials contained on them or any result that could arise from using them. You are solely responsible for any decision to access a third party site that is linked to the Community. When using links, you must read and comply with the terms of use and all other conditions and instructions on the linked site. Gloat reserves the right to remove and/or block links to third party sites through technological or other means, without prior written notice.
8. Trademarks
8.1. The names of companies and/or customers mentioned on the Community are trademarks or commercial logos of their respective owners and are presented on the Community under the owner consent and license. Gloat logo incorporated in the Community is protected by the trademarks of Gloat.
8.2. The Use of the Community does not confer on you rights in trademarks of Gloat and/or any third parties presented on the Community.
9. Privacy
9.1. Personal Information submitted by you or collected by us in connection with the use of the Community is subject to our Community Privacy Policy (“Privacy Policy”), the terms of which are incorporated herein by reference.
9.2. We will use your name and email address to verify your eligibility to login to the Community and allow your access to the Community. By contacting us through the Gloat Community email or by submitting a question or sharing success stories or otherwise, you agree that we may contact you directly via email to provide you further support relating to that request. If you opt-in, you acknowledge that we will use your email address to send you marketing and sales communications. You may unsubscribe at any time using the link within the footer of every email. For more information about our privacy practices and personal information we collect on the Community, please see our Privacy Policy.
9.3. Cookies are used on the Community to automatically collect personal information from the Community visitors. Please see our Community Cookie Policy for more information.
By using the Community, you agree and undertake to comply with the terms of our Content Privacy Guidelines, as amended from time to time.
10. Term and Termination
10.1. These Terms commences on the date you register to or otherwise access or interact with the Community and continues for so long as you access the Community or until it is otherwise terminated by you or Gloat (the “Term”). These Terms and access to the Community will automatically terminate if the services agreement between you and Gloat expires or is otherwise terminated.
10.2. Gloat, at its sole discretion, at any time, may terminate these Terms and/or suspend, terminate or otherwise deny you access to or use of all or any part of the Community without incurring any resulting obligation or liability, without notice and for any or no reason.
10.3. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Community in any way, your only recourse is to immediately discontinue use of the Community. Upon termination of these Terms, you shall (i) cease all use of the Community and Content; and (ii) return or destroy any Content in your possession. The following sections shall survive termination of these Terms: Section 1 (‘Definitions’), Section 3 (‘Intellectual Property Rights’), Section 4 (‘No Warranty and Disclaimers’), Section 10.1 (‘Independent Contractors’), Section 10.4 (‘Indemnification’), Section 10.2 (‘Severability’), Section 10.5 (‘Governing Law and Jurisdiction’) and Section 10.6 (‘Entire Agreement and Amendments’).
11. Miscellaneous
11.1. Independent Contractor. You and Gloat are independent contractors. The provisions of the Terms will not be construed to establish any form of employment, partnership, agency or other joint venture of any kind between you and Gloat, nor to constitute either party as the agent, employee or legal representative of the other party.
11.2. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Gloat without restriction or notification to you.
11.3. Severability. If any of the terms herein is determined to be illegal, invalid or otherwise unenforceable by reason of law, then to the extent and within the jurisdiction in which the term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms, and the remaining terms shall survive, remain in full force and effect, and continue to be binding and enforceable.
11.4. Indemnification. You will defend, indemnify and hold harmless Gloat, its licensors and affiliates and each of their respective officers, directors, employees, contractors, agents and representatives from and against all claims, losses, costs, damages, liabilities, costs and expenses (including without limitation, reasonable attorney's fees) incurred by Gloat due to Use of or inability to Use the Community or your violation of these Terms.
11.5. Governing Law and Jurisdiction. The Terms shall be governed by and construed exclusively in accordance with the laws of the state of Israel, excluding its choice of law principals. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Tel-Aviv, Israel.
11.6. Entire Agreement and Amendments. These Terms form the entire agreement between Gloat and you regarding your Use of the Community. Gloat reserves the right to alter and/or amend the Terms from time to time without advance notice by posting revised Terms. You can see when the Terms were last updated by checking the revised date at the top of the Terms. Further, Gloat reserves the right to change the graphics of the Community, add or remove any Content, and also temporarily suspend or permanently stop the activity of the Community at any time, without advance notice.
11.7. Contact Us. If you have any question regarding the Terms, please contact us at gloatcustomercommunity@gloat.com.
