Extend Knowledge Contribution Terms and Conditions
Essential knowledge
Intended Audience:
Business User
Author:
Fluent Commerce
Changed on:
24 June 2025
Overview
The Third Party Contributor Terms and Conditions, also known as Contribution Terms, outline the guidelines and legal framework for submitting contributions to Fluent Retail Pty Ltd, trading as Fluent Commerce. These terms establish the rights and obligations of both the contributor and the company, including licensing under Creative Commons and Apache licenses, use of contributions, privacy considerations, and limitations of liability. Contributors must ensure they have the necessary rights to submit their work and agree to the terms before submission.Key points
- Contributions are governed by Creative Commons and Apache licenses, requiring contributors to have necessary rights and authorization.
- Fluent Commerce may use, share, and publish contributions at their discretion, without any obligation for payment to contributors.
- The agreement can be terminated at any time by either party, but existing licenses remain unaffected.
Extend Knowledge Contribution Terms and Conditions
The following terms and conditions (Contribution Terms) are added to and become part of your current written agreement with us and apply each time you or any of your personnel send or submit any Contribution to us, and for clarity, these terms and conditions only govern Contributions and apply in that context to the exclusion of any other set of terms and conditions or agreement. If you do not have a current agreement with us, then a new agreement between you and us is created when you sign these Contribution Terms. In these Contribution Terms, a reference to (i) “we” or “us” is a reference to Fluent Retail Pty Ltd trading as Fluent Commerce; (ii) “you” is a reference to the individual or the legal entity agreeing to these Contributions Terms, as applicable. You warrant that you have the right to agree to these Contribution Terms in relation to the Contributions you submit to us; (iii) a “Contribution” is a reference to, as applicable, (a) a Licensed Material as that term is defined in the Creative Commons Attribution 4.0 Licence (CC BY Licence) and/or (b) a Contribution as that term is defined in the Apache 2.0 Licence (Apache 2.0 Licence), that you send or submit to us pursuant to these Contribution Terms; and (iv) a “Licence” is a reference to the CC BY Licence or the Apache 2.0 Licence as the context requires, and “Licences” refers to both of these licences. Please read and confirm your agreement to these Contribution Terms. If you do not agree with any of the terms and conditions of these Contribution Terms, please do not send or submit any Contributions. If you require rights or authorisation from anyone, including your employer, to use the whole or any part of a Contribution that you wish to send or submit to us, please ensure you obtain these before sending or submitting any of your Contributions. By agreeing to these Contribution Terms you warrant that you have all necessary rights and authorisation in connection with your Contributions. In consideration for the mutual promises set out below:License
- All content (excluding code samples) in each Contribution is licensed under the Creative Commons Attribution 4.0 Licence (CC BY Licence).
- Any code samples contained in the Contribution are licensed under the Apache 2.0 Licence (Apache 2.0 Licence). You warrant that these code samples have not been obtained from the Platform.
- You warrant that you have or have obtained all the necessary rights to license Contributions as contemplated above. You shall defend and indemnify us for infringing any third party’s intellectual property rights contained in any contribution that we use, share, publish or publicise in accordance with the Contribution Terms or the Licences as applicable.
- We authorise you to include in your Contribution links to our Platform documentation, however you acknowledge and agree that content in that documentation does not form part of the Contribution, belongs to us and is not subject to the licences referred to in these Contribution Terms.
Use of Contributions
- We will review each Contribution submitted to us, and you authorise us to provide you with feedback in relation to the Contribution. We may amend the Contribution to remove confidential or personal information content.
- We may use your Contributions in accordance with the applicable Licences.
- You agree that we may, but are not obliged to, use, share, publish and/or publicise, or otherwise make use, of any of your Contributions, and, except as otherwise stated in these Contribution Terms or the Licences as applicable, the manner is which we do so is at our sole discretion.
- You acknowledge that if you do not provide the personal data or personal information requested by us, we may not be able to provide attribution if requested relating to your Contribution.
- Unless you tell us otherwise in writing, you agree that we will use our default approach to attribution and you authorise us, as part of that approach, to use your entity name, brand, logo and/or trademark (subject to any trademark guidelines you give us, if any).
- You acknowledge and agree that we may add the following notice (or similar) at the bottom of each page or in a link from the bottom of a page:
- You are liable for any of your acts or omissions in connection with your Contributions.
- You acknowledge and agree that we own all rights, title and interests, including all intellectual property rights, in all software developments, enhancements, changes, updates or materials created by us, our Affiliates or subcontractors, that may be based on your Contributions, and we are not limited or restricted in any way in our future use of such software developments, enhancements, changes, updates, materials or documentation, and that such use constitutes neither an unauthorized disclosure of any confidential information nor an infringement of any intellectual property rights, and that you shall not bring (and shall indemnify us against) any claim of any kind made against us in connection with that use.
Publicising Contributions
- We reserve the right, but are not obliged to, promote your post on our social media platforms or other channels at our discretion, at any time, and without consulting you.
- Except as expressly set out above, neither of us may refer to the other in any communication or publication, or publicise or suggest any endorsement of any products or services, including any Contribution without the other party’s prior written consent.
No Fee
- No fee is payable, and no payment is required to be made to you, for any Contribution or any use, sharing, publishing or publicising of any Contributions.
- No fee is payable, and no payment is required to be made to us, for any sharing, publishing or publicising by us of any of your Contributions.
Privacy
We collect and use the personal data or personal information of the individual author of the Contribution to enable us to share, publish, publicise your Contributions and/or provide attribution to you in relation to these, pursuant to the terms of the applicable Licences and/or these Contribution Terms, and you consent, or, if you are a legal entity, warrant that you have obtained the individual author’s consent, to such collection and use. We handle all personal data or personal information you share with us in accordance with our Privacy Policy.Termination
This Agreement may be terminated at any time by either party for convenience and without reason by e-mail. Termination of this Agreement does not affect or terminate any of the Licences to Contributions provided prior to termination.Liability
- TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE CONTRIBUTION TERMS, ALL CONTRIBUTIONS ARE PROVIDED ON AN ‘AS-IS’ BASIS, WITHOUT WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
- EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE NOR YOU SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT CLAIM, LOSS, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH A BREACH OF THESE CONTRIBUTION TERMS, OR ANY DEALINGS IN THE CONTRIBUTIONS, EVEN IF WE OR YOU WERE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSS OR LIABILITY.
- NEITHER PARTY LIMITS OR EXCLUDES ITS LIABILITY FOR (I) ITS INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS; (II) ITS BREACH OF THE PUBLICITY CLAUSE; (III) ANY INDEMNITIES SET OUT IN THIS AGREEMENT; (IV) ANY LIABILITY TO THE EXTENT THAT THE SAME MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.
Miscellaneous
- We cannot promise that we will continue to publish all or any part of your Contribution for any period of time in the future, and we reserve the right to remove any or all of your Contributions at any time for any reason and without notice.
- These Terms are governed by the laws of New South Wales, Australia, without regard to any conflict of law provisions and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia.
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