Website Terms & Conditions
The following terms are a legal agreement between you, your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively “You” or “Your”), and Blacksmith Applications, Inc. By accessing, browsing, or using any Blacksmith Applications-provided website, (“Website”), You acknowledge that You have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. Website shall include any site used to provide the Blacksmith Applications on-demand Software-as-a-Service delivery. If You do not agree to these terms, You may not use this Website. This Website may contain a variety of resources including, but not limited to, documentation and other Blacksmith Applications-provided product information (collectively the “Documentation”), download areas, communication forums, and other services (collectively “Services”), software, including developer tools and sample code (collectively “Software”), and Web Service Application Program Interface information (“APIs”). Your use of any Documentation, Services, Software, and Web Service APIs, is subject to, and specifically conditioned upon Your acceptance of the following Terms and Conditions (“Terms”). Blacksmith Applications reserves the right to update the Terms at any time without notice to You. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
You are entirely responsible for all material including, but not limited to, software code, articles, feedback or suggestions, (“Content”) that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Blacksmith Applications in its sole discretion or to other users of the Website; (b) includes unauthorized disclosure of personal information or other confidential information; (c) violates or infringes any third party intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Blacksmith Applications or someone else, or spoof Blacksmith Applications’ or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent Your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users. By posting Content to the Website, You warrant that You own or otherwise possess all intellectual property and other rights necessary to post such Content on the Website and to permit others to make use of Your Content. Blacksmith Applications reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
You retain copyright You already hold in Content which You submit, post or display on or through, the Services. By submitting, posting or displaying the Content You give Blacksmith Applications and its affiliated companies, sublicensees (including third parties whose products, technologies and services use or interface with any specific parts of a Blacksmith Applications software or service that includes the Content) and other Users of the Website, a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which You submit, post or display on or through, the Website. You will not provide any Content that is subject to a license that requires Blacksmith Applications to license its software or documentation to third parties because we include Your Content in them.
Blacksmith Applications is under no obligation to post or use any Content You may provide, and Blacksmith Applications may remove any Content at any time in its sole discretion. By Posting Content You warrant and represent that You have all the rights, power and authority necessary to grant the above licensee.
All Software which may be available to be downloaded from the Website (the “Software”) is the copyrighted work of Blacksmith Applications and/or third party providers. Use of the Software is governed by the terms of any license agreement accompanying the Software (the “License Agreement”). If Blacksmith Applications makes Software available on this Website without a License Agreement, You may use such Software according to the following terms and conditions: THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUBJECT TO THE FOREGOING, THE SOFTWARE MAY BE FREELY REPRODUCED, DISTRIBUTED, TRANSMITTED, USED, MODIFIED, BUILT UPON, OR OTHERWISE EXPLOITED BY OR ON BEHALF OF BLACKSMITH APPLICATIONS OR ITS AFFILIATES, ANY CUSTOMER OR PARTNER OF BLACKSMITH APPLICATIONS OR ITS AFFILIATES, OR ANY DEVELOPER OF APPLICATIONS THAT INTERFACE WITH THE BLACKSMITH APPLICATIONS SERVICE, FOR ANY PURPOSE RELATED TO USE OF THE SOFTWARE. Any reproduction or redistribution of the Software not in accordance with the License Agreement or these Terms is expressly prohibited.
All Documentation contained on or accessed via the Website is the copyrighted work of Blacksmith Applications and/or its suppliers. You must preserve any copyright notice in all copies of the Documentation. No logo, graphic, or image from the Website may be copied or retransmitted unless expressly permitted by Blacksmith Applications. Use for any other purpose is expressly prohibited. Documentation does not include the design or layout of the Website or any other Blacksmith Applications site.
The WEBSITE may include links to other websites or content or resources. Blacksmith Applications may have no control over any websites or resources which are provided by companies or persons other than Blacksmith Applications. THIRD-PARTY SITES ARE NOT UNDER THE CONTROL OF BLACKSMITH APPLICATIONS AND BLACKSMITH APPLICATIONS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. FURTHER, BLACKSMITH APPLICATIONS IS NOT RESPONSIBLE FOR ANY CONTENT RECEIVED FROM ANY THIRD-PARTY SITE. BLACKSMITH APPLICATIONS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY BLACKSMITH APPLICATIONS’ ENDORSEMENT OF THE SITE.
DISCLAIMER OF WARRANTY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL CONTENT, DOCUMENTATION, MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. BLACKSMITH APPLICATIONS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, BLACKSMITH APPLICATIONS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE OR ANY CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL BLACKSMITH APPLICATIONS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BLACKSMITH APPLICATIONS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
The Terms constitute the whole legal agreement between You and Blacksmith Applications and govern Your use of the Website (but excluding any services which Blacksmith Applications may provide to You under a separate written agreement), and completely replace any prior agreements between You and Blacksmith Applications in relation to the Website. You agree that Blacksmith Applications may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Website. You agree that if Blacksmith Applications does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Blacksmith Applications has the benefit of under any applicable law), this will not be taken to be a formal waiver of Blacksmith Applications’ rights and that those rights or remedies will still be available to Blacksmith Applications.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that all Blacksmith Applications affiliates shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
Blacksmith Applications reserves all rights not expressly granted under these Terms, and no other rights are granted under these Terms by implication or estoppel or otherwise.
Acceptable Use Policy / Last Updated: August 15, 2018
By using Blacksmith’s products and services, you agree to comply with this Acceptable Use Policy (the “AUP”). Blacksmith Applications, Inc. (“Blacksmith”) reserves the right, in its discretion, to change or modify all of any part of this AUP at any time, effective upon publication of a revised AUP. Customer (“You”) acknowledges that Blacksmith provides Blacksmith products and services (“Services”) subject to your compliance with this AUP. This AUP is subject to change without notice and the revised AUP will be posted at this website. It is your responsibility to check this website from time to time for updates. By continuing to access and use the Services you acknowledge and agree to the updated version of the AUP. In the event that you or your users are in breach of this AUP, Blacksmith may immediately and without notice suspend the provision of the Services.
You agree that neither you nor those that access the Services through you may use the Services:
- in a way prohibited by law, regulation, governmental order or decree;
- to violate the rights of others;
- to try to gain unauthorized access to or disrupt any service, data, account, system or network by any means;
- to falsify any protocol or email header information (e.g., “spoofing”);
- to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- to send or store infringing, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive or tortious material, including material harmful to children or violative of third party privacy rights;
- to send, activate or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs or plant malware of any type on Blacksmith’s computer systems
- in a way that could harm the Services or impair anyone else’s use of them;
- for load testing or for any benchmarking purposes, or for any competitive purposes;
- in violation of any applicable export law or regulation including any United States export laws and regulations or from a United States embargoed country; or
- to probe, scan, or test (including without limitation stress testing or penetration testing) the vulnerability of any system or network associated with the Services or intentionally breach or attempt to breach any security or authentication measures; or
- for any high risk use (where failure or fault of the Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage).
© 2020 Blacksmith Applications, Inc. All rights reserved. Blacksmith Applications, the Blacksmith Applications logo, the FORGE logo, the GoSimple logo, and the T-Pro logos are all trademarks of Blacksmith Applications, Inc.