Zulip - Open Telekom Cloud Terms and Conditions
Welcome to the Zulip - Open Telekom Cloud. By accessing or using any part of the site, You agree that You are subject to and will comply with these Terms of Use, as We may update them from time to time. This Agreement is between You and the Open Telekom Cloud, operated by T-Systems International GmbH (henceforth “Open Telekom Cloud”) a corporation located at Hahnstraße 43d, 60528 Frankfurt am Main, Germany.
DEFINITIONS
“Agreement” or “Terms” refers to these Zulip - Open Telekom Cloud Terms and Conditions in their entirety.
“Zulip - Open Telekom Cloud” or “OTC Zulip” is an internal site created for Open Telekom Cloud internal use, accessible via https://zulip.tsi-vc.otc-service.com. OTC Zulip content may include but is not limited to answers, help and training, collaboration, ideas, user groups, known issues, and new features. Use and participation in the OTC Zulip is subject to these Terms.
“We,” “Our” or “Us” means Open Telekom Cloud, its affiliates and subsidiaries.
“You” or “Your” means you as an individual, and any company or organization for whom you are using the OTC Zulip.
YOUR PROFILE AND ACCOUNT
You agree that all information You submit to the OTC Zulip, including to profile pages, is accurate and that You will keep it current. If We have grounds to suspect that Your information is untrue, inaccurate or incomplete, We have the right to suspend or terminate Your use of the OTC Zulip. It is Your responsibility to maintain the confidentiality of any password associated with Your use of the OTC Zulip. You agree that We may send You information and notices regarding OTC Zulip and your OTC Zulip account by email, text messaging, OTC Zulip Private Message or other means based on the information You provide to Us.
YOUR RESPONSIBILITIES
You shall:
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(a) Teat other OTC Zulip users with courtesy and respect.
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(b) Be responsible for Your compliance with these Terms and all activities occurring within or from your OTC Zulip account.
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(c) Use commercially reasonable efforts to prevent unauthorized access to or use of the OTC Zulip, and notify Open Telekom Cloud promptly of any such unauthorized access or use, and
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(d) Use the OTC Zulip only in accordance with these Terms, for its intended purpose and in compliance with all applicable laws and government regulations.
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(e) Ensure that, when posting embedded or other material hosted on a third-party server (e.g., a YouTube® video), the content of such material shall follow these Terms of Use and the external site’s terms and conditions.
You shall not:
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(a) Impersonate any other person;
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(b) Falsely say or imply that You are associated with Us, another person or entity;
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(c) Submit content in exchange for payment or other consideration from another person or entity;
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(d) Use the OTC Zulip in connection with unsolicited commercial messages;
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(e) Violate any antispam or similar law;
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(f) Use the OTC Zulip to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
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(g) Use the OTC Zulip to store or transmit malicious code or malware, or to engage in phishing or other fraudulent activity;
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(h) Interfere with or disrupt the integrity or performance of the OTC Zulip or any data contained therein;
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(i) Attempt to gain unauthorized access to the OTC Zulip, or Open Telekom Cloud or Partner systems or networks;
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(j) Scrape, data extract or data mine, or any related activity, from the OTC Zulip, or otherwise collect information about other OTC Zulip users without their consent; or
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(k) Submit or link to any content (including any name or User ID You use in the OTC Zulip) that:
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(l) Infringes or violates the intellectual property or other rights of any person or entity;
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(m) Intentionally interferes with the operation of the OTC Zulip;
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(n) Violates anyone’s privacy or publicity rights;
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(o) Breaches any duty of confidentiality that You owe to anyone;
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(p) Provides any nonpublic information about Us or any other company or person without authorization (including the names and contact information for Our employees or OTC Zulip users);
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(q) Is, in Our sole discretion vulgar, offensive, inappropriate, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable; or that We reject for any other reason in Our sole discretion;
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(r) Contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware; or
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(s) Contains false or deceptive language, unsubstantiated or comparative claims regarding Our or others’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits.
You are solely responsible for compliance with Your employer’s policies and requirements. Furthermore, You are responsible for compliance with any regulatory or legal requirement You may be subject to as a result of Your employment, residence, or role within an organization.
Use of the OTC Zulip is at Your sole risk. We may modify the functionality of the OTC Zulip and its interface at any time at Our sole discretion, and such modifications may result in a loss of data associated with that functionality. We also reserve the right, in Our sole discretion and without cause at any time, and without notice to You, to remove, or refuse to post any content submitted or posted by You to the OTC Zulip.
ACCOUNT TERMINATION BY OPEN TELEKOM CLOUD
We may suspend or terminate Your access to the OTC Zulip immediately without any liability, upon notice, if in Our sole judgment You have violated these Terms. We may also suspend or terminate Your use of the OTC Zulip or condition Your continued use on additional terms. If Your continued use, in Our sole judgment, poses an undue or disproportionate burden on the OTC Zulip, or if Your activity on the OTC Zulip is disruptive or detrimental to other users or the security of the OTC Zulip, Your account may be cancelled, Your employer may be notified, and You may be banned from future participation in the OTC Zulip and other Open Telekom Cloud events.
TRADEMARKS
Open Telekom Cloud, Deutsche Telekom, Magenta, and the Open Telekom Cloud logo and other Open Telekom Cloud trademarks used on the OTC Zulip are owned by Us and may not be used in any manner without Our express prior written consent pursuant to Our Trademark and Copyright Guidelines available at https://www.telekom.com/en/company/brand.
NO WARRANTY
THE OTC ZULIP IS PROVIDED “ASIS,” EXCLUSIVE OF ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CONTENT POSTED BY ANYONE OTHER THAN US ON THE OTC ZULIP IS THE SOLE RESPONSIBILITY OF THE ORIGINATOR OF THAT CONTENT. WE ARE NOT RESPONSIBLE FOR ANY CONTENT POSTED BY YOU OR ANY THIRD PARTY, WHETHER OR NOT WE REVIEWED OR MODERATED SUCH CONTENT. CONTENT POSTED BY US ON THE OTC ZULIP ARE NOT PART OF ANY USER GUIDE OR LEGAL AGREEMENT. ALL SUCH AFOREMENTIONED CONTENT IS PROVIDED “ASIS”, AND WE DO NOT MAKE ANY REPRESENTATION AS TO ITS QUALITY OR ACCURACY, AND WE SPECIFICALLY DISCLAIM THE ACCURACY, COMPLETENESS, RELIABILITY, USEFULNESS, NONINFRINGEMENT, QUALITY OR ORIGINALITY OF SUCH CONTENT. WE DISCLAIM ANY RESPONSIBILITY WHATSOEVER FOR ANY CONTENT OR MATERIAL ON THE OTC ZULIP REGARDLESS OF WHO ORIGINATED THAT CONTENT (INCLUDING OUR EMPLOYEES, PARTNERS, AFFILIATES OR MODERATORS).
NO DAMAGES
You agree that you bear all risks associated with using or relying upon content on the OTC Zulip. IN NO EVENT SHALL WE HAVE ANY LIABILITY HEREUNDER TO YOU FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, and employees harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from:
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(1) Your breach of these Terms of Use or
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(2) any claim made by any third party arising out of content You submit to or post on the OTC Zulip and your activity on the Community, including, but not limited to, Your violation of these Terms or Your violation of any rights of a third party.
PROPRIETARY RIGHTS AND PRIVACY
You shall retain your ownership interest and applicable rights in any posts, comments, material, or other content contributed to the OTC Zulip, and you hereby grant to Us a perpetual, irrevocable, worldwide, fully paid up right and license to use, copy, modify, edit, publish, republish, distribute and create derivative works based on, in any form, any content or material You contribute to the OTC Zulip. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to all Open Telekom Cloud’s intellectual property rights in the OTC Zulip, including but not limited to its user interface, branding, content, ideas, and underlying technology. No rights are granted to You hereunder other than as expressly set forth herein.
Subject to the above, We will treat Your personal information submitted to the OTC Zulip in accordance with Our Privacy Statement at
THIRD PARTY LINKS
The OTC Zulip may contain links to third party sites; such linked sites are not under Our control and We are not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to remove any links at any time. Open Telekom Cloud does not endorse the companies or products to which it links and reserves the right to note such on its web pages. If You decide to access any of the third-party sites linked, You do so entirely at your own risk.
REMOVAL OF MATERIAL AND U.S. DIGITAL MILLENNIUM COPYRIGHT ACT
Open Telekom Cloud reserves the right to remove any posts, comments, material and information or other content it deems to be offensive, discriminatory, defamatory, sexist, racist, indecent, disparaging, obscene, pornographic, abusive, harassing, illegal, or an invasion of privacy, or which in any manner violates these Terms of Use. Please report abuse at DL-TSI_OTC_Tools_Squad@t-systems.com Subject: Report Abuse.
If You wish to submit an allegation of infringement under the U.S. Digital Millennium Copyright Act of 1998 (DMCA) please see: https://www.open-telekom-cloud.com/terms-of-use.html#legal. If We receive a notice alleging that material or content You posted on the OTC Zulip infringes another party’s copyright, We may remove that material in accordance with Title II of the DMCA (Section 512 of the U.S. Copyright Act).
The DMCA notice MUST include the following:
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(1) a detailed description of the alleged infringement;
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(2) the copyright owner’s name or who otherwise retains authorized use;
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(3) the URL(s) where the alleged infringement can be located;
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(4) a statement indicating your authorization to file a DMCA complaint;
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(5) how you may be contacted; and
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(6) this statement:
“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”
ENFORCEMENT
We generally do not prescreen, verify, edit, monitor or moderate the content posted by users but may do so from time to time in Our sole discretion, including in private groups. We and Our agents reserve the right to investigate any violation of these Terms of Use and to take appropriate remedial action.
Any violation of these Terms may result in the suspension or termination of Your ability to use or participate on the OTC Zulip and its associated pages. We reserve the right to enforce these Terms at our sole discretion, including, but not limited to, warning users of violations, disabling or suspending privileges and/or access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms, or which we otherwise deem inappropriate, harmful, objectionable or inaccurate.
Deliberate attempts by You or someone on Your behalf to evade or circumvent the suspension or termination of Your use or participate on the OTC Zulip violates these Terms, constitutes an unlawful trespass to Our equipment and systems, and may result in legal action.
We may release information concerning Your use of the OTC Zulip (including posted content, registration information, and network records) when We believe release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply these Terms; to protect Our rights or property; to protect against fraudulent, abusive or unlawful use or participation on the OTC Zulip; or if We reasonably believe that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure.
No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
To report violations of these Terms, please email DL-TSI_OTC_Tools_Squad@t-systems.com with appropriate details, including Your contact information.
SEVERABILITY
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Terms will remain in effect.