1. Our agreement
1.1 These terms of use ("Terms of Use") apply to your use of [radar.thoughtworks.com (and its related sub-domains)] (the "Site") which we own and maintain. These Terms of Use should be read alongside, and are in addition to, our Privacy Policy which tells you how we use your personal information and is accessible here: https://www.thoughtworks.com/privacy-policy.
1.2 We operate this Site to provide information about our business activities, the products and services we offer our customers and to make online functionality and services available online.
1.3 Please read these Terms of Use carefully. By using the Site you accept these Terms of Use and agree to comply with them. If you do not agree to these Terms of Use, you must stop using the Site immediately.
1.4 If you are accepting these Terms of Use on behalf of a company or other legal entity, you must have the authority to bind them to these Terms of Use. Otherwise, you must stop using the Site immediately.
1.5 We may update or amend these Terms of Use from time to time without notice to you. Any updates or amendments will be posted on the Site. By continuing to use the Site, you agree to be bound by the terms of these updates and amendments.
1.6 These Terms of Use were last updated on 3 November 2016.
2. About us
2.1 The Site is operated by Thoughtworks, Inc. a Delaware corporation with the business address of 200 E. Randolph Street, 25th Floor, Chicago, IL 60601.
2.2 Further information about us is available on the About Us webpage www.thoughtworks.com/about-us.
2.3 If you have any questions, complaints or comments about the Site or these Terms of Use then please contact us by email or telephone using the contact details set out on the Contact Us webpage: [www.thoughtworks.com/contact-us].
3. Accessing the Site
3.1 You are responsible for maintaining the confidentiality of any user name or password you create to use the Site (if any) and are responsible for all activities that are carried out under them.
3.2 Some parts of the Site may require you to log in using sign-in services such as Facebook Connect or an Open ID provider. The sign-in services used on the Site will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form.
3.3 You agree to notify us immediately using the contact details indicated at paragraph 2.3 above, if you become aware of or suspect any unauthorised use of your password or user name.
3.4 You confirm that:
- (a) any information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times; and
- (b) you will at all times comply with these Terms of Use.
3.5 You agree that in using the Site you will not:
- (a) use the Site for any unlawful purpose or in a way which infringes the rights of anyone else or restricts or inhibit anyone else's use and enjoyment of the Site;
- (b) damage the reputation or goodwill of Thoughtworks or any other person or third party;
- (c) use the Site in any way that interrupts, damages, impairs or renders the Site less efficient;
- (d) impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information;
- (e) knowingly introduce or transfer viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- (f) authorise, encourage or assist any other person to, copy, scrape, mine, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases, content, data and other technology that forms part of the Site;
- (g) penetrate the Site's security measures or attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
- (h) attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under relevant laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately; or
- (i) email, publish or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate.
3.6 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and that they comply with them.
3.7 We reserve the right to suspend, restrict or terminate your access to the Site at any time without notice if we have reasonable grounds to believe you have breached any of the above restrictions or any other provision of these Terms of Use. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
4. Intellectual Property
4.1 Your use of the Site and its contents grants no rights to you in relation to our intellectual property rights ("IPR") or the IPR of any third parties. We own or are licensed to use all IPR existing in, or in relation to, the Site and its contents. All rights and IPR in or relating to any third party content, branding, logos and registered and unregistered trade-marks are owned by such third parties or their licensors.
4.2 You are permitted to download and print content from the Site solely for your personal use and you may draw the attention of others within your organisation to content posted on our Site. Site content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written permission. You are specifically not entitled to use the content of the Site for commercial exploitation in any circumstances without obtaining a licence to do so from us or our licensors.
5. Availability and content
5.1 The Site is made available free of charge.
5.2 We provide the Site on an 'as-is' basis and do not guarantee that the Site, or any content on it, will always be available or uninterrupted or fault free and do not accept any liability for any errors or omissions. We may suspend or terminate all or any part of the Site without notice at any time if we feel this is necessary (for example to perform upgrades, maintenance or for other operational reasons). We may update and change our Site from time to time.
5.3 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date, nor that the Site does not infringe the rights of any third party.
5.4 We accept no responsibility or liability for your reliance on the Site. The content on the Site is provided for general information only and any reliance is entirely at your own risk. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in the Site, we accept no liability for them and do not guarantee that our Site will be free from them.
6. Links
6.1 We may provide (or enable you to submit) links to other websites as part of the Site. You acknowledge that:
- (a) we do not control such third party websites and are not responsible for their contents;
- (b) such links should not be interpreted as approval by us of those linked websites or any information you may obtain from them;
- (c) linked websites have their own separate terms which you should comply with;
- (d) we will not be party to any transaction or contract with a third party that you may enter into via such websites;
- (e) we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites; and
- (f) you agree that you will not involve us in any dispute between you and the third party.
6.2 You may link to our Site, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we have given you our written permission. We reserve the right to withdraw linking permission without notice.
7. Uploading material
7.1 Each time you make use of a feature that allows you to: (i) upload, submit, store, send or receive content to or through the Site; (ii) submit links to content uploaded by you on a third party site (including, but not limited to, publicly accessible Google Sheets); or (iii) make contact with other users of the Site ("Content Feature(s)"), you must comply in all respects with the provisions in this clause 7 and those in the content standards set out at clause 8 of these Terms of Use below.
7.2 When you use a Content Feature to submit content you give Thoughtworks (and those we work with) a worldwide licence to use, copy, distribute, modify, reproduce, publish, publicly display, distribute and disclose to third parties for any purpose the content you provide. Our rights under this licence are limited to the purposes of improving, operating and promoting our services and to develop new ones. Please make sure you have the necessary rights to grant us this licence for any content you make available through the Content Features.
7.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user on the Site through the Content Features.
7.4 The materials posted by other users through the Content Features do not represent our views or values.
7.5 We have the right, without notice, to remove any material or posting which you make through the Content Features if, in our opinion, such material does not comply with the content standards set out at clause 8 of these Terms of Use below.
7.6 You are solely responsible for securing and backing up your content.
8. Content standards
8.1 These content standards apply to any and all material which you contribute to the Site ("Contributions"), and to any interactive services associated with it.
8.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
8.3 Contributions must:
- (a) be accurate (where they state facts);
- (b) be genuinely held (where they state opinions); and
- (c) comply with applicable law in any country from which they are posted.
- 8.4 Contributions must not:
- (a) contain any material which is defamatory of any person;
- (b) contain any material which is obscene, offensive, hateful or inflammatory;
- (c) promote sexually explicit material;
- (d) promote violence;
- (e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- (f) infringe any copyright, database right or trade mark of any other person;
- (g) be likely to deceive any person;
- (h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- (i) promote any illegal activity;
- (j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- (k) be likely to harass, upset, embarrass, alarm or annoy any other person;
- (l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- (m) give the impression that they emanate from us, if this is not the case; or
- (n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
9. Liability
9.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes our liability for death or personal injury caused by our negligence or that of our employees and agents and for fraudulent misrepresentation.
1.1 We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
1.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- (a) use of, or inability to use, our site; or
- (b) use of or reliance on any content displayed on our site.
1.3 In particular, we will not be liable for:
- (c) loss of profits, sales, business, or revenue;
- (d) business interruption;
- (e) loss of anticipated savings;
- (f) loss of business opportunity, goodwill or reputation;
- (g) loss of data; or
9.2 You will defend, indemnify and hold us harmless against all claims, demands, proceedings, damages, losses, costs (including reasonable legal costs), expenses, fines and charges arising out of your use of the Site.
10. General
10.1 We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms of Use to another other legal entity. You agree that we may do so provided that this will not adversely affect the standard of the service you receive under these Terms of Use.
10.2 In the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms of Use to another legal entity, your only rights under or in connection with these Terms of Use will be against the new legal entity and not against us.
10.3 These Terms of Use are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
10.4 If you breach these Terms of Use and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
10.5 If any part of these Terms of Use is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
10.6 These Terms of Use are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms under clause 10.1 above.
10.7 These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of the State of Illinois. We both agree to the exclusive jurisdiction of the courts of Chicago, Illinois.