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Last Modified November 23, 2022
By using the Caspio Marketplace, you are agreeing to these terms.
Every Service Provider and user is required to comply with these TOU and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate these TOU. We will enforce and ensure compliance with this TOU by using methods we consider to be appropriate and/or described in this TOU. We reserve the right to modify these TOU at any time without notice to you. Your use of the Caspio Marketplace following any such modification constitutes your agreement to follow and be bound by these TOU as modified. You agree to review these TOU on a regular basis and always remain in compliance.
“App Partner” means a Service Provider participating in our App Partner program.
“Customer” or “Client” means the individual or entity that has purchased and uses the Service Offering(s).
“Caspio”, “we”, “us” or “our” means Caspio, Inc. and our affiliates.
“Marketplace” means the online directory that lists Service Providers that may offer products, services, integrations, templates, themes, applications, or modules that may interoperate with or be used in connection with the Caspio products. The Caspio Marketplace includes (1) the Partner Directory; (2) the App Marketplace; or (3) any other directories or marketplaces we make available to you.
“Marketplace Reviews Policy” means the policies applicable to reviews submitted to the Caspio Marketplace which we have published at https://www.caspio.com/caspio-review-policy, or another website we designate.
“Service Offerings” means those products, services, integrations, applications, templates, themes, modules, digital assets, or applications that are listed on or offered by Service Providers on the Caspio Marketplace.
“Service Providers” are partners, service providers and other individuals or entities that list or provide the Service Offerings on the Caspio Marketplace. Service Providers include, but are not limited to, Caspio Solutions Partners and App Partners.
“Service Provider Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Caspio Marketplace, whether by us, our customers, or other users of the Caspio Marketplace. Service Provider Content does not include Your Content.
“Solutions Partner” or “Solutions Provider” means a Service Provider participating in our Solutions Partner Program.
“Third-Party Products” means products and professional services that are provided by third parties which may interoperate with or be used in connection with the Caspio products.
“Third-Party Sites” means third-party websites linked from within or accessed through the Caspio Marketplace.
“You” or “Your” means the person or entity using the Caspio Marketplace, whether you are a partner, Service Provider, Client, customer, or user.
“Your Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Caspio Marketplace by you.
We will provide you access to use the Caspio Marketplace according to the terms of these TOU. Certain parts of the Caspio Marketplace may only be accessible to you if you are a Caspio Solution Partner or Provider, App Partner, or customer.
We can remove or discontinue all or a portion of the Caspio Marketplace (including, without limitation, Service Providers or Service Offerings) at any time, without notice, in our sole discretion (for more information on our ability to terminate this TOU, see Section 9 below). We can choose which Service Providers or Service Offerings to promote, and we can also choose how we want to promote them, if at all. Provision of the Caspio Marketplace does not mean we endorse, support, or warrant the Service Provider or Service Offerings.
As a Service Provider, you must comply with and abide by our AUP, the Caspio Marketplace Reviews Policy, and your other applicable agreements with us. If you are a Service Provider, you must respond to inquiries or issues regarding your Service Offerings within a reasonable period of time. If you are listed as a Service Provider, we also expect that Service Offerings you provide are done so with good quality and in a professional and workmanlike manner, in addition to any other industry standards, laws, or regulations governing the quality and timeliness of your Service Offering. We may remove you as a Service Provider or remove a Service Offering in our sole discretion, at any time, without notice to you. Submitting your information as a Service Provider does not guarantee you will be listed in the Caspio Marketplace or promoted by us.
The Caspio Marketplace may permit you to post reviews about a Service Provider or Service Offering. In an effort to maintain fair, accurate and useful reviews, you are required to abide by the Caspio Marketplace Reviews Policy, with respect to all reviews submitted. If you submit a review, you agree that we may post all or a portion of the content of your review, along with your name and the date of the review. We reserve the right to edit, remove or decline to post any review, at any time, in our sole discretion. We are not responsible for the content of the reviews, whether or not we reviewed or edited the content. In addition to all other rights and remedies we may have under this Agreement generally, violations of our Caspio Marketplace Reviews Policy may result in termination of your ability to use the Caspio Marketplaces.
You are not granted a license to any software or any intellectual property rights by this Agreement. The Caspio products, services, and Marketplace are protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them. You may not use any of these or our trademarks without our prior written permission, or as otherwise granted to you by another agreement with Caspio.
We encourage all customers to comment on the Caspio Marketplace, provide suggestions for improving them, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Caspio products, without payment or attribution to you.
The Service Offerings, Service Providers, Third-Party Products, and Third-Party Sites are not under our control. Service Offerings, Service Provider listings, Third-Party Sites, and Third-Party Products are provided to you only as a convenience, and the availability of any Service Offerings, Third-Party Sites or Third-Party Products does not mean we endorse, support, or warranty the Service Offering, Third-Party Product or Third-Party Product. Any information provided as part of a Third-Party Product or Service Offering are subject to the control and accuracy of the Service Provider.
You represent and warrant that: (i) your participation in the Caspio Marketplace will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us for our use and with other users of the Caspio Marketplace, (iii) that the Service Offerings and Your Content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right, and (iv) your use of the Caspio Marketplace shall comply with any requirements set out by Solution, App, or other Partner programs. You further represent and warrant that you have all sufficient rights and permissions to offer and provide the Service Offerings.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) to the extent that such Action is based upon or arises out of: (a) your use of the Caspio Marketplace, (b) your noncompliance with or breach of this Agreement, (c) your use, offer or provision of Service Offerings, Third-Party Sites or Third-Party Products, or (d) your submission of a review. We will: notify you in writing promptly upon becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. Without our prior consent, you shall not accept any settlement that (i) imposes an obligation on us, (ii) requires us to make an admission, or (iii) imposes liability not covered by these indemnifications or places restrictions on us.
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