1.1. The WalkMe Community (“Community”) is a web-based platform that enables you and other WalkMe customers to receive invitations from us to participate in various challenges related to promoting WalkMe Services, such as but not limited to sharing items of importance to us on social media, speaking at one of our conferences, or talking about us to others (each a “Challenge”).
1.2. You agree that by providing us with your information and clicking “Accept”, you are entering into a legally binding agreement with us, all as set forth below (the “Community Agreement”):
Specifically, the personal data that you might share with Influitive in the course of participating in the Community includes but is not limited to: name, email, title, company name, shipping address and social media profile.
Without derogating from the generality of the foregoing, You hereby acknowledge and agree to the following specific terms and conditions:
2.1. Your participation in the Community and in a Challenge is completely voluntary. You may cancel your account at any time.
2.2. The Community may allow you to interact with us and other customers by posting your own content to the Community. “Content” means anything you post to the Community, including opinions, expressions, points of view, articles, videos, messages, photos, advice or any other information.
2.3. As between you and us, you own the Content that you post to the Community. However, by posting Content, you give us and our affiliates a non-exclusive, royalty-free, perpetual, transferable and sublicensable license to use, copy, modify, distribute, publish and process your Content, without any further consent, notice, or compensation to you or any other third party.
2.4. In addition, by submitting suggestions or other feedback about the Community to us, you agree that we can use and share (but do not have to use or share) such feedback for any purpose without compensation to you.
3.1. As part of your participation in the Community, You might be eligible, from time to time, for certain rewards in exchange for points earned by You through Your participation in different activities, and redeemed for such rewards; all as shall be communicated to you in detail, with respect to each and every activity (the “Rewards”). The Rewards might include but are not limited to gift cards and/or swag items (e.g.: T-shirts, notebooks, pens etc.).
3.2. The distribution of the Rewards is empowered by Sender, Inc. (“Sendoso”) as integrated with Influitive.
3.3. In the course of facilitating the distribution of the Rewards to You, the personal data which might be shared with Sendoso includes but is not limited to: your name, email, title, company name, shipping address and social media profile.
4.1. You agree that you will: (a) choose a strong password, keep your password secure and confidential, and not transfer any part of your account to anybody else; (b) provide accurate and correct information about yourself to us and keep it updated, including using your real name in your Community profile; and (c) only post Content that does not violate the law or anyone else’s rights (including somebody’s intellectual property rights).
4.2. Without derogating from the generality of the foregoing, You understand and warrant that: (a) You are solely responsible for your Content and the consequences of posting or publishing such Content in connection with a certain Challenge, and You hereby warrant that your Content is true, current, accurate and complete; (b) You are the rightful owner of the Content you upload to the Community or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such Content and/or the subjects of such Content and that such Content does not infringe any third party’s intellectual property rights or other rights, including without limitation, any privacy or publicity rights; (c) the Content that you post or upload will not include (i) any spam, unsolicited promotions, advertising, contests or raffles; (ii) content which is unlawful, defamatory, libelous, harassing, offensive, discriminating, indecent, pornographic, abusive, fraudulent, threatening or vulgar; (iii) content that encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit; or (v) content that might reasonably pose a risk to a person’s safety, security or health. The above examples of unlawful and prohibited Content do not constitute an exhaustive list.
4.3. The Community may allow the sharing of Content and communication with other customers and/or the public, depending on the settings we offer and your choice of how to manage such settings.
4.4. We do not have to publish your Content, nor do we have to allow you to post Content. We reserve the right to remove any Content at any time for any reason, within our sole discretion.
4.5. We may change, suspend, or end any part or all of the Community at any time for any reason, in our sole discretion. To the extent permissible under applicable law, these changes are effective upon notice to you. Following such a change, if you do not want to continue to use the Community, please close your account immediately.
5.1. Although we do our best to encourage customers to follow the Community rules, You agree that we are not responsible for Content posted by anybody but us, or for any damages as a result of your use or reliance on such Content.
5.2. You understand that we cannot and do not guarantee or warrant that the use of the Community will be free of viruses or other destructive code.
5.3. YOUR USE OF THE COMMUNITY IS AT YOUR OWN RISK AND THE COMMUNITY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SINCE THE COMMUNITY IS EMPOWERED BY INFLUITIVE, NEITHER WALKME NOR ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDER, EMPLOYEES, OR AGENTS (“WALKME REPRESENTATIVES”) MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, USABILITY, SUITABILITY, COMPLETENESS, ACCURACY, EFFECTIVENESS OR AVAILABILITY OF THE COMMUNITY AND/OR ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE COMMUNITY.
EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WALKME AND/OR THE WALKME REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE USE OF THE COMMUNITY, LOSS OF GOODWILL, DATA OR PROFITS, AND ANY OTHER ACT OR OMISSION OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY CUSTOMER AND/OR THIRD PARTY SERVICES. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, WALKME’S TOTAL LIABILITY, HOWEVER ARISING, WILL UNDER NO CIRCUMSTANCES EXCEED IN AGGREGATE, THE GREATER OF $1,000.
7.1. We may suspend your access to your account if you violate any material obligation of this Community Agreement.
7.2. Both you and us may terminate this Agreement at any time for any reason, with notice to the other party. On termination, you lose the right to access or use the Community.
7.3. The sections of this Agreement that need to survive termination in order to give full effect to their provisions, survive this Agreement’s termination.
This Community Agreement shall be construed in accordance with and governed by the laws of the state of California, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Community will be brought in, and You hereby consent to exclusive jurisdiction and venue in, the competent courts of the San Francisco County, California.