Worksoft Community Site – Terms of Service

IMPORTANT -- PLEASE READ : These Terms of Service and Worksoft’s Privacy Policy govern your use of the Worksoft Community site including all blogs, wikis and forums therein (“Community”).

These Terms of Service describe the proper conduct and prohibited uses of the Community. Worksoft reserves the right to modify them at any time, effective upon posting of the modified terms on Community. By registering as a user or by using the Community, you agree to abide by these terms. Any violation of these terms may result in the suspension or termination of your right to access Community. You may not use Community if you do not agree to these terms. Worksoft may terminate your access to Community at any time and for any reason, without notice. You agree that Worksoft shall not be liable to you or any third-party for any termination or limitation of your access to or use of Community or any content.

These Terms of Service are in addition to and not in lieu of Worksoft’s Privacy Policy. In the event of an express conflict between the Worksoft Privacy Policy and these Terms of Service, these Terms of Service shall control.

Permissible Uses
Community is a valuable place for Worksoft customers and parties interested in Worksoft products and solutions to exchange information, ideas and learn from one another. Like any online community, Community is most valuable when everyone follows certain basic guidelines and rules of conduct. The Community Terms of Service set forth these rules and guidelines so that you know what is expected of you and what you can expect from other participants when using Community. Use of Community is limited to participants aged 18 and over. Community is an English language forum geared towards users of Worksoft products and services.

Use of Community is governed by Texas state and federal United States of America law. Non-United States users are welcome to use Community, but should be aware that Community administrators are based in the United States, are not trained to assist foreign language customers currently and that some of the advice provided may not be intended for their use, and thus may not be helpful or relevant to such customers.

Registration
You are not obligated to register in order to gain general access to Community in order to read the Blogs and Wikis. However, registration (via provision of a valid email address, screen name, password, date of birth, company name) and login are required in order to post to the Community and to comment on Blogs, Wikis and Forums. Worksoft will handle all information received from you in accordance with Worksoft's Privacy Policy.

After registering, you will have the opportunity to complete a more in depth profile. Please keep in mind when choosing a screen name and filling out your profile that whenever you post a comment, question or response your screen name and a link to your profile and online status, will automatically appear with your post.

We may refuse to grant you, and you may not use, a screen name (or email address) that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.

In consideration of your use of Community, you agree that all information provided in your profile is accurate, true, current and complete. Worksoft may terminate your account if any of the information provided is found to be inaccurate, false, out of date or incomplete.

Worksoft Community Administrators
Worksoft provides administrators for Community who may provide answers to some questions. Only the Worksoft administrators are authorized representatives of Worksoft on Community. Worksoft employees who are not assigned as administrators are not authorized to represent themselves on Community as Worksoft employees, and do not provide official Worksoft responses to questions. Worksoft is not responsible for content provided by any Worksoft employee who is not designated as a Worksoft administrator.

Although Community is operated by Worksoft employees;, it is intended as a way for visitors to get answers from other visitors, and not always get answers from Worksoft. You agree that postings and private messages do not constitute notice to Worksoft for any legal purposes. Community is not a substitute for contacting Worksoft support. If you need to contact Worksoft support, please do so by phone or email. Customers can contact Worksoft Support by starting at: http://www.worksoft.com/support/.

Linking to other Sites and Content
Community permits users to post hypertext links to content hosted and maintained by third parties. Although linked sites are not generally reviewed by administrators, links are subject to treatment like any other type of content posted to Community. You may not include a link in Community that directs users to any content or information that, if posted in Community, would constitute a violation of these Terms of Service.

The linked sites are not moderated by Worksoft, are not under Worksoft's control and your access to any linked site is at your own risk. You should use your own judgment before you use any link or access any linked site. When leaving Community by using any link provided by a user, you should be aware that Worksoft's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. If you access a linked site and find that materials to be in violation of these Terms of Service, you may report the link as described below.

Worksoft makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from Community. The ability to include links is provided only as a convenience to you, and the inclusion of any link by a user of Community does not imply affiliation, endorsement, or adoption by Worksoft of the linked site or any information contained therein.

Enforcement
Worksoft generally does not pre-screen, verify or edit the content posted by users in Community. However, Worksoft and its agents reserve the right to investigate any violation of the Worksoft Website Terms of Use and these Community Terms of Service and to take appropriate remedial action. Worksoft has absolute discretion to enforce the terms of these documents, including, but not limited to warning users of violations, disabling or suspending private message privileges and/or Community access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms of Service, including the Rules of Conduct, or which is otherwise inappropriate for Community, harmful, objectionable, or inaccurate. If it is deemed necessary to delete content for violation of the Terms of Service, the entire thread, including the original post and all replies, may be deleted. Worksoft administrators generally will not edit users' posts to remove content; however, at their sole discretion, they may request that a user edit a post to delete the objectionable content and resubmit it.

Worksoft also may release information concerning your use of Community (including posted content, registration information, and network records) when Worksoft believes release is necessary or appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply Worksoft's Terms of Service; to protect Worksoft's rights or property, or to protect Worksoft's users from fraudulent, abusive, or unlawful use of Community; or if Worksoft reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

Deliberate attempts by you or someone on your behalf to evade or circumvent your suspension or termination of your rights to use Community violates these Terms of Service, constitutes an unlawful trespass to Worksoft's equipment and systems, and may result in legal action.

To report violations of the Community Terms of Service, please write to the Community Moderator at community@worksoft.com. Please include the Blog, Wiki or Forum name, the post's subject, the post author screen name, the link of the post in question and any other applicable information in your email.

License
In the event you post, upload or otherwise provide software, code, feedback, suggestions, content, data, ideas, expression of ideas or other materials to, in or through Community (collectively, “Materials”), you grant to Worksoft a perpetual, worldwide, irrevocable, non-exclusive, unlimited, and royalty-free license and right to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form medium, or technology now known or later developed.

Rules of Conduct
By participating in Community, including the posting of content and sending of private messages, you agree that you will not upload, post, or otherwise transmit any content (including, without limitation, text, links, communications, software, images, sounds, data, or other information) that:

Is not consistent with the permissible uses outlined by the Terms of Service, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party. If you believe that your work has is being infringed on Community in any way without your permission, please provide the following information to the Community moderator: community@worksoft.com. Your notice must contain the following:

Your electronic or physical signature;
A description of the work you claim has been infringed;
Identification of the work you claim infringes the copyrighted work and a description of where it is located on Community;
Your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Constitutes advertising or promotion, junk mail, "spamming," chain letters, or any other form of unauthorized solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by Worksoft in its sole discretion;
Contains software viruses, Trojan horses, worms, time bombs, bots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
Provides any non-public information about Worksoft or any other company or person without the proper authorization to do so. This includes providing the names and extension numbers of Worksoft employees and Community participants;
Intentionally interferes with the operation of Community or with a fellow user's message box, without limitation, mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
Impersonates any person or entity, including a Worksoft employee or forges any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
Attacks or insults another Community user or Administrator / Moderator;
Suggests or encourages illegal activity. Do not use the Community (including private messages) in any manner that violates federal or state antitrust laws or other laws regarding competition or trade. Do not discuss or use Community to bring about, or attempt to bring about, any understanding or agreement among and between actual or potential competitors with regard to prices, terms or conditions of sale, distribution, volume of production, sales territories, customers, credit terms, or marketing practices. Do not post any information concerning bids or intentions to bid for particular opportunities, market shares, salaries, costs, profit margins, or any other topic which could have an adverse impact on competition or trade or could violate applicable laws and regulations. In addition, do not use Community to solicit, encourage or agree with others to refrain from purchasing any materials, product, services or other supplies from any supplier or vendor or from dealing with any supplier or vendor; or
Violates U.S. export law, including, without limitation, the Export Administration Act and Export Regulations maintained by the Department of Commerce.

Trademarks
Any trademarks, service marks and similar rights that are mentioned, used or cited by Worksoft are the property of their respective owners. Their use in Community does not imply that you may use them for any other purpose other than for the same or a similar informational use as contemplated by the original authors. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of Worksoft or the applicable holder. Ownership of all such marks and the goodwill associated therewith remains with Worksoft or the applicable holder. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Worksoft.

Additional Guidelines
These Guidelines are intended to set the Community's tone and visitor expectations, in order to improve the Community experience.

Do not reveal information that you do not want to make public. Any personal information that you post can be obtained and used by others, including governmental authorities. Anything you post in Community, you post at your own risk. Remember, all posted information and profiles are public information and are not protected by Worksoft’s Privacy Policy.

You use Community at your own risk. In any online forum like Worksoft's Community, it is not possible to be sure that other users are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated.

Please refrain from posting where you do not know the answer. Incorrect, misleading or incomplete responses do not help other users. Please feel free to respond to any post where you know the answer. Community users should be able to trust that they will get good answers. Please help build and maintain that trust.

Community administrators do not respond to every post. Community is a place for users to help users. Community administrators will review and respond at their discretion. If you need to contact Worksoft support, please do so by phone or email. You can contact Worksoft Support by starting at: http://www.worksoft.com/support/.

Be respectful of other users. Some Community users are new to computing and may not have extensive knowledge of computers and their use. Belittling or insulting remarks are not conducive to the creation of a strong online community.

Disclaimer of Warranties and Limitation of Liability
You hereby agree to indemnify, release and hold harmless Worksoft and its affiliated and subsidiary entities (the “Worksoft Entities") with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of the Materials you submit, post, transmit or make available on or through Community (including any private messages), the use of such Materials for any purpose, your use of Community, your violation of Worksoft’s Terms of Service, or the violation by you or the Worksoft Entities of yours or any third party’s rights including, without limitation, intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability, direct or indirect, vicarious, contributory, or otherwise. THIS INDEMNIFICATION SHALL BE ENFORCEABLE REGARDLESS OF WHETHER ANY OF THE WORKSOFT ENTITIES ARE ALLEGED OR SHOWN TO BE NEGLIGENT IN ANY WAY.

Community is not a substitute for contacting Worksoft support. If you need to contact Worksoft support, please do so by using the contact information provided above.

COMMUNITY AND ALL MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH COMMUNITY ARE PROVIDED BY WORKSOFT ON AN "AS IS" AND "AS AVAILABLE" BASIS. WORKSOFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF COMMUNITY OR THE MATERIALS MADE AVAILABLE TO YOU THROUGH COMMUNITY, YOU EXPRESSLY AGREE THAT YOUR USE OF COMMUNITY IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WORKSOFT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WORKSOFT DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY MATERIALS ON COMMUNITY, REGARDLESS OF WHO ORIGINATES THOSE MATERIALS. FURTHER WORKSOFT DOES NOT WARRANT THAT THE MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH COMMUNITY ARE COMPATIBLE WITH YOUR SYSTEMS, SOFTWARE OR NETWORK OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIALS ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF COMMUNITY ARE USED AT YOUR OWN DISCRETION AND RISK. WORKSOFT SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIALS.

WORKSOFT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER ARISING IN OR RELATING TO AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING FROM THE USE OF COMMUNITY OR FROM ANY MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH COMMUNITY, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, AND DAMAGES ARISING FROM LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, AND BUSINESS INTERRUPTION, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF WORKSOFT HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Worksoft may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Worksoft’s liability shall be disclaimed or limited to the extent permitted under such applicable law.

Governing Law and Venue
THESE TERMS OF SERVICE SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND ITS VALIDITY, CONSTRUCTION AND EFFECT SHALL BE GOVERNED BY AND ENFORCED PURSUANT TO THE SUBSTANTIVE LAWS OF THE STATE OF TEXAS. THE PARTIES AGREE THAT ALL LEGAL PROCEEDINGS IN CONNECTION WITH THE ENFORCEMENT, CONSTRUCTION, INTERPRETATION, BREACH OR VIOLATION OF THESE TERMS OF SERVICE SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN DALLAS COUNTY, TEXAS AND THAT JURISDICTION AND VENUE ARE PROPER IN SUCH COURTS.

General
These Terms of Service are the entire and exclusive agreement between you and Worksoft with regard to the subject matter covered by these Terms of Service. If Worksoft fails to exercise or enforce any right or provision of these Terms of Service, Worksoft shall not be deemed to waive such right or provision. If a court holds any provision of these Terms of Service to be invalid, the court shall, to the fullest extent permitted by law, reform such provision to give effect to the intentions of Worksoft and you as reflected in the provision, and the other provisions of these Terms of Service will remain in full force and effect. No joint venture, partnership, employment or agency relationship whatsoever exists between you and Worksoft. You agree not to hold yourself out as a representative, agent or employee of Worksoft. These Terms of Service shall remain in full force and effect after any termination of your use of Community. You may not assign or transfer these Terms of Service, but Worksoft may assign these Terms of Service without restriction. Any and all rights not expressly granted herein by Worksoft are reserved.