Developer Spotlight Terms
These Developer Spotlight Terms (the “Terms”) govern your participation in the Cloudflare Developer Spotlight Program (the “Program”). As used in these Terms, "Cloudflare", "us" or "we" refers to Cloudflare, Inc. and its affiliates.
THESE TERMS DO NOT APPLY TO YOUR ACCESS AND USE OF THE CLOUDFLARE PRODUCTS AND SERVICES THAT ARE PROVIDED UNDER THE SELF-SERVE SUBSCRIPTION AGREEMENT ↗, THE ENTERPRISE SUBSCRIPTION AGREEMENT ↗, OR OTHER WRITTEN AGREEMENT SIGNED BETWEEN YOU AND CLOUDFLARE (IF APPLICABLE).
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Eligibility. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Program and (iii) that your participation in the Program is in compliance with any and all applicable laws and regulations.
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Submissions. From time-to-time, Cloudflare may accept certain tutorials, blogs, and other content submissions from its developer community (“Dev Content”) for consideration for publication on a Cloudflare blog, developer documentation, social media platform or other website. You grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Dev Content in any and all media or distribution methods now known or later developed.
a. Likeness. You hereby grant to Cloudflare the royalty free right to use your name and likeness and any trademarks you include in the Dev Content in any and all manner, media, products, means, or methods, now known or hereafter created, throughout the world, in perpetuity, in connection with Cloudflare’s exercise of its rights under these Terms, including Cloudflare’s use of the Dev Content. Notwithstanding any other provision of these Terms, nothing herein will obligate Cloudflare to use the Dev Content in any manner. You understand and agree that you will have no right to any proceeds derived by Cloudflare or any third party from the use of the Dev Content.
b. Representations & Warranties. By submitting Dev Content, you represent and warrant that (1) you are the author and sole owner of all rights to the Dev Content; (2) the Dev Content is original and has not in whole or in part previously been published in any form and is not in the public domain; (3) your Dev Content is accurate and not misleading; (4) your Dev Content, does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party; and (2) no payments will be due from Cloudflare to any third party for the exercise of any rights granted under these Terms.
c. Compensation. Unless otherwise agreed by Cloudflare in writing, you understand and agree that Cloudflare will have no obligation to you or any third-party for any compensation, reimbursement, or any other payments in connection with your participation in the Program or publication of Dev Content.
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Termination. These Terms will continue in full force and effect until either party terminates upon 30 days’ written notice to the other party. The provisions of Sections 2, 4, and 5 shall survive any termination or expiration of this agreement.
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Indemnification. You agree to defend, indemnify, and hold harmless Cloudflare and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Cloudflare Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
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Limitation of Liability. IN NO EVENT WILL THE CLOUDFLARE ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE CLOUDFLARE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
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Independent Contractor. The parties acknowledge and agree that you are an independent contractor, and nothing in these Terms will create a relationship of employment, joint venture, partnership or agency between the parties. Neither party will have the right, power or authority at any time to act on behalf of, or represent the other party. Cloudflare will not obtain workers’ compensation or other insurance on your behalf, and you are solely responsible for all payments, benefits, and insurance required for the performance of services hereunder, including, without limitation, taxes or other withholdings, unemployment, payroll disbursements, and other related expenses. You hereby acknowledge and agree that these Terms are not governed by any union or collective bargaining agreement and Cloudflare will not pay you any union-required residuals, reuse fees, pension, health and welfare benefits or other benefits/payments.
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Governing Law. These Terms will be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Cloudflare agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California for the purpose of litigating all such disputes.
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Modifications. Cloudflare reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted publicly online. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted publicly online. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your participation in the Program.
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General. These Terms, together with any applicable product limits, disclaimers, or other terms presented to you on a Cloudflare controlled website (e.g., www.cloudflare.com ↗, as well as the other websites that Cloudflare operates and that link to these Terms) or documentation, each of which are incorporated by reference into these Terms, constitute the entire and exclusive understanding and agreement between you and Cloudflare regarding your participation in the Program. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.