Community Terms of Use & Conditions
General code of conduct
Our community is there for everyone, however, we want to make sure that the community offers a positive experience for all visitors. Ataccama's Community is a professional and safe space for our customers, partners, and users to communicate and share best practices, learn, ask questions, discuss all things data, and get how-to guidance from fellow users and experts. By using the Ataccama community, you are agreeing with the terms of use herein.
BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR ACCESSING OR USING THE PLATFORM, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE PLATFORM. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THESE TERMS ARE LEGALLY BINDING UPON IT.
Should there be any questions or issues, please let us know via email to community@ataccama.com. Ataccama reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion.
“Content” for the purposes of these terms means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Ataccama community, whether by us, our customers or other Users of the community.
Username and Password
You will be required to set up an account in order to post on the community and in the user group. If so, you have complete responsibility for your account and everything that happens on your account, including if someone accesses your account without your permission. You have the right to delete your account and any Submissions, as defined below. You understand and agree that if you choose to exercise such a right, it will not apply retroactively. Usernames must not (i) belong to someone else; (ii) impersonate another person; (iii) violate any intellectual property or proprietary rights; (iv) be vulgar or offensive; (v) uses Ataccama as all or part of it, unless permission is granted by Ataccama to do so. If your access to or use of the Ataccama community has been breached, compromised or unauthorized, notify us immediately at security@ataccama.com.
Be friendly
Users must treat one another with respect. Users will not post any racist, insulting, sexist, discriminatory, harassing, abusive, stalking, defamatory, threatening or otherwise insulting Content, will not use coarse language, make inappropriate jokes or otherwise harass other users. Users must not directly or indirectly use the community with Content which is deceptive, false, misleading or fraudulent. Users shall not (i) post “rants” or “slams” or legal threats against another User or another company or competitor; (ii) post political or religious statements or commentary; (iii) post hyperlinks that lead to sites that violate terms herein; (iv) evade bans or suspensions or otherwise disregard directions from community moderators or administrators. Users must adhere to the Ataccama Community Guidelines found under the “Welcome” section.
Stay legal
As a condition of your use, you warrant to Ataccama that you will not use the community for any purpose that is unlawful or prohibited by these terms, or in any manner which can damage, disable, overburden, or impair the community or interfere with any other party’s use and enjoyment of the community. Users may not post any pornographic, vulgar, obscene, indecent, or unlawful or otherwise offensive material, share illegal or copyrighted content, attempt to distribute illegal substances, distribute viruses or other material which gives you access to the computers or systems of other users, or generally anything that is considered illegal by your country of residence.
Stay on topic
Please do not change the subject of a discussion to something not intended by the original poster. Any off-topic posting or “hijacking” of threads will result in content being removed and ultimately can cause users to be denied access to the community.
Use restrictions & No commercial use
Users are not permitted to directly or indirectly use the community with Content, or in a manner that (i) uploads files that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer; (ii) attempts to gain unauthorized access to the community; (iii) violated the terms of Ataccama’s Acceptable Use Policy at www.ataccama.com/legal/terms-conditions-of-use. Users may not use the forum for (commercial) activities such as the advertising or sale of products or services, the sending of commercial messages (spam), the offering of (interactive) games or the advertising of other chat forums or websites. Users shall not use the community for solicitation or advertising purposes, unless agreed otherwise in writing. Users are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant security interest in, or otherwise transfer any right in the community or community Content. Users are not granted a license to any Solutions by these terms. Such Solutions are protected by intellectual property laws and Ataccama retains all ownership rights to trademarks. Users shall not use Ataccama trademarks without permission and/or (a) in a misleading or disparaging way; (b) outside the scope of the terms provided by Ataccama upon agreement; (c) in a way that implies that ATaccama endorses, sponsors, or approves of your services or products; or (d) in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material. User use of the community is subject to Ataccama’s privacy and cookie policy, available at www.ataccama.com/legal/privacy-notice.
No sharing of private information
Users may not disclose or solicit anyone’s personal information (telephone numbers, email addresses, etc.) or disclose confidential information of themselves, other people or companies. Users shall be responsible for the use by third parties of any personal information disclosed by you to the community, whether or not you permitted such use. Users shall not use the community with Content with is invasive of another’s privacy or otherwise violate another’s legal rights and/or infringes a third party’s intellectual property right(s), including publishing, posting, uploading or otherwise distributing any software, music, videos, or other material protected by intellectual property laws unless such User has all necessary rights and consents to do so.
No multiple accounts
It is not allowed to own multiple accounts on this community. If the Community Team detects double accounts all secondary accounts will be banned.
Moderator actions & Proprietary rights
The Community Team reserves the right to change or remove Content, block or disable replies on a topic, or to restrict access to individual Users, should it be regarded as necessary. It is not allowed to discuss any Moderation actions in public, should you agree with an action taken then please contact a Moderator or the Community Manager via private message. The community contains proprietary and confidential information that is protected by applicable intellectual property and other laws and Ataccama and its Affiliates retain all right, title and interest in and to the community and its Content that is included in the community. If you give feedback on the community, we have the right to use the feedback in any way. We reserve all rights in and to the community unless we expressly state otherwise. By posting any Content, Users grant Ataccama all worldwide, non-exclusive, royalty-free, fully-paid, sublicensable and licenseable rights, licenses, and permissions necessary to display, reproduce, disseminate, and otherwise use your Content in connection with the community and our business (including marketing and publicity purposes). Users agree to re-use your Content to market and promote Atacama, such as on our website, in public or private presentations, press release and interviews or in connection with our sales and marketing efforts. You also agree to sharing and use of your Content by us and other users as set forth in these Terms. You understand that once you post your Content, your Content becomes public and can be seen by any Users of the community, and we are not responsible for keeping it confidential. Ataccama does not endorse any submissions or Content or make any promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any submissions or Content.. You may find Content and submissions to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold Ataccama responsible in any way for your use of the community, including your exposure to submissions and/or Content.
Be careful
All users on this community are here to help, however, nobody can be held responsible for any negative consequences resulting from information derived from this community.
Term
These terms will apply for as long as Users use, view, or maintain a username for the community. Ataccama may terminate and/or suspend access immediately if User uses community in a way which has negatively reflected Ataccama, its prospects, or its customers or if Ataccama determines it to be necessary or desirable in its sole discretion.
Your representation & warranties
Users shall represent and warrant that (i) User participation in the Ataccama community will not conflict with any of such User’s existing agreements or arrangements; (ii) Users have sufficient rights to share Content within the community; (iii) Users are legally entitled to grant any licenses as set forth herein. Users shall indemnify, defend and hold harmless Ataccama against any third-party claim, suit, action, or proceeding, brought against it by a third-party to the extent that it is based upon or arises out of (a) User’s use of the community; (b) User’s disclosure or solicitation of personal information; (c) any use of personal information that such User disclosed; (d) User’s non-compliance or breach of these terms. Ataccama shall notify you in writing within thirty (30) days of Ataccama becoming aware of any such claim, give you sole control of the defense and/or settlement of such claim and provide User (at the User’s cost) any and all information reasonably requested by you to handle the defense and/or settlement. User shall not accept any settlement that imposes an obligation on Ataccama, requires Ataccama to make an admission or imposes liability not covered herein on Ataccama without prior written consent.
Warranties
To the extent provided by law, the Ataccama community is provided as-is without warranty or condition of any kind. Ataccama disclaims any warranties and conditions of any kind with regard to the community and the community Content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Limitation of Remedies and Danger
Consequential Damages Waiver
Ataccama and its Affiliates SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOSS OF USE, LOST or INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. If, notwithstanding the other terms of this agreement, Ataccama is determined to have any liability to you or any third party, the parties agree that aggregate liability for all causes of action shall not exceed one-hundred ($100) dollars. In no event shall Ataccama be liable for indirect, punitive, or consequential damages, including but not limited to lost profits or business opportunities. The parties agree that the waivers and limitations specified in this provision apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
Dispute Resolution; Arbitration.
In the event of any controversy or claim arising out of or relating to these terms, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of sixty (60) days, any unresolved controversy or claim arising out of or relating to these terms shall proceed to binding arbitration under the Rules of Arbitration Association related to the jurisdiction agreed to between parties. The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party, and a third selected by the first two. Arbitration will take place in one of the following cities as mutually agreed between the parties: New York, Vienna, London, and/or Toronto. If the parties are unable to agree to one of these cities, then the arbitration shall proceed in New York. All negotiations and arbitration proceedings pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be English.
Governing Law; Jurisdiction.
These Terms will be governed by and construed in accordance with the applicable laws of the New York, USA, without giving effect to the principles of that State relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding that is not otherwise subject to the arbitration provisions (as mentioned herein in Dispute Resolution; Arbitration) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the State or Federal court in New York, USA, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in New York, USA, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. Notwithstanding the foregoing, Ataccama may bring a claim for equitable relief in any court with proper jurisdiction.
Injunctive Relief; Enforcement.
Notwithstanding the provisions of Dispute Resolution; Arbitration herein, nothing in these Terms shall prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
General terms
Ataccama may provide you with notices via email, as determined by us in our discretion. Any notices you give to us under these Terms will be deemed given only when personally delivered, delivered by reputable international courier requiring signature for receipt, or three (3) business days after being deposited in the mail, first class, postage prepaid, in each case to: Sokolovská 685/136f, Karlín, 186 00 Prague, Czechia Attn: Legal Department, cc: General Counsel. The parties are independent contractors, and there is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. If a court having proper authority decides that any portion of these Terms is invalid, only the part that is invalid will not apply, and the rest of these Terms will still be in effect. If Ataccama waives any of its rights under these Terms in any particular instance, it does not mean that Ataccama is waiving its rights generally or in the future. We won't be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency. We may use the services of subcontractors and permit them to exercise the rights granted to us in order to provide the Platform under these Terms.
Cookies
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How we use cookies
Information we obtain from cookies are used to analyze our community. We use this data to adjust the community to your personal preferences. Finally, when sending information about our products and services, we can take your previous interest for certain pages into account.
Cookie setting
You choose which cookies you want to allow. If you have an account you can adjust your choice in your profile settings. If you do not have an account, you can change your cookie settings by deleting them via the internet options of your browser and visiting the community again. You will then be asked to choose your settings again. There are 3 settings: Basic, Normal and Complete.
- Basic: Functional
- Normal: Functional + analytics
- Complete: Functional + analytics + social media + embedded videos
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Tracking / Analytics
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