SKYCRAFTERS™ TERMS OF USE
Effective starting: April 1, 2021

Welcome to Skycrafters!  Please read these Terms of Use carefully before accessing or using Skycrafters. By accessing Skycrafters, you are agreeing to these Terms of Use, our Privacy Notice, and all other policies or notices posted by us through Skycrafters or referenced herein (collectively, these "Terms"). If you are accessing or using Skycrafters on behalf of your company, you represent that you are authorized to accept these Terms on behalf of your company, and all references to "you" reference your company.

From time to time, we may modify these Terms. Unless we specify otherwise, changes become effective upon our posting of the updated Terms, and the updated Terms will apply to all use of Skycrafters after they are posted. We will use reasonable efforts to notify you of the changes through communications via Skycrafters, email or other means.

Definitions

“Content” refers to content featured or displayed through Skycrafters, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on Skycrafters.  "Your Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of Skycrafters, by you.

“Skycrafters” means the online community accessible at https://skycrafters.io/.

“Terms” refers to, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Use”) and all other operating rules, policies (including the Skycrafters Privacy Notice, available at https://pages.skycrafters.io/rs/632-ATJ-550/images/privacy.html and procedures that we may publish from time to time on Skycrafters.

“Member Account” represents Your authorization to log in to and use Skycrafters and serves as your identity on Skycrafters.

"Third-Party Sites" means third-party websites linked from within or accessed through the Skycrafters.

“Trend Micro,” “We,” and “Us” refer to Trend Micro Incorporated, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

 “User”, "you" or "your" means the person or entity using Skycrafters.

 

Registration and Membership

In order to access and use Skycrafters, you will be required to create a Member Account by providing your full name, username, valid email address and registration IP address.  If you do not create a Member Account, you will not be able to leave comments or participate in forum discussions.  Accounts registered by "bots" or other automated methods are not permitted. One person or legal entity may maintain no more than one free Member Account.  You must be age 13 or older.  If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.

You are responsible for keeping your Member Account and password secure while you use Skycrafters.  You are responsible for your Member Account and everything that happens under your Member Account in accordance with these Terms of Use and/or other governing agreement(s) between you and Trend Micro regarding your Member Account. We reserve the right to change, add to or disable Skycrafters at any time, without notice or liability.

Your Content

You are responsible for Your Content you that you post, upload, link to or otherwise make available via Skycrafters.  You retain ownership of and responsibility for Your Content.  You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content in connection with Skycrafters.  Posts on any part of Skycrafters may be edited, moved, deleted or removed at any time and for any reason or no reason and without notice by any Trend Micro employee or representative. Trend Micro is not obligated to provide you with any reason or explanation for any post being edited, moved, deleted or removed.

Trend Micro does not make any warranty or guarantee that any information posted on any part of Skycrafters, whether or not such posting is made by a Trend Micro employee, is accurate, complete or in any way reliable. Trend Micro disclaims any approval or liability related to any comments made on Skycrafters by a user or third party. Posts on Skycrafters represent the statements and opinions of the individual third-party users and are not necessarily the opinion of Trend Micro or its employees, partners and affiliates. Trend Micro does not approve or disapprove of any posts on Skycrafters.

Privacy

Information that you provide to us or that we collect about Skycrafters users through your access to and use of Skycrafters is subject to our Privacy Notice. We encourage you to read and become familiar with our Privacy Notice.

Third-Party Sites and Products

Third-party products and third-party sites are not under our control. Third-party sites and products are provided to you only as a convenience, and the availability of any third-party site or product does not mean we endorse, support or warranty the third-party site or product. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Skycrafters. If you decide to access any external website through a link within Skycrafters, you do so entirely at your own risk, and Trend Micro will have no liability for any loss or damage arising from your access or use of any external website.

Limitation of Liability/Indemnity/Disclaimer of Warranties

TREND MICRO AND ALL INFORMATION, SERVICES AND DOCUMENTATION PROVIDED IN CONNECTION WITH ANY PART OF Skycrafters ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TREND MICRO BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, OR LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY PART OF Skycrafters OR THE RELIANCE ON ANY INFORMATION CONTAINED ON ANY PART OF Skycrafters. THESE LIMITATIONS APPLY EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY.

THIS SECTION DOES NOT SEEK TO LIMIT OR EXCLUDE THE LIABILITY OF TREND MICRO IN THE EVENT OF DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUD OR FOR ANY OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE.

IF, NOTWITHSTANDING THE OTHER TERMS OF THESE TERMS OF USE, TREND MICRO IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS ($500.00).

General

Applicable Law. This Agreement shall be governed by the laws of the State of New York, without regard to the conflict of laws provisions thereof. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Severability.  If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement.  These Terms and the Skycrafters Privacy Notice (as each may be revised and amended from time to time) collectively constitute the entire agreement with respect to your access and use of Skycrafters.