Last Updated: August 22, 2021
Welcome, and thank you for your interest in the Connector Marketplace forum (the “Forum”) operating by Airbyte, Inc. (“Airbyte”, “we”, or “us”). This Connector Marketplace Forum Terms of Service (the “Terms”) are a legally binding contract between you and Airbyte regarding your access and use of this Forum.
If you are using or accessing the Forum on behalf of an entity, association, or associations (whether incorporated or not) (an “Entity”), you represent and warrant that you have the authority to bind that Entity to these Terms and you agree to be bound by these Terms on behalf of Entity. As such, references to “you,” “your,” and the like (unless expressly stated in these Terms) shall be references to you, individually, and to the applicable Entity. By accepting these Terms, you represent and warrant to us: (i) that you, individually, are at least 18 years of age; (ii) that you have not previously been suspended or removed from using any portion of the Forums; and (iii) that your access and use of the Forum is and will remain wholly compliant with any and all applicable laws and regulations. You may not access this Forum if you are from a territory where U.S. businesses are prohibited from engaging in business (such as Cuba, Iran, North Korea, Sudan, or Syria) or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. government.
Subject to your compliance with these Terms, Airbyte grants to you a personal, limited, non-exclusive, non-transferable, freely revocable right and license to access and use the Forum.
You agree that Airtbyte, to the furthest extent permitted by law, has no responsibility to monitor the Forum or for any actions or inactions of any user of the Forum, including your use. As such, You will not hold Airbyte responsible for any users' actions or inactions, including things users post on or via the Forum. You acknowledge that Airbyte is solely a facilitator of information and the Forum is a venue to allow users to can collaborate on connectors and connector development/design. We are not involved in the actual provision of services related to development or design of connectors through this Forum and do participate in any transaction or interaction between any user and you. We have no control over and do not guarantee the truth or accuracy of any user’s posts on the Forum and do not control or guarantee that any user will actually complete a transaction with you or perform services to your satisfaction, if at all. If you have a dispute with one or more users of the Forum, you release Airbyte (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which says:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
By using the Forum, you agree not to:
Users in this Forum may include links to other websites or services (“Linked Sites”). Linked Sites are not under our control, and we are not responsible for their use of your imported or exported information. Furthermore, we disclaim fully and make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
If you violate any provision of these Terms, your permission to use the Forum will terminate automatically unless otherwise agreed by Airbyte. Additionally, Airbyte, in its sole discretion may terminate your right to use or access the Forum or suspend your access to the Forum at any time, with or without notice. We also reserve the right to modify or discontinue the Forum at any time (including, without limitation, by limiting or discontinuing certain features of the Forum) without notice to you. We also reserve the right to delete any or all information on the Forum in our sole and absolute discretion. We will have no liability whatsoever on account of any change to the Forum, deletion of information on the Forum (including any information you post), or any suspension or termination of your access to or use of the Forum. Any information that you have submitted or uploaded on or through the Forum may become inaccessible for any or no reason and Airbyte has no obligation to maintain any information in its databases or to forward any information to you or any third party.
If you provide any comments, suggestions or other feedback to Airbyte regarding the Forum (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Airbyte to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Airbyte a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of that change. We may provide that notice by posting on the Forum or through other mechanisms. Our changed Terms will automatically take effect as soon as permissible under applicable law. If you do not accept the changed Terms, you may agree to no longer access or use of the Forum. Your continued use or access of the Forum after the changed Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.
The Forum is owned and operated by Airbyte. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Forum (the “Materials”) provided by Airbyte (through use and access of the Forum or otherwise) are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in Airbyte Hosted Services are the property of Airbyte or our third-party licensors. Except as expressly authorized by Airbyte, you may not use, modify, copy, or distribute the Materials in any manner. Airbyte reserves all rights to the Materials not granted expressly in these Terms.
You agree that you will be responsible for your use of the Forum, and you agree to defend, indemnify, and hold harmless Airbyte and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Airbyte Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Forum; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party (including any other user of the Forum). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in that case, you agree to cooperate with our defense of the claim.
These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Airbyte agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for the purpose of litigating all disputes.
By using the Forum, you consent to receiving certain electronic communications via the Forum in the manner that the Forum is designed to provide. By using the Forum, you consent to receiving all such communications.
These Terms and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Airbyte regarding your use of and access to the Forum, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
The Forum is provided as courtesy to you by Airbyte Inc., located at 2261 Market Street #4381, San Francisco, CA 94114. You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.