Effective: April 7, 2023
2. Arboretum Rules and Code of Conduct
The Arboretum is provided as a place for discussion of all things social media, and to enable users to communicate and post content related to the social media industry and Sprout Social’s products and services. The following rules and guidelines are presented here to set out the standards we expect users to follow when using the Arboretum.
You must not post or use the Arboretum in any way that:
shares anything that you wouldn’t expect someone to say to you or to be made public, or posts or sends any content or materials you do not have the right to post;
is pornographic, obscene, vulgar or contains other profane or offensive words;
is predatory, deceptive (including deliberately providing incorrect or misleading information regarding us, our products and services), harmful, abusive, threatening, or creates annoyance (i.e. “spamming” or “trolling”) to any person using the Arboretum, including to any of our employees;
is sexist, homophobic, racist or discriminatory or defamatory to any person, entity or establishment;
is disrespectful or offensive in our reasonable opinion;
infringes rights (not limited to intellectual property rights) or violates the privacy of any individual/entity/organization;
violates any local, national, or international law(s) or incites or encourages others to break any such law(s);
shares any confidential information of Sprout Social or any other third party, and with respect to Customer Advisory Board members specifically, discusses or shares any privileged product-related information, upcoming updates or announcements, or your assessment and details of your participation in the Customer Advisory Board;
contains any personal details or information relating to you or another person, like email addresses, financial details, national identification numbers, home addresses or phone numbers;
contains job solicitations (except in designated spaces for job postings) or commercial advertisements, or shares any information that is confidential to your employer or company or any other third party;
impersonates or attempts to impersonate another person, not dependent on whether the person is a user or not, or misrepresents your affiliation with any person or entity in connection with your use of the Arboretum. Trying to access another person’s account without permission is also not allowed;
posts any links or uploads any files to the Arboretum which contain or reference illegal software, viruses or malware, pornographic content or other objectionable content or material;
tampers with postings, submissions or content of other users;
attempts to gain unauthorized access to, or is likely to cause or produce any damage to the Arboretum or servers, systems, or any third parties by trying to access data or a user’s data or to breach the Arboretum’s security, including, but not limited to, the probing, scanning, or testing for potential flaws or vulnerabilities;
is likely to disable, overburden, impair, or damage the Arboretum and/or the operation of another’s computer or electronic device, including but not limited to introducing any viruses, malware, ransomware, Trojan horses, worms, rootkits, or other malicious code;
attacks the Arboretum via a denial-of-service attack or distributed denial-of-service attack;
uses any automated system such as scripts for the purpose of following users, posting and/or sending messages;
has any content related to potential or confirmed bugs or security vulnerabilities, or any other information related to the security or privacy of Sprout Social or any other third party;
publicly discusses any actions of, or communications with, the Arboretum moderators or Sprout Social employees;
scrapes, duplicates, reproduces, copies, republishes, licenses, sells, trades, or resells the Arboretum or any content therein for any purpose, unless you have been permitted to do so in an express agreement signed by an authorized representative of Sprout Social;
uses any robot, spider, or other automatic device, process, or means to access the Arboretum for any purpose, including monitoring or copying any of the content or other materials on the Arboretum;
reverse engineers or otherwise attempts to discover any source code, or allow for any third party to do so;
mirrors or frames the Arboretum (in whole or in part) on any other website or webpage;
uses any content, materials, or other information from the Arboretum to send unsolicited or unauthorized emails;
violates the terms, policies or guidelines of any Third Party Sites, including but not limited to social media networks and other integration partners of Sprout Social; or
violates the terms of your agreement with Sprout Social (if applicable).
keep the threads related to the topic. Start a new thread if the conversation changes;
search the Arboretum before posting a question. The answer may already be there;
do share what you know. It may help others; and
take care when deciding whether to follow another user’s advice. The advice is theirs only and it may not always solve your issue.
3. Access and Registration
As a visitor, you may only access the content that has been made available in public sections of the Arboretum. Visitors cannot publish content or participate in any forums, and may not interact with registered users, moderators, or customer service.
To register and participate in the Arboretum, you must either (a) already be a user of Sprout Social and register using your Sprout Social email address, or (b) register by creating an Arboretum account at https://community.sproutsocial.com. Once registered, you will be prompted to create a unique username for use in the Arboretum, and will be required to create a profile using your first and last name. As a registered user, you will not be allowed to use the Arboretum anonymously or in any way that impersonates another person. You are not allowed to register multiple accounts. Any user found to be active under multiple identities risks having one or more accounts suspended and their membership removed. You must be at least 18 years or older in order to participate in the Arboretum. By using the Arboretum, you are confirming that you are at least 18 years or older. We reserve the right to verify your age.
Registered users of the Arboretum will be able to: (a) consult or participate in a forum through posts, reactions and comments; (b) post images, links, and other content under the conditions set forth in these Terms; and (c) interact with other registered users, moderators, and Sprout Social’s customer service through comments and/or private messages.
As between you and Sprout Social, any text, image, idea, audio-visual content or other data and material that you upload, post, or make available on or via the Arboretum (your “Content”), excluding any Sprout Social content contained therein and/or any Feedback (as defined below) provided to Sprout Social, is owned by you. You acknowledge and agree that your Content remains your sole responsibility. By uploading or posting your Content on the Arboretum, you acknowledge that your Content will be exposed to the public. By using the Arboretum, you grant Sprout Social, to the maximum extent permitted under applicable law, a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, fully sub-licensable and transferable right and license (through multiple tiers), without additional consideration to you or any third party, to use, adapt, reproduce, translate, create derivative works, copy, distribute, transmit, publicly display, edit, translate and reformat your Content for any purpose (including marketing or promotional purposes, such as testimonials). No compensation will be paid with respect to the use of your Content, and Sprout Social has no obligation to post or use any Content you may provide.
All intellectual property rights in the Arboretum and any material or content supplied or made available by Sprout Social will remain at all times the property of Sprout Social. We reserve all of our rights with respect to Sprout Social’s content on the Arboretum. Sprout Social hereby authorizes you to copy materials published by Sprout Social on the Arboretum solely for non-commercial use within your organization in support of Sprout Social products and services. No other use of the information is authorized.
The trademarks, logos and service marks ("Marks") displayed or contained within the Arboretum are the property of Sprout Social or third parties. Users are not permitted to use these Marks without the prior written consent of Sprout Social or such third party which may own the Mark. "Sprout Social" and our leaf logo are trademarks of Sprout Social, Inc.
You will cooperate with Sprout Social and its designee(s) in applying for, obtaining, perfecting, evidencing, and enforcing Sprout Social’s intellectual property rights in and to any Feedback or Content, including executing such written instruments as may be prepared by Sprout Social and doing such other acts as may be reasonably necessary in Sprout Social’s opinion to obtain a patent, register a copyright, or otherwise enforce Sprout Social’s rights in and to such Content or Feedback (and you hereby irrevocably appoint Sprout Social and any of its officers and agents as your attorney-in-fact to act for and on your behalf and instead of you, with the same legal force and effect).
6. Submissions and Moderation
Although we may remove outdated material on the Arboretum, you acknowledge and agree that the Content provided to us is correct and accurate at the time of posting. You are advised to check the date of a post before you rely on the advice provided in a post.
YOU ARE RESPONSIBLE FOR ANY CONTENT (INCLUDING ANY PERSONAL DATA THEREIN) THAT YOU MAKE AVAILABLE THROUGH THE ARBORETUM, AND, ANY CONTENT, PERSONAL DATA OR OTHER INFORMATION YOU MAKE PUBLICLY AVAILABLE THROUGH THE ARBORETUM IS DONE AT YOUR OWN RISK.
7. Third Party Sites and Materials
8. Disclaimer of Warranties and Limitation on Liability
Your use of the Arboretum is entirely at your own risk. Except as otherwise stated in this Section 8, Sprout Social does not accept any liability for (a) any damage or loss you suffer as a result of your use of the Arboretum, (b) any failure, suspensions, or termination of access to the Arboretum, and (c) any content on the Arboretum, including, but not limited to, any errors or omissions in the material or your reliance on such material.
The content on the Arboretum is provided by us and by other users for general information only. It is not intended to amount to advice on which you should rely. We cannot guarantee the accuracy, integrity or quality of any content made available by other users of the Arboretum, and you understand that you must evaluate and bear all such risks associated with the use of any content, including any reliance on the content, integrity and accuracy.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ARBORETUM, AND ANY THIRD PARTY SITES OR THIRD PARTY MATERIALS, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND SPROUT SOCIAL MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ACCURACY OF CONTENT, NON-INFRINGEMENT, NON-INTERFERENCE, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPROUT SOCIAL DOES NOT GUARANTEE THE AVAILABILITY OF THE ARBORETUM, ANY THIRD PARTY SITES, OR ANY THIRD PARTY MATERIALS, OR THAT THE ARBORETUM, ANY THIRD PARTY SITES, OR ANY THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR IN A FULLY OPERATING CONDITION. SPROUT SOCIAL DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY SITES OR THIRD PARTY MATERIALS.
IN NO EVENT SHALL SPROUT SOCIAL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE ARBORETUM, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE ARBORETUM.
IN NO EVENT SHALL THE TOTAL LIABILITY OF SPROUT SOCIAL TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THE ARBORETUM, AND YOUR USE THEREOF, EXCEED, IN THE AGGREGATE, FIVE HUNDRED DOLLARS ($500).
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (A) SPROUT SOCIAL SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE OPERATION OR PROVISION OF, OR YOUR USE OF ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS, WORM, TROJAN HORSE, EASTER EGG, TIME BOMB, SPYWARE OR OTHER SIMILAR COMPUTER CODE, FILE OR PROGRAM THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; AND (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY PART OF THE ARBORETUM, THIRD PARTY SITES, OR ANY THIRD PARTY MATERIALS IS TO STOP USING THEM.
ALL DISCLAIMERS AND/OR LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERM OF USE) ARE MADE FOR THE BENEFIT OF SPROUT SOCIAL, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS.
9. Job Postings
The Arboretum may make available a forum for posting certain job postings and other job-related content (e.g., job requirements, résumés, descriptions of work experience, job solicitations, advertisements, etc.), including through links or integrations with Third Party Sites (“Job Postings”), and may enable you to make available or review Job Postings. Sprout Social does not guarantee that (i) other users will access, read or respond to any of your Job Postings or your communications, or (ii) you will be employed or engaged by any users or third parties. Any application for employment or engagement, or creation of an employment relationship or other engagement, must take place outside of the Arboretum and is at the discretion of the parties entering into such relationship.
You acknowledge and agree that you are responsible for any Job Postings that you create or submit (including its accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety, or any applicable intellectual property rights). You further acknowledge and agree that Sprout Social: (a) has no control over, nor is Sprout Social responsible for, any Job Postings (including confirming their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety, or any applicable intellectual property rights) or any communication between you and another user related to a Job Posting; (b) has no obligation to make available any Job Postings on or through the Arboretum; (c) has no obligation to screen any Job Posting or confirm the identity of any employer or other user who creates, submits, and/or responds to any Job Postings; and (d) may (but has no obligation to) monitor, evaluate, alter or remove any Job Postings from the Arboretum for any or no reason at all.
10. Cookies and Privacy Statement
12. Governing Law and Venue
13. Agreement to Arbitrate Disputes
14. Disclosure of Content
15. Waiver and Severability
16. Copyrights/DMCA Takedown
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Arboretum or any of its web properties hosted on the www.sproutsocial.com domain infringes a copyright owned by you, you (or your agent) may send Sprout Social’s DMCA agent a notice requesting that the material be removed, or access to it blocked. This request should be sent to: email@example.com; or, alternatively to: Sprout Social, Inc., Attn: DMCA Registered Agent, 131 S. Dearborn St., Ste. 700, Chicago, IL 60603; (866) 878-3231. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.
17. Export Controls
You are responsible for complying with U.S. export controls and economic sanctions, including the Export Administration Regulations (EAR) and the regulations administered by the Treasury Department’s Office of Foreign Assets Control (OFAC), any applicable import laws, regulations and requirements of the country of importation, and all other applicable laws, regulations and requirements which may apply to downloads of software. You are responsible for any violation of those laws, regulations and requirements. Sprout Social provides no assurances that requests passing through any portion of the Arboretum to you have been screened in any way. For example, we do not provide screening to identify parties that may be subject to EAR or OFAC restrictions, nor do we provide screening to identify destinations that may be subject to embargo or other restrictions. You represent, warrant and covenant that you are not: (a) located in, or a resident or national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any U.S. government list of restricted end-users.
18. Term and Termination
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