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Hexagon Geospatial Community Terms of Service

by Community Manager on ‎10-10-2015 03:03 AM (1,629 Views)

Hexagon Geospatial Community Terms of Service

 

Your use of the Hexagon Geospatial Community (including, but not limited to forums, blogs, and idea exchange, knowledge base and other community modules as may be added to the Hexagon Geospatial Community) is governed by these Hexagon Geospatial Community Terms of Service, together with the Hexagon Geospatial Privacy Policy and Hexagon Geospatial Terms of Use (collectively, the "Terms"). The Terms describe the permitted and prohibited uses of Hexagon Geospatial Community, among other things. Your access or use of Hexagon Geospatial Community evidences your acceptance of the then-current version of the Terms, and any related rules and guidelines posted on Hexagon Geospatial branded web sites.

Hexagon Geospatial reserves the right to modify the Terms at any time, effective upon posting of the modified Terms on Hexagon Geospatial Community or, in the case of the Hexagon Geospatial Privacy Policy or the Hexagon Geospatial Terms of Use, on any other Hexagon Geospatial sponsored Web site. Hexagon Geospatial also reserves the right to apply, waive, or modify these Terms as they apply to a specific posting and user without affecting the application of these Terms to all other postings and users.

"Posting" means, but is not limited to, any text, links, images, communications, opinions, software, data, and any other content any person provides on Hexagon Geospatial Community, including, but not limited to message boards, chats, blogs, or otherwise. Your use of Hexagon Geospatial Community, or any materials or services accessible through it, after a Posting or notification regarding modifications to the Terms constitutes your acceptance of those modifications. Your violation of any of the Terms may result in the suspension or termination of your access or use of Hexagon Geospatial Community.

 

Participating in the Hexagon Geospatial Community 

The Hexagon Geospatial Community is intended to provide users with the opportunity to exchange useful and helpful information that is relevant to the Hexagon Geospatial business/product suite. All participants must be above the age of thirteen. We may edit or remove any posting we consider, in our sole discretion, to violate the Terms or be inappropriate for the Hexagon Geospatial Community for any reason.

 

Appropriate Conduct 

Users of the Hexagon Geospatial Community are responsible for exercising careful and appropriate judgment in evaluating and taking action based on other participants' postings on Hexagon Geospatial Community, since such postings may reflect significantly different levels of knowledge and experience by participants. Users of the Hexagon Geospatial Community agree that Hexagon Geospatial is not responsible for the accuracy of the content of the Hexagon Geospatial Community and will not be liable for any damages incurred as a result of their use of any such content. Participants may post hypertext links to content hosted and maintained by third parties. Hexagon Geospatial has no obligation to monitor these linked sites, and is not responsible for them. Accessing any such linked sites is done entirely at the user's own risk.

 

Posting to the Hexagon Geospatial Community 

Users of the Hexagon Geospatial Community agree not to upload, post, or otherwise transmit any content (including but not limited to text, links, communications, software, images, sounds, data, or other information) that includes any of the following inappropriate content:

  • Any personal information belonging either to the poster or another person, such as full name, address, phone number, personal email address, and trouble ticket repair numbers;
  • Spam, such as advertisements for other web sites and services, or other commercial solicitation; chain letters, or pyramid schemes;
  • Flood, such as excessive posting or padding posts;
  • Profanity; material that is libelous, fraudulent, unlawful, defamatory, pornographic, obscene, profane, abusive, offensive, threatening, hateful, or otherwise objectionable;
  • Discussion of illegal activities or providing links to other websites containing such information;
  • Discussions that veer off topic, are unrelated to resolving the issue at hand, or abuse any company or product.
  • Discussions of moderator actions on the boards. If you need to comment on a moderator action, please private message any administrator/moderator;
  • Material, the posting of which violates any party's copyright or other intellectual property rights;
  • Posting, publishing, uploading, reproducing, transmitting or distributing in any way any content belonging to Hexagon Geospatial, or derivative works with respect thereto;
  • Posting or transmitting any information or software containing a virus, worm, Trojan horse, or other damaging or destructive component;
  • Posting a link directing users to any information or content that, if posted on the Hexagon Geospatial Community, would constitute a violation of the Terms or of any State or Federal law;
  • "Bombing" the Hexagon Geospatial Community or individual threads with repetitive or meaningless postings, postings unrelated to the purpose of the Hexagon Geospatial Community, excessive cross-posting;
  • Attacks, including "Flaming" another user or entity in such a way as to incite or perpetuate an argument or conflict; creating usernames to attack other users' identities; impersonating other individuals or falsely representing one's identity or qualifications; posts made under secondary user names or other aliases for the purpose of either endorsing or denigrating others; posts that breach any participant's privacy by including name, address, phone, email address, or any other identifying information.
  • HexPoints abuse including soliciting others for HexPoints, or giving an excessive number of HexPoints to a specific user.

Please Note: Hexagon Geospatial reserves the right to remove any post it deems inappropriate.

 

Idea Exchange License

You grant to Hexagon Geospatial and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use any ideas, expression of ideas or other materials you submit (collectively, "Materials") to the Hexagon Geospatial Community without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Materials, and all rights therein, in the name of Hexagon Geospatial, or its designees throughout the universe in perpetuity in any and all media now or hereafter known.

The license shall also permit Hexagon Geospatial and its designees to use portions of the Materials you submit, rerecord or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by Hexagon Geospatial and its designees or licensed from third parties, with the Materials you submit. Any such works shall be deemed Materials owned by Hexagon Geospatial and shall not be subject to your approval or payment by Hexagon Geospatial of any compensation to you.

You agree that the Materials you submit: (i) are original with you and accurate, and (ii) do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including U.S. export control and economic sanctions laws and regulations as well as any right of publicity, right of privacy or any other proprietary right.

You acknowledge and agree that the relationship between you and Hexagon Geospatial is not a confidential, fiduciary, or other special relationship. We shall have the right, but not the obligation, to use your name, likeness, biography and other information about you in connection with any use of the Materials you submit.

By making a submission, you acknowledge and agree that Hexagon Geospatial and its designees may create on their own or obtain many submissions that may be similar or identical to the Materials you submit through Hexagon Geospatial Community or other channels and means. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that the Materials accepted, reviewed and/or used by Hexagon Geospatial and its designees may be similar to your Materials.

 

Registration Requirements

While registration is not required to read postings on the Hexagon Geospatial Community, users must register an account with Hexagon Geospatial in order to post to the Hexagon Geospatial Community. Hexagon Geospatial may refuse to grant you, and you may not use, a user name that is already being used by someone else, belongs to or impersonates another person, violates the intellectual property or other rights of any person (including but not limited to trademark rights), is offensive, or that Hexagon Geospatial rejects for any other reason in its sole discretion. Participants agree that all information provided in a profile is accurate, up to date, and complete, and that it will be kept updated. Hexagon Geospatial may terminate your account if any of the information provided is found to be inaccurate, out of date, or incomplete.

 

Privacy Concerns

Hexagon Geospatial discourages users from posting personally identifiable information in the Hexagon Geospatial Community. Any information posted on the Hexagon Geospatial Community is at the user's own risk. Hexagon Geospatial respects and protects the privacy of our customers and those who use our Web sites, and the Hexagon Geospatial Privacy Policy provides details of our approach to privacy and how we collect, use and protect personal information. But information posted on the Hexagon Geospatial Community is not protected and can be easily obtained and used by others.

 

Moderators 

Hexagon Geospatial reserves the right to manage the postings on the Hexagon Geospatial Community to provide an orderly presentation of this information. To effectively manage the Hexagon Geospatial Community, Hexagon Geospatial may designate employees or others to act as moderators and administrators for the Hexagon Geospatial Community ("Moderators"). These Moderators are the only representatives of Hexagon Geospatial authorized to manage the Hexagon Geospatial Community. Any Hexagon Geospatial employees who are not designated as Moderators or Employees are not authorized to represent themselves on the Hexagon Geospatial Community as Hexagon Geospatial employees. Authorized Hexagon Geospatial Employees are distinguished by the Rank of "Employee" and/or an official Hexagon Geospatial logo as an Avatar. Hexagon Geospatial is not responsible for content provided by any Hexagon Geospatial employee who is not designated as a Moderator or an Employee.

 

Community Monitoring 

Users are asked to help Hexagon Geospatial keep the Hexagon Geospatial Community a valuable and enjoyable information resource for all participants by notifying us of any offending messages or other violations of these Terms. To advise us of such a posting, click the confidential "Report Inappropriate Content" link on the applicable post. Repeat offenders will be contacted by email and eventually banned from the Hexagon Geospatial Community. If violations are egregious in nature, we will contact the appropriate authorities.

 

Modification and discontinuance of the Hexagon Geospatial Community

Hexagon Geospatial reserves the right at any time to delete, modify, suspend, or discontinue, temporarily or permanently, the Hexagon Geospatial Community (or any part of the Hexagon Geospatial Community, including any postings) with or without notice. Users agree that Hexagon Geospatial will not be liable to users or third parties for any modification, suspension, or discontinuance of the Hexagon Geospatial Community.

 

Termination

A user's privilege to utilize or access the Hexagon Geospatial Community may be terminated by Hexagon Geospatial immediately and without notice if the user fails to comply with any term or condition of the Terms. Upon such termination, the user must immediately cease accessing or utilizing the Hexagon Geospatial Community and agree not to re-register or otherwise make use of the Hexagon Geospatial Community. Furthermore, the user acknowledges that Hexagon Geospatial reserves the right to take action -- technical, legal, or otherwise -- to block, nullify, or deny the user's ability to access the Hexagon Geospatial Community. The user understands that Hexagon Geospatial may exercise this right in its sole discretion.

 

Disclaimer of Warranties and Limitation of Liability 

MOST OF THE CONTENT POSTED TO THE HEXAGON GEOSPATIAL COMMUNITY IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH HEXAGON GEOSPATIAL. THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. THE USER AGREES THAT HEXAGON GEOSPATIAL DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR, THIS THIRD-PARTY CONTENT. ADDITIONALLY, THE USER AGREES THAT HEXAGON GEOSPATIAL IS NOT LIABLE FOR, AND THE USER SHALL INDEMNIFY AND HOLD HEXAGON GEOSPATIAL, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH HEXAGON GEOSPATIAL COMMUNITY, USE OF HEXAGON GEOSPATIAL COMMUNITY, VIOLATION OF THE TERMS OR VIOLATION OF ANY RIGHTS OF ANOTHER. THE CONTENT ON HEXAGON GEOSPATIAL COMMUNITY IS "AS IS" AND CARRIES NO WARRANTIES. HEXAGON GEOSPATIAL DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON HEXAGON GEOSPATIAL COMMUNITY, REGARDLESS OF WHO ORIGINATES THAT CONTENT. HEXAGON GEOSPATIAL DOES NOT WARRANT THAT HEXAGON GEOSPATIAL COMMUNITY IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. HEXAGON GEOSPATIAL IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM HEXAGON GEOSPATIAL COMMUNITY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEXAGON GEOSPATIAL AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF HEXAGON GEOSPATIAL OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN HEXAGON GEOSPATIAL AND THE USER.

 

Miscellaneous

The Terms are a complete statement of the agreement between you and Hexagon Geospatial, and set forth the entire liability of Hexagon Geospatial and your exclusive remedy with respect to your access and use of the Hexagon Geospatial Community. In the event of a conflict between these the Hexagon Geospatial Community Terms of Service and either the Hexagon Geospatial Privacy Policy or the Hexagon Geospatial Terms of Use applicable to Hexagon Geospatial, these Terms of Service will prevail. The agents and employees of Hexagon Geospatial (including Moderators and the Community Manager) are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Hexagon Geospatial. Any waiver of the Terms by Hexagon Geospatial must be in  writing signed by an authorized officer of Hexagon Geospatial and expressly referencing the applicable provisions of the Terms. Your privilege to use or access the Hexagon Geospatial Community may be terminated by Hexagon Geospatial immediately and without notice if you fail to comply with any of the Terms. Upon such a termination, you must immediately cease accessing or using the Hexagon Geospatial Community. If any provision of the Terms is invalid or unenforceable under applicable law, then it is to be, to that extent, deemed omitted, and the remaining provisions will continue in full force. The Terms do not limit any rights that Hexagon Geospatial may have under trade secret, trademark, copyright, patent, or other laws.

 

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