Idea Submission Terms
Thank you for choosing to share your ideas with us to support The Future of Software Testing. The Future of Software Testing (the “Series”) is published at thefutureofsoftwaretesting.com (the “Site”) and is sponsored by Katalon, Inc. and its affiliates (“Katalon”, “we”, “us”, “our”).
These Idea Submission Terms (“Submission Terms”) apply whenever you send us an idea, topic, question, comment, suggestion, perspective, opinion, critique or any other feedback through the Site, including through the “Share your ideas” form, by email to communications@katalon.com, or through any other channel we make available for the Series (each, an “Idea”).
By submitting an Idea, you accept these Submission Terms. If you do not accept them, please do not submit an Idea.
Submitting an Idea is voluntary
Your submission of an Idea is voluntary, and you are under no obligation to submit any Idea, and you may stop submitting at any time. We are under no obligation to read, use, publish, respond to or acknowledge any Idea, and we may decline, edit, shorten, combine, anonymise or remove any Idea at any time and for any reason, without notice or liability to you.
Licence you grant to us
You keep ownership of your Idea. Nothing in these Submission Terms transfers ownership of any intellectual property rights in your Idea to us. By submitting an Idea, you grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, transferable and sublicensable (through multiple tiers) licence to use, copy, distribute, display, modify, create derivative works of, and otherwise exploit the Idea, in whole or in part, alone or in combination with other material, in any medium or format now known or later developed, for any purpose, including without limitation creating, publishing and promoting articles, manifestos, guides, reports, newsletters, podcasts, videos, social media content, events and any other content forming part of, or derived from, the Series.
To the maximum extent permitted by applicable law you waive, and (where waiver is not permitted) agree not to assert, any moral rights, rights of attribution and rights of integrity you may have in the Idea against us, our affiliates, the sponsor(s) of the Series and our sublicensees.
Attribution
We may publish an Idea with your name and organisation, without attribution, or in anonymised or aggregated form, at our discretion. You are not entitled to attribution. If you would prefer not to be identified, tell us in the Idea itself or email communications@katalon.com when you submit. We will use reasonable efforts to honour that preference in material we publish after we receive it.
No confidentiality
Do not submit anything you want kept confidential, anything you cannot afford to have made public, or anything you may later need to withdraw. We do not treat Ideas as confidential and we owe you no duty of confidence in relation to them.
No payment
You will not receive any fee, royalty, equity, credit or other compensation for an Idea, or for any use we make of it, whether commercial or otherwise. You acknowledge that the opportunity to contribute to and participate in the Series is good and valuable consideration for the licence and other rights you grant under these Submission Terms, the receipt and sufficiency of which you acknowledge.
Your representations and warranties
You represent and warrant that:
- you are at least 18 years old;
- the Idea is your own original work, or you otherwise hold all rights necessary to grant the licence to the Idea;
- the Idea does not infringe or misappropriate the intellectual property, privacy, publicity, confidentiality or any other rights of any third party;
- the Idea does not contain confidential, proprietary or trade secret information belonging to your employer, your clients or any other third party, and you are not prohibited by any contract, policy or duty from submitting it;
- the Idea does not contain personal data relating to any individual other than yourself;
- the Idea is not unlawful, defamatory, obscene, discriminatory, harassing, misleading or otherwise objectionable, and does not contain malicious code; and
- if you are submitting the Idea in the course of your employment or engagement, or using your employer’s systems or resources, you have your employer’s authority to submit it and to grant the licence.
You will indemnify us against any loss, liability, damage, cost or expense (including reasonable legal fees) we incur arising out of your breach of this provision.
Ideas are provided “as is”
Each Idea is provided “as is” and “as available”, without warranty or condition of any kind, whether express, implied, statutory or otherwise, including any warranty of accuracy, completeness, merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law. We are not responsible for verifying any Idea and we do not endorse any Idea or the views expressed in it.
Similar and independently developed ideas
Your Idea may be similar or identical to material we already have, are already developing, or later develop or receive from others. Nothing in these Submission Terms restricts our ability to develop, acquire, license or publish anything, and you will have no claim against us on the basis that anything we publish or release resembles your Idea.
Personal data
The personal data you provide with your Idea (such as your name, email address and organisation) is handled in accordance with our Privacy Policy.
General provisions
Changes to these Submission Terms. We may amend these Submission Terms at any time by publishing the amended version on the Site. The version in force at the time you submit an Idea governs that Idea, and later amendments do not reduce the rights we obtained in Ideas already submitted.
Governing Law and Disputes. These Submission Terms are governed by the laws of the State of Georgia, USA, without regard to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Fulton County, Georgia, USA. To the maximum extent permitted by law, any dispute will be handled individually and not as a class action.
Assignment. We may transfer these Submission Terms and/or wholly or partially assign or transfer any of its rights and/or obligations under these Submission Terms to any third party without your prior written consent. These Submission Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
Miscellaneous Terms. All notices, consents and other communications hereunder shall be provided in writing and shall be delivered by email to the parties at the addresses set forth on or provided through the Site. Notices sent by email are considered delivered when sent, and both parties agree that any electronic communication will satisfy any legal requirement that such communication be in writing. These Submission Terms are the complete and exclusive agreement between you and us regarding its subject matter. These Submission Terms supersede all prior or contemporaneous agreements, proposals, understandings, and communications, whether written or oral, relating to the same subject. If any provision of these Submission Terms is held invalid or unenforceable, it will be severed and the remaining provisions will continue in full force. It is expressly agreed that nothing in these Submission Terms shall be construed to create or imply a partnership, joint venture, agency, fiduciary or confidential relationship or contract of employment. Any waiver of a provision of these Submission Terms or a party’s rights must be in writing and explicitly reference these Submission Terms to be effective. A party’s failure to enforce a provision or exercise a right does not waive that provision or right, and a waiver in one instance does not constitute a waiver for future instances. These Submission Terms are in English; any translation is provided for convenience only.