We also reserve the right, at our sole discretion, to terminate the Services. In the event that we decide to discontinue or terminate the Services, we will provide You with 90 days advance notice and during such 90 day period will provide You with reasonable assistance in mitigating any disruption this may cause.
You acknowledge that Scalyr may establish limits concerning use of the Services, including the maximum number of days that content will be retained by the Services, the maximum number and size of log files or other content that may be transmitted or stored by the Services, the frequency with which You may access the Services and the locations where the Service is available. While we will take reasonable efforts to provide notice prior to the deletion of any of Your content, You agree that Scalyr has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Services. You acknowledge that Scalyr shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.
You are responsible for obtaining access to the Internet through devices that access web-based content. You must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device and You are responsible for all costs relating thereto.
All trademarks, service marks, logos, trade names and any other proprietary designations of Scalyr used herein are trademarks or registered trademarks of Scalyr. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
SCALYR DOES NOT REVIEW, CONTROL, SCREEN, ENDORSE OR ADOPT ANY THIRD PARTY PROGRAMS OR OTHER CONTENT POSTED BY THIRD PARTIES AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO SUCH THIRD PARTY PROGRAMS OR CONTENT, INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS, APPROPRIATENESS, SAFETY, LEGALITY OR NONINFRINGEMENT THEREOF. YOU UNDERSTAND AND ACKNOWLEDGE THAT ALL USE OF ANY THIRD PARTY PROGRAMS OR CONTENT IS AT YOUR OWN RISK. If you have any questions about a program from a third party, You should direct Your questions to such third party.
You retain ownership rights to Your user logs, configuration settings and any other data contributed by You in connection with the Services (“User Content”). By making available any User Content through the Services, You hereby grant to Scalyr a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to use, copy, adapt, modify, and otherwise exploit User Content for the purposes of providing and improving the Services for all Scalyr users. Scalyr does not generally view or disclose your User Content. Occasionally Scalyr may need to view User Content in connection with servicing the Site. Scalyr may also perform statistical analyses on User Content in connection with developing or optimizing our Services. Scalyr will only disclose User Content to its employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on Scalyr’s behalf or to provide the Services, and (ii) that have agreed not to disclose it to others. Other than to its employees, contractors, and affiliated organizations, as described above, Scalyr discloses User Content only when required to do so by law, or when Scalyr believes in good faith that disclosure is reasonably necessary to protect the property or rights of Scalyr, third parties, or the public at large.
Notwithstanding the foregoing, You may also disclose to us certain User Content, including without limitation feedback and comments, via Scalyr’s community communication tools, such as wikis and bulletin boards (“User Proposals”). By submitting User Proposals to Scalyr, You hereby grant to Scalyr a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, adapt, modify, sublicense, transmit, distribute, display, sell, transfer, incorporate into Scalyr’s products or services, create derivative works from, or otherwise exploit any such User Proposals without any compensation to You.
You agree not to do any of the following in connection with using the Services:
You are solely responsible for Your interactions with other users. You understand that Scalyr does not in any way screen its users, nor does Scalyr inquire into their backgrounds. Scalyr makes no representations or warranties as to the conduct of users. In no event shall Scalyr be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the Services or persons You meet through the Services. You agree to take reasonable precautions in all interactions with other users of the Services, particularly if You decide to meet offline or in person. You should not provide Your financial information (for example, Your credit card or bank account information) to other users.
The Site and content available through the Services may contain features and functionalities that may link You or provide You with access to third party content which is completely independent of Scalyr, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such organizations and/or individuals. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Scalyr shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Services, or between users and any third party, You understand and agree that Scalyr is under no obligation to become involved. In the event that You have a dispute with one or more other users, You hereby release Scalyr, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
Your data will consist of any resource names, host names, IP addresses, customer-specific log files, customer-specific performance data and other similar content and data You may send to Scalyr as part of Your use of the Service, or that may be generated from Your use of the Service (the "Direct Customer Information").
Upon any termination of Your use of the Services, You may request that Your Direct Customer Information be deleted.
Scalyr will use commercially reasonable efforts to maintain security of Direct Customer Information while on its servers, including employing all applicable industry standard measures to maintain the security of such data.
If the condition, existence or format of your Direct Customer Information jeopardizes the availability of the Service or the preservation of any information or data of Scalyr or a third party, Scalyr reserves the right to delete such Direct Customer Information or prevent it from being uploaded.
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SCALYR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SCALYR SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SCALYR DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SCALYR SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SCALYR SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SCALYR DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to You insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL SCALYR BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SCALYR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS ON THE SCALYR SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS ON THE SCALYR SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to You.
The Services are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Services could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). SCALYR EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
Headings are for convenience only and have no legal or contractual effect.
If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Scalyr's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For Your complaint to be valid under the DMCA, You must provide the following information in writing:
Scalyr's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:Attention: Copyright Agent
For clarity, only DMCA notices should go to the Scalyr Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Scalyr customer service through firstname.lastname@example.org.
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