Showcase Terms and Conditions
If you agree to these terms 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 refer to you and your company. In each case, when interacting with Contentful, you must ensure that you give us your correct and accurate information and keep such information up to date.
These terms are between Contentful (“we” or “us”) and you, the person or entity submitting this form. If you are domiciled outside of North America, Contentful in this Agreement refers to Contentful GmbH. If you are domiciled in North America, Contentful in this Agreement refers to Contentful Inc.
Approval and General Requirements
Contentful may grant or withhold approval (or may grant approval subject to conditions) to publish the content submitted through the Showcase Submission Form on its Developer Showcase page at its sole discretion. approval is not an endorsement or assumption of liability by Contentful. Contentful may withdraw an approval at any time, with or without notice, and for any reason or may make a previously granted approval subject to conditions. Withdrawal means that any content submitted through the Showcase Submission Form will be deleted from the Showcase page. Contentful will have no liability to you for such withdrawal or any consequences from such withdrawal.
You understand and agree that Contentful takes no responsibility with regard to the content you submit through the Showcase Submission Form whether or not it is approved for publication on our Showcase page.
Rights and Licenses
You authorize Contentful and grant the rights and licenses to Contentful, to host, copy, transmit, display, publicly perform and adapt any content submitted through the Showcase Submission form and any materials provided to us in this context. By submitting your application to Contentful, you therefore agree to grant Contentful such a license on a non-exclusive, perpetual, royalty-free basis.
Any app submission made through our Showcase Submission Form is subject to our Contentful developer terms available at https://www.contentful.com/legal/marketplace-terms/marketplace-terms-for-developers/
Warranties and Representations
You represent and warrant: (a) that you have the full power and authority to enter into and perform these terms, (b) that the content submitted through the Showcase Submission Form and its intended purpose do not violate any third-party rights (including intellectual property rights and rights of privacy or publicity) or any applicable laws, and (c) that all materials and information you provide to us are true, accurate and complete at the time of disclosure and will be maintained as such.
To the maximum extent not prohibited by applicable law, you will defend Contentful and Contentful affiliates, employees, directors, shareholders and agents and those of its affiliates (each an “Indemnified Party”), against any claim, demand, suit or proceeding made or brought against any Indemnified Party by a third party arising out of or relating to: (a) your use of, or activities in connection with, the Contentful Resources, and (b) any violation or alleged violation of any third-party rights, including intellectual property rights, right of privacy or publicity (each, a “Claim”). You will indemnify such Indemnified Party from any damages awarded against such Indemnified Party, such Indemnified Party’s reasonable attorney fees and costs related to a Claim, or for any amounts paid by such Indemnified Party in a settlement of a Claim approved by you in writing (such approval not to be unreasonably withheld, delayed or conditioned). The Indemnified Party shall give you (i) a prompt notice of the Claim, (ii) sole control of the defense and settlement of the Claim (except that you may not settle any Claim unless it unconditionally releases the applicable Indemnified Party of all liability), and (iii) reasonable assistance, at your expense.
YOU EXPRESSLY AGREE THAT THE USE OF ANY CONTENTFUL RESOURCES IS AT YOUR SOLE RISK. ANY CONTENTFUL RESOURCES AND ANY DATA OR INFORMATION MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY CONTENTFUL RESOURCES ARE PROVIDED BY CONTENTFUL ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CONTENTFUL AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CONTENTFUL AND ITS AFFILIATES DO NOT WARRANT THAT THE CONTENTFUL RESOURCES OR INFORMATION OFFERED ON OR THROUGH ANY CONTENTFUL RESOURCES WILL BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING, IF ENCOUNTERED, WILL BE CORRECTED. CONTENTFUL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS ABOUT DEVELOPER APPLICATIONS OR DEVELOPER SERVICES. ANY WARRANTY OR REPRESENTATION MADE REGARDING ANY DEVELOPER APPLICATION OR DEVELOPER SERVICES IS MADE DIRECTLY BY SUCH DEVELOPER. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. EXCLUSIONS OF WARRANTIES CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTI
Limitations and Exclusions of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW
CONTENTFUL’S (TOGETHER WITH ALL INDEMNIFIED PARTIES) MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS TERM, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100):
CONTENTFUL (TOGETHER WITH ALL INDEMNIFIED PARTIES) HAS NO LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES; AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH ANY CONTENTFUL RESOURCES IS TO STOP USING THE APPLICABLE CONTENTFUL RESOURCES.
THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY APPLY WHETHER THE LIABILITY IS IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF WHETHER CONTENTFUL OR INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR WHETHER ANY REMEDY OTHERWISE FAILS ITS ESSENTIAL PURPOSE.
To the extent a disclaimer, limitation or exclusion of liabilities is not enforceable by applicable law, Contentful’s liability is limited and excluded to the greatest extent allowed by such applicable law.
Without prior written permission from Contentful, you may not state or represent that you are in any way affiliated with Contentful. Any press releases made by you and referencing the Contentful website or using the Contentful name or logos is subject to prior approval by Contentful. To seek approval, please reach out to email@example.com. Your use of Contentful’s name and logos inure solely to our benefit. You will follow our documented instructions when using our name and logos.
This Agreement is governed by the internal laws of
the Federal Republic of Germany if you are domiciled outside of the Americas, Australia or New Zealand.
the State of Delaware, U.S.A. if you are domiciled in the Americas, Australia or New Zealand.
If German law applies, all disputes arising out of or related to this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts of Berlin, Germany. If Delaware law applies, all disputes arising out of or related to this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware, U.S.A.
In each case, provisions relating to choice or conflict of laws among different jurisdictions or the United Nations Convention on Contracts for the International Sale of Goods do not apply.
The foregoing does not limit or exclude any rights afforded by mandatory applicable law to you as a consumer.