Legal Items

Community Forum Agreement

Nest Community Forum Agreement

This Nest Community Forum Agreement (the “Agreement”) provides important information about your use of the Nest Community Forum site (the “Forum Site”), and is an agreement between you and Nest Labs, Inc. (“Nest”) that governs your use of the Nest Community Forum.

At any time, Nest may change, add, or remove any part of this Agreement or any part of the services and features provided at the Forum Site. If it does so, Nest will update the Agreement at nest.com/au/legal/community-forum-agreement (and may also post such changes elsewhere on the Forum Site).

IF YOU CHOOSE TO ACCEPT THIS AGREEMENT AND USE THE NEST COMMUNITY FORUM, YOU MUST ACCEPT THIS AGREEMENT AS PRESENTED TO YOU, WITHOUT CHANGES. BY ACCEPTING THIS AGREEMENT AND BY CONTINUING TO ACCESS OR USE THE FORUM SITE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU MAY NOT ACCESS OR USE THE FORUM SITE, OR ACCEPT OR AGREE TO THESE TERMS, IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE FORUM SITE.

IF ANY FUTURE CHANGE IS UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE FORUM SITE. YOUR CONTINUED USE OF THE FORUM SITE WILL ALWAYS INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.

General

  1. As long as you comply with the Agreement, and subject to the terms herein, Nest grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Forum Site.

  2. In addition to the terms and conditions in this Agreement, all use of the Forum Site is governed by the Nest.com Terms of Service (“Terms of Service”) set forth at nest.com/au/terms, which are specifically incorporated herein.

  3. In the event of any conflict between this Agreement and the Terms of Service, then this Agreement will govern.

  4. All capitalized definitions used in the Terms of Service will have the same meaning in this Agreement, unless otherwise specified in this Agreement. The definition of “Services” from the Terms of Service will now additionally and expressly include use of the Nest Community Forum. The definition of “Site” from the Terms of Service will now additionally and expressly include community.nest.com.

  5. You must be at least the age of majority in your state to post to the Forum Site.

  6. You agree to not interfere with or disrupt the Forum Site.

Forum Content

  1. Views expressed on the Forum Site are not endorsed by Nest.

  2. Nest does not prescreen information submitted by users of the Forum Site ("Submissions"). Nest retains the right, but not the responsibility, to edit or remove any Submission, including those deemed by Nest to violate the Agreement. Nest will make good faith efforts to investigate allegations that Submissions violate the Agreement but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific Submission, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any Submission whatsoever.

  3. Nest does not provide formal product support on the Forum Site. Nest may provide general product or technical information; however, any information that is provided by Nest or Nest employees is offered on an "AS IS" basis without warranties of any kind. This disclaimer is in addition to the disclaimers and limitation of liability set forth in the Terms of Service.

  4. Nest may use "cookies" and other technologies to track user activity within the Forum Site. These technologies help Nest improve your experience and Nest products and services. Nest's use of this tracking information will conform to Nest’s Privacy Policy.

  5. To submit information to the Forum Site, each user must create a unique user name. You also will use your existing login and password. Please review Nest's Privacy Policy, which describes how Nest collects, uses and protects your personal information.

Submissions

  1. Code of Conduct for Submissions. You agree to the abide by the following code of conduct regarding your Submissions:
    1. Stay on topic. Nest Community Forum is here to help people use Nest products and technologies more effectively. Unless otherwise noted, do not add Submissions about other topics. Your Submission should be within the category identified on the Community Site. Constructive feedback about product features is welcome as well.
    2. Be polite and lawful. Everyone should feel comfortable reading Submissions and participating in discussions. Do not include in your Submission or user name any material that is libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context.

    3. No polls or petitions. Do not post polls or petitions or links to same.
    4. No advertising. Do not use the Forum Site to sell or market your products to others and do not post a URL unless it directly answers a user's question. If any portion of your Submission, including any posted URL, results in any accrual of compensation or benefit to you, you must note this in your post by stating, "I may receive some form of compensation, financial or otherwise, from my recommendation or link." Your signature should NOT include any link to a website.
    5. Be original. Material submitted must be your own work or work to which you have a license. You warrant and represent that you own or otherwise control all of the rights to the information contained in your Submission.

  2. License to Use Submission. By sending a Submission to the Forum Site you agree to grant Nest a perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to the Submission. If your submission includes any product suggestion or new idea for implementation by in a feature or product by Nest, you are agreeing that: (1) your submission and its contents will automatically become the licensed to and the property of Nest, without any compensation to you; (2) Nest may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way, including implementation in products or services; (3) there is no obligation for Nest to review the submission; and (4) there is no obligation for Nest or any of its employees to keep the submission confidential. If you do not want to grant to Nest the rights set out above, do not send your Submission to the Forum Site.

  3. Indemnification Regarding Submission. You are fully responsible for the content of your Submissions. You agree to indemnify, defend and hold harmless Nest, its subsidiaries, and affiliates for all third-party claims or expenses arising out of or related to your Submissions. This indemnification is in addition to the other indemnification obligations set forth in the Terms of Service.

  4. Nest Takedown and Enforcement. Nest reserves the right to delete or take down any Submission, disable, or take action against any account, at any time, for any reason.

  5. Reporting Copyright Infringement If you are a content owner and believe that someone’s Submission infringes your copyright in your content, then please report the matter to copyright@nestlabs.com