LUCID SOFTWARE INC. SUPPLEMENTAL LUCID COMMUNITY TERMS
These terms (the “Community Terms”) supplement the Lucid Software Inc. Terms of Service (the “TOS”) or the electronically or manually signed services agreement between the parties (the “MSA”) (as applicable), Lucid’s Privacy Policy, and any associated Orders. All capitalized terms not defined herein shall have the meanings attributed to them in the TOS or MSA. In the event of a conflict between these Community Terms and the TOS or MSA (as applicable) with respect to your use of the Lucid Community, these Community Terms will control.
1. Definitions
1.1. “Lucid Community” is a feature within Lucid’s Subscription Service that provides a public virtual space for Community Users to interact, collaborate, and provide feedback about Lucid products and services by submitting Community Content. All Lucid Users, including Site Visitors, may access or share Community Content that is submitted to the Lucid Community.
1.2. “Community Content” means any information, ideas, reactions, feedback, text, graphics, data, videos, messages, code, comments, replies, templates, content created in the Services, or other materials that is submitted to the Lucid Community by a Community User.
1.3. “Community Users” mean Free Users and Subscribers who submit Community Content to the Lucid Community.
2. Use of Lucid Community
Community Users are required to set up an account in order to submit Community Content to the Lucid Community. The Lucid Community is not a required or material component of the Subscription Service, does not qualify as a “Service” or “Subscription Service”, and its use is completely optional. The Lucid Community contains Community Content provided by third parties that is not owned by Lucid and may be protected by intellectual property rights of those third parties. This Community Content is the sole responsibility of the person or entity from whom it originated and your use of the Community Content is at your own risk. You may not participate in the Lucid Community if you are under the age of 18.
3. Community Guidelines
3.1. Participation Guidelines.
- Ask lots of questions and support others who do so regardless of skill level;
- Answer questions for which you have a relevant solution;
- Share your honest productive feedback;
- Keep your language and tone clean, appropriate, and kind;
- Enjoy yourself! Connect with others, be inspired and have fun!
3.2. Prohibited Community Content and Behavior.
- Engaging in offensive, explicit, inappropriate, abusive, threatening, or hateful language;
- Submitting private information about yourself or another individual, including email addresses or other contact information, or any information that you don’t wish to be public;
- Disparaging Lucid or its partners;
- Advertising, self-promotion, spamming, or submitting off-topic content unrelated to the Lucid ecosystem;
- Falsely affiliating yourself with any person or entity, including implying or stating that you’re affiliated with or acting on behalf of Lucid;
- Soliciting personal or confidential information from other Community Users;
- Infringing or violating third-party intellectual property rights;
- Disrupting the Lucid Community, including causing the transmission of viruses, scripts, or malicious code;
- Submitting anything that is illegal;
- Violating Lucid’s Terms of Service.
The above list is not exhaustive. Please exercise your best judgment when participating in the Lucid Community.
3.3. Reporting Prohibited Conduct. To report behavior or Community Content that you believe violates these Community Guidelines please contact us at community@lucid.co with “Community Guidelines Violation” in the subject line and we will investigate.
4. Community Content
4.1. Use of Your Community Content. You are responsible for any Community Content you submit to the Lucid Community. All Community Content posted in the Lucid Community will become publicly available to all Lucid Users, including Users not associated with your account, and to Site Visitors all of whom will be able to access and share your Community Content. You understand and agree that Community Content is not your Confidential Information and is not your Content as defined in the Terms of Service. You hereby grant Lucid and, at our sole discretion, other Lucid Users, a worldwide, non-exclusive, non-transferable, royalty-free, irrevocable, perpetual, fully-paid, sublicenseable and transferable right and license to access, use, store, reproduce, distribute, prepare derivative works of, and publicly display your Community Content in any form or format and through any media (including in connection with Lucid’s products, services, marketing, and publicity). If your Community Content contains your name, image or likeness, you waive any claim under any rights of privacy or publicity related to use of the same in connection with use of your Community Content.
4.2. Moderation of the Lucid Community. Lucid may edit the title or body of your post for clarity where necessary. Lucid has no obligation to monitor or review Community Content (but may do so at our sole discretion) and has no responsibility for Community Content which you may encounter in the Lucid Community, including whether they infringe third-party rights, are reliable or accurate, or are decent in nature. You are solely responsible for the enforcement of any of your rights to your Community Content, and Lucid shall not be held liable or responsible for providing assistance to you regarding the same. In addition, you agree not to hold Lucid responsible in any way for any Community Content you submit or encounter.
4.3. Removal of and Access to Community Content. Lucid reserves the right to remove any Community Content or to ban or suspend you from accessing the Lucid Community at any time and at our sole discretion, without notice, for any or no reason, including for violations of these Community Terms or the applicable TOS or MSA. Lucid does not promise to make available any of your Community Content on the Lucid Community for any length of time. We will have no liability to you or any third party for removal of any Community Content or termination or suspension of your access to the Lucid Community, nor will removal, termination or suspension limit any other rights or remedies we may have. Upon any termination or suspension of your use of the Lucid Community, you understand that we may continue to make your Community Content available on the Lucid Community.
4.4. Intellectual Property Violations. If you believe that Lucid or any Community User has violated a copyright, trademark, or other intellectual property right you claim in your work, please contact us at legal@lucid.co. Lucid responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”).
4.5. Third-Party Sites. Community Content may link to third-party sites that are not owned by or under Lucid’s control. Accessing third-party sites through the Lucid Community is at your own risk and Lucid does not endorse and is not responsible for the security, accuracy or reliability of any content on these third-party sites.
5. Suspension and Discontinuation
Lucid may suspend or discontinue the Lucid Community offerings (including without limitation, the availability of the Lucid Community as a whole or any feature therein) at any time, for any reason, and without prior notice or liability to you. If the Lucid Community is suspended or discontinued, Sections 1 (Definitions), 2 (Use of Lucid Community), 4 (Community Content), 6 (Disclaimer), 7 (Indemnification), and 8 (Limitation of Liability) will survive such suspension or discontinuation.
6. Disclaimer
YOU UNDERSTAND AND AGREE THAT THE LUCID COMMUNITY AND ALL COMMUNITY CONTENT IS PROVIDED “AS IS”, WITHOUT ANY SUPPORT, MAINTENANCE, OR OTHER OBLIGATION OF ANY KIND WHATSOEVER, AND ITS USE IS AT YOUR OWN OPTION, DISCRETION, AND RISK. LUCID DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, NOR DOES LUCID WARRANT THAT THE LUCID COMMUNITY OR COMMUNITY CONTENT WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY FEATURES OF THE LUCID COMMUNITY WILL BE CORRECTED. LUCID WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY COMMUNITY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE MATERIAL, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY MATERIAL.
7. Indemnification
You agree to indemnify Lucid and the Lucid Indemnified Parties against any Claim made or brought against the Lucid Indemnified Parties by a third-party or User (a) alleging your Community Content infringes or misappropriates any intellectual property rights; (b) related to ownership or use of your Community Content; or (c) related to your acts or omissions with regard to the Lucid Community, including any finally awarded damages or settlement amount and reasonable expenses (including attorneys’ fees) to the extent arising from such Claim.
8. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY FOUND IN THE TOS OR MSA, LUCID WILL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES OR DATA, BUSINESS INTERRUPTION, DEPLETION OF GOODWILL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE COMMUNITY TERMS, IN EACH CASE REGARDLESS OF THE BASIS OR TYPE OF CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THESE COMMUNITY TERMS, LUCID IS FOUND TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, YOU AGREE THAT LUCID’S AGGREGATE LIABILITY WILL BE LIMITED TO $200. You understand and agree that Lucid would not be able to provide the Lucid Community without the limitations of liability, disclaimer of warranties, and any exclusion of damages in these Community Terms, which will survive and apply even if any limited remedy in these Community Terms is found to have failed of its essential purpose.
9. Update to these Terms
Lucid may update these Community Terms from time to time, without prior notice or liability to you. When these changes are made, Lucid will make a new copy of the Community Terms available at https://lucid.co/community-terms. You understand that if you continue to use the Lucid Community after the date on which the Community Terms have changed, Lucid will treat your continued use of the Lucid Community as acceptance of the updated Community Terms.
