1. Background. The Site includes a social platform for developers to publish, download, upload, store, promote and share various types of Helm charts (archives of Helm chart packages and their metadata) and generates Helm charts metadata and security related information. if needed. Within the Site, which is an online cloud public repository, we provide you certain features and services, such as, viewing, downloading, linking uploading, participating in discussions and otherwise accessing and/or making available for others various Helm charts and libraries, which are licensed under open source license, including any modifications, derivatives and/or contributions you may make to such third party software (“User Content”) as well as contribute to JFrog open source code and feedback (“Contributions”). Please note that unless stated otherwise with respect to a specific User Content, JFrog does not claim ownership on the source code or the intellectual property rights of any such User Content. It merely caches and serves the chart to be consumed by users of the Site, in a repeatable and fast way. With respect to any Contribution you provide to JFrog, JFrog will assume ownership of the source code and the intellectual property rights related thereto. The Site may also display metadata and security information with respect to each specific User Content or Contribution, comprising of, among other things, statistical information (such as number of downloads of the applicable Contributions) and various security related information such as vulnerabilities (collectively, “Metadata”).
2. Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective seven (7) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
3. Ability to Accept Terms. The Site is available only to individuals who (a) are at least thirteen (13) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms.
4. Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site and the Platform and to provide User Content and Contributions, provided, that you comply with these Terms and applicable law.
5. Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), User Content or Contributions, except as expressly authorized herein; (iii) create a browser, frame, border environment or GUI around the Site; (iv) frame, scrape or mirror any part of the Site (including without limitation the Content and User Content available therein); (v) create a database by systematically downloading and storing all or any of the Content or User Content from the Site; (vi) disrupt servers or networks connected to the Site; (vii) upload, link to the Site or otherwise distribute any malware, viruses, worms, defects, Trojan horses, or any other items of a destructive or deceptive nature; and/or (viii) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content, User Content or Contribution or that enforce limitations on using of the Site.
6. Intellectual Property Rights.
6.1. Content and Marks. The (i) content on the Site, other than User Content (including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and Contributions (collectively, the “Content”), and (ii) the trademarks, service marks and logos contained therein (the “Marks”), are the property of JFrog and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “JFrog®”, “Artifactory®”, “Conan©“, “GoCenter”, “ChartCenter” and the logos of JFrog, and other marks are Marks of JFrog or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content. 6.2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
7. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content and User Content available on the Site is accurate, complete, reliable, current, or error-free. We do not guarantee: (i) that any security related information is inclusive of all vulnerabilities; and (ii) that the severity of a vulnerability is is full and accurate. We reserve the right to make changes in or to the Content and User Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, User Content or any part thereof, is made solely at your own risk and responsibility.
8.2. JFrog permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with JFrog or present any false information about JFrog and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and (vi) you, and your website, comply with these Terms and applicable law.
11. Warranty Disclaimers.
11.1. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND. JFROG HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. JFROG DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT JFROG WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, NOR TO THE ANY UNAVAILABILITY OF THE SITE. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
11.3. FOR THE REMOVAL OF ANY DOUBT, THE METADATA SHOULD NOT BE CONSISDERED TO BE LEGAL ADVICE, AND ANY INFORMATION IN THEREIN IS PROVIDED FOR CONVENIENCE PURPOSES ONLY. JFROG DOES NOT GUARANTEE: (I) THAT THE METADATA IS INCLUSIVE OF ALL INSTANCES, COMPONENTS, LIBRARIES AND DEPENDENCIES OF OPEN SOURCE OR THIRD PARTY SOFTWARE INCLUDED IN A CHART, OR ALL LICENSES AND VULNERABILITIES THEREUNDER; AND (II) THAT THE ANNOTATION OF SUCH METADATA, INCLUDING INSTANCES, COMPONENTS, LIBRARIES AND DEPENDENCIES, IS FULL AND ACCURATE
11.4. Some jurisdictions may not allow the exclusion of certain warranties, so to that extent, certain exclusions set forth above may not apply.
Limitation of Liability.
12.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, JFROG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF JFROG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. JFROG WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS INCURRED TO YOU, YOUR ORGANIZATION OR ANY THIRD PARTY AS A RESULT OF OR IN CONNECTION WITH THE METADATA. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
12.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JFROG FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED $100.
13. Indemnity. You agree to defend, indemnify and hold harmless JFrog and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, but not limited to, attorney’s fees) arising from your use of, or inability to use, the Site or your violation of these Terms.
14. Term and Termination. These Terms are effective until terminated by JFrog or you. JFrog, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). JFrog shall not be liable to you or any third party for removing the Site, or any part thereof. If you object to any term or condition of these Terms or to any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 14 and Sections 6 (Intellectual Property Rights), 10 (Warranty Disclaimers), 12 (Limitation of Liability), 13 (Indemnity), and 15 (Independent Contractors) to 17 (General) shall survive termination of these Terms.
15. Independent Contractors. You and JFrog are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and JFrog. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of JFrog.
16. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by JFrog without restriction or notification to you.
17. General. JFrog reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and JFrog shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel – Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that JFrog may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and JFrog concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.