Welcome to Drift Insider Community! This community assembles Drift Insiders, including Drift users, Drift partners, Drift employees and professionals who are all eager to learn! Through Drift Insider, Drift hopes to build a community of insight, support, and learning.
The TOU are between the individual Drift Insider Community account holder (“You”) and Drift.com, Inc. (“Drift”). By using the Drift Insider Community, You agree to these terms. Every Drift Insider+ Community user agrees to abide and be bound by the TOU and is responsible for any violations thereof. You may not assist or engage with Members in a way that would violate these Community TOU. Drift will enforce and ensure compliance with the TOU by methods we consider to be appropriate
- “Acceptable Use Policy” means the Drift Acceptable Use Policy that describes the prohibited use of the Drift platform, products and services, including the Drift Insider Community, available at https://www.drift.com/acceptable-use/.
- “Account” means your individual member account within the Drift Insider Community, marked by your unique username, that only you may access via your log-in information (such as e-mail, password and name).
- “Content” the content, including without limitation, language, data, information, and images, provided through or disclosed by use of the HubSpot Community, whether by us, our customers, or other users of the HubSpot Community. Community Content does not include Your Content
- “Drift Insider” means the online informational and education tool for its Members, available at https://insider.drift.com
- “Drift Insider Community,” or the “Community,” means the online community affiliated with Drift Insider and accessible at https://community.drift.com/.
- “Drift Insider Community Values” or “Community Values” means the values that serve as guideline for all Members’ use and access to Drift Insider Community, available at https://community.drift.com/discussion/28/community-values
- “Member” means an individual with a Drift Insider and/or Drift Insider Community Account.
- “Sensitive Information” means means an individual’s credit information, payment information, personal financial account information, Social Security information, passport information, driver’s license numbers or other similar identification information, persona or confidential employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as the Health Insurance Portability and Accountability Act (“HIPAA”) and the Payment Card Industry Data Security Standards (“PCI DSS”), the provision or disclosure of which in the Community is strictly forbidden.
Access to Drift Insider & Drift Insider Community.
- Drift shall provide You access to Drift Insider Community so long as You have an active and current Account that is not otherwise suspended or terminated. In order to access Drift Insider Community, you must register for a Drift Insider account (available at https://insider.drift.com/register/free/), which includes setting up a username, password and email address. All information provided in your Account must be accurate.
- By registering for a Drift Insider Account, You grant Drift the right to share certain Account information, mainly Your user name and certain user profile information that you make available, such as a user picture of photograph that you upload in connection with your Account. Drift will not share Your Sensitive Information without your express permission.
- Your Account cannot: (i) include a username that is not unique to you; (ii) contain “Drift” or any other words, names, logos, trade-names, trademarks or other marks of Drift in the username; (iii) impersonates another person or entity; (iv) is misleading; (v) violates the intellectual property and/or other proprietary rights of Members and other third-parties; or (vi) is otherwise not permitted or rejected by Drift.
- If at any time you believe your Account information has been compromised, please notify Drift immediately at [email protected].
Insider Community Conduct & Content
- Your Responsibility. You are at all times responsible for Your use of and access to Drift Insider and Drift Insider Community. Further, you are at all times responsible for Your Content that is shared or posted within the Community. You are responsible for the use by third parties (including Members) of any personal information disclosed by you, whether or not you permitted such use (this means that no private or personal information should be exchanged in the Community).
- Acceptable Use. You may only access and use Drift Insider Community in accordance with Drift’s Acceptable Use Policy. Drift may update the Acceptable Use Policy from time to time on the applicable website. Your use of the Drift Insider Community is subject to the Drift Acceptable Use Policy which is incorporated herein by reference.
- Community Values. By using and accessing Drift Insider and Drift Insider Community, You must follow the Drift Insider Community Values, which serve as guidelines for all Member engagement in and with the Community. Drift may update to the Community Values from time to time by updating the applicable website. Your use of the Drift Insider Community is subject to the Community Values.
- Content. You may upload and share Content within Drift Insider Community in your discretion. You grant Drift a license to display, share, publish, access, and otherwise use such Content in its discretion. You acknowledge that any Content you share in the Community will be shared with Members and, as such, will not be considered confidential information regardless of the nature of the information disclosed or shared.
- Conduct. In addition to the above, You acknowledge and agree to use Drift Insider Community in accordance with the following:
- You may only use Drift Insider Community for its intended purpose only. Your Content should typically relate to the purposes and subject matter of the Drift Insider Community, such as the Drift platform, marketing technology, etc.
- You may not make access to Drift Insider or the Community available to, or use such for the benefit of, anyone other than yourself, including selling, reselling, licensing, sublicensing, distributing, renting, leasing Drift Insider and/or the Community, or including such in a service bureau or outsourcing offering.
- You may not use Drift Insider Community or your Content for solicitation or advertising purposes, unless Drift otherwise expressly agrees with you in writing in each such case.
- You may not disclose or solicit anyone's (including your own) Sensitive information, personal information or confidential information. This also includes harvesting, collecting or in any other way tracking information about Members without their consent. Because the Drift Insider is a public community, no Sensitive Information, private, or personal information of any kind may be shared or collected in the Drift Insider Community.
- You may not harvest, collect, track or in any other way gather information about Members without their prior consent.
- You may not use or access Drift Insider and Drift Insider Community in violation of applicable law.
- You conduct and Your Content may not SPAM, threaten, abuse, harass, stalk, defame, libel, deceive, falsify, mislead or defraud, invade the privacy of or violate the rights (including intellectual property rights) of Drift, any Member or any third-parties.
- You may not include or otherwise share or disclose Content that is vulgar, obscene, indecent or unlawful. This includes any Content that is infringing, libelous or tortious.
- You may not restrict or otherwise other Members’ or Drift’s ability to access, use or maintain Drift Insider and the Community. This include any activity that damages, disables, impairs or otherwise burdens Drift Insider, Drift Insider Community sites and their respective sites.
- You may not use, access or share Content to store or transmit malicious or disruptive code, including the upload of viruses, corrupted files, ransomware, Trojans, etc. (7)
- You may not use or access Drift Insider Community for competitive purposes, including but not limited to: copying the Services or any part, feature, function or user interface thereof; framing or mirroring any part of the Drift Insider and the Community; access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service;
- You may not modify, translate, or create derivative works based on Drift Insider, the Community and any underlying software, including decompiling, disassembling, deciphering or reverse-engineering such sites, or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the Drift Insider and the Community (except to the extent such restriction is expressly prohibited by applicable statutory law).
Intellectual Property Rights.
- Your Rights. To the extent not owned or otherwise limited by third-parties, You own the right, title and interest to the Content you share in Drift Insider Community.
- Drift’s Rights. Drift owns all right in and to Drift Insider, Drift Insider Community, the site(s) affiliated with such and the Drift Content therein.
- Copyright Claims. Members must respect the rights of third-parties, including copyrights. You may not post Content that violates third-party copyrights. If you believe that Content in Drift Insider or Drift Insider Community violates your copyright, please contact Drift at [email protected] with a takedown request in accordance with the Digital Millennium Copyright Act. Please be advised that there may be legal consequences for sending a false or frivolous takedown notice and You should consider legal uses for copyrighted material, such as fair use and licensed uses, before sending. In the event Drift receives a takedown request regarding Your Content, Drift reserves the right to suspend Your Accounts pending the resolution of such matter. Further, Drift reserves the right to terminate the TOU and Your Account in the event of repeat copyright infringements.
Drift may immediately suspend your Account, without notice, for actual or suspected violations of the terms contained in the TOU, particularly in response to initial or alleged violations of Sections 2, 3, and 4 above. Continued violations may result in the termination of your Account. If you are aware of any Member usage or access that is in violation of the TOU, the Acceptable Use Policy and/or Community Values, please let Drift know by [email protected]
Reservation of Rights.
Drift reserves all rights to Drift Insider and the Drift Insider Community not expressly granted here. For avoidance of doubt, You may not sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in Drift Insider, Drift Insider Community, and any Member Content therein (that you did not otherwise upload, post, share or directly provide in Drift Insider Community).
Third Party Products, Services and/or Sites.
Access to third-party products, services and/ore sites may be made available to Members from time to time through the Drift Insider Community. Any such third party products, services and/or sites are not under Drift’s control. Any such third-party products, services and/or sites that are provided to You or Memberes are provided only as a convenience and the availability of any such third-party products, services and/ore sites is not a Drift endorsement, support or warranty of the third-party or its product(s), service(s), and/or site(s). DRIFT DISCLAIMS ALL LIABILITY WITH RESPECT TO THIRD PARTY PRODUCTS, SERVICES AND SITES THAT YOU MAY USE.
The TOU will apply so long as You use or maintain a Drift Insider Account in the Drift Insider Community, unless otherwise terminated or expired in accordance with Section 8 below.
Drift may terminate the TOU, Your Account, and/or Your access to the Drift Insider Community immediately, with or without notice to You, in the event that You:
- Violate any of the terms of the TOU;
- Materially violate the Drift Acceptable Use Policy ( https://www.drift.com/acceptable-use/);
- Use or access the Drift TOU in a manner that violates applicable law;
- Use or access the Drift Insider Community in a way which has or may negatively reflect on or affect Drift, Drift’s prospects, Drift’s customers, or otherwise violate the Drift Insider Community Values; or
- If Drift otherwise determines that termination is necessary or desirable in Drift’s sole discretion.
Following termination, Drift is not obligated to provide You with any of Your Content used or provided in connection with the Drift Insider Community. Termination or expiration of this TOU shall not affect any other agreements you may have with Drift at the time.
Representations and Warranties.
- You represent and warrant that: (i) You have the right and ability to enter into the TOU with Drift; (ii) You own or otherwise have all necessary rights to the Content you post, share and otherwise within Drift Insider Community, including all necessary intellectual property rights; (iii) Your Content does not violate applicable law; and (iv) Your Content does not violate the intellectual property and other proprietary rights of Third Parties.
- EXCEPT FOR THE WARRANTIES PROVIDED HEREIN, DRIFT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF DRIFT INSIDER, DRIFT INSIDER COMMUNITY, ANY CONTENT THEREIN OR THE DRIFT PLATFORM, PRODUCTS AND/OR SERVICES (THE “DRIFT ASSETS”) FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE DRIFT INSIDER AND DRIFT INSIDER COMMUNITY ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DRIFT DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE DRIFT ASSETS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DRIFT ASSETS MAY INCLUDE INACCURACIES AND/OR TYPOGRAPHICAL ERRORS.
You agree to indemnify indemnify, defend and hold Drift harmless, at your expense, against any third-party claim, suit, action, or proceeding against Drift (a “Claim”) to the extent that such Claim is based upon or arises out of (a) your use of Drift Insider and the Community, (b) your disclosure or solicitation of personal information, (c) any use of personal information that you disclosed, whether this use is by you or a third party, (d) your noncompliance with or breach of this Agreement, or (e) your use of Third-Party Products or Third-Party Sites. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
Limitation of Liability.
- No Consequential Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
- Damages. EACH PARTY’S AGGREGATE LIABILITY WILL BE LIMITED TO TWO HUNDRED FIFTY DOLLARS ($250). DRIFT IS NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY LIABILITY WITH RESPECT TO ALL THIRD-PARTY PRODUCTS THAT YOU USE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES. THIS SECTION DOES NOT APPLY TO A PARTY’S VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.
- Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility or sabotage; act of God; electrical, internet or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
- Relationship of the Parties. The parties understand and agree that no joint venture, partnership, employment or agency relationship exists between them.
- Compliance with Laws. Drift will comply with all applicable laws in its provision of Drift Insider and Drift Insider Community, including Drift’s Content. You will comply with all applicable laws in your use of and access to Drift Insider Community, including Your Content and sharing thereof.
- No Waiver. No delay in exercising any right or remedy or failure to object will be considered a waiver of such right or remedy, or of any other right or remedy. A waiver on one occasion shall not be a waiver of any right or remedy on any future occasion.
- Severability. If any part of the TOU, the Acceptable Use Policy and/or Community Values is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service will continue in effect.
- Notices. Notice to Drift will be sent to the contact address set forth herein and will be deemed delivered as of the date the notice is actually received. We will send You notices at the email address You have provided in Your Account. Drift may provide electronic notices by general notice via Drift Insider or may give electronic notices specific to You by email. You must keep all of your account information current.
- Entire Agreement. The TOU, including the Acceptable Use Policy and Community Values constitute the entire agreement between You and Drift regarding Drift Insider and DriftInsier Community and such supersedes and replaces any prior agreements we might have had between us regarding the same.
- Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, Drift may assign the TOU, upon providing written notice to You, but without your consent, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets.
- No Third-Party Beneficiaries. No person or entity not a party to the Agreement will be a third-party beneficiary.
- Governing Law. The TOU and all related policies shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions.
- Changes. Drift reserves the right to modify the TOU at any time without prior notice. You can always find the most recent version of the TOU here. Your use of and access to the Drift Insider Community following any such modification constitutes Your agreement to follow and be bound by the TOU, as modified. As a Drift Community Insider, You agree to regularly review the TOU and always remain in compliance with the TOU. If You do not agree to the new TOU, You should cancel and/or delete your Account and cease all use of and access to Drift Insider.