Terms & Conditions - xViz CommunityEffective : 3rd August 2019
This website https://community.xviz.com (‘Website’) allows you (“You” or “Your“) and other software experts, developers, users, and other interested parties (each, a “User” and collectively, “Users“) to engage in a variety of activities, such as find information, or research SAP and related software and services, share information with xViz LLC(“XVIZ”)and third parties, post comments, blog, provide reviews, vote on prospective features, and engage in conversations and activities related to xViz. The Websites also include information created and published by XVIZ (“XVIZ Materials”) and third parties (“User Content”), such as text, images, photographs, graphics, audio and video, data, code, and software (collectively, the XVIZ Materials and User Content are referred to as “Content”).
- ACCEPTANCE OF TERMS
XVIZ may modify the TOU to reflect changes in XVIZ’s business, applicable law, or for other reasons deemed necessary by XVIZ. If the terms of the TOU change, XVIZ will provide notice, which may include, but is not limited to notice provided through this Website or a user account. Except where prohibited by law, updates to the TOU will apply once the changes have been posted or notice has otherwise been given. Changes to the TOU will, however, not apply retroactively. If You do not agree to changes made to the TOU, You must discontinue Your use of the affected this Website, XVIZ Materials, or User Content.
- USER CONTENT/LICENSE TO XVIZ
XVIZ does not claim ownership of User Content that You post, upload, input or submit to this Website or any XVIZ related website. By posting, transmitting or uploading any User Content, including any article, information, data, code, text, software, documentation, graphic, image, marketing material, video, photograph, message, suggestion, feedback, idea, or posting to any forum, wiki, or blog on this Website or any XVIZ related website, You grant to XVIZ a perpetual, irrevocable (subject to mandatory data protection requirements), non-exclusive, world-wide, fully-paid up and royalty free license to use such User Content 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. This license includes, without limitation, the irrevocable (subject to mandatory data protection requirements) right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and provide the User Content to third parties; to make, have made, offer to sell, sell, lease, or otherwise distribute any User Content or product; and to practice any method, embodying such User Content (including the right to sublicense any of the foregoing).
Opinions, advice and all other information expressed here by our members are their own. You rely on such information at Your own risk. All members are urged to verify and validate any and all information provided here and not rely solely on the advice or opinions given in the discussions.
You represent and warrant to XVIZ that You have the right, title, and/or authority to grant such license to XVIZ. XVIZ may elect not to post or publish User Content that You submit. If XVIZ elects to post or publish Your User Content, XVIZ may in its sole discretion withdraw the posted or published User Content for any reason and without notice even if XVIZ has previously indicated to You that XVIZ might or will post the User Content You have submitted.
You acknowledge and agree that the relationship between You and XVIZ is not a confidential, fiduciary, or other special relationship. XVIZ shall have the right, but not the obligation, to use Your name, likeness, biography and other information about You that You have provided in connection with any use of the User Content You submit, and XVIZ may continue to use this information after any termination of Your account or Your access to the XVIZ related websites for the purpose of identifying the source of User Content that You previously submitted. Nothing in this TOU shall prohibit or restrict XVIZ’s right to create or obtain User Content or submissions similar to or competitive with the User Content that You have submitted.
- PERMISSIBLE USE OF THIS WEBSITE AND ANY XVIZ RELATED WEBSITES AND CONTENT
The XVIZ related websites, the XVIZ Materials, and the User Content are for Your non-commercial use, that is, Your use must not be intended for or directed towards commercial advantage or monetary compensation. You may not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell the XVIZ related websites, XVIZ Materials, or User Content. You may, however, download, store, and display on Your computer or other electronic device, solely to view, listen to, play and print XVIZ Materials and User Content; provided that: (a) the XVIZ Materials and User Content may only be used for informational, non-commercial purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any manner or media; and (b) the XVIZ Materials and User Content may not be modified or altered in any way, including any copyright notices.
You may not use this Website or any XVIZ related websites in any manner that could damage, disable, overburden, or impair any XVIZ server, or the network(s) connected to any XVIZ server, or interfere with any other party’s use and enjoyment of this Website or any XVIZ related website. You may not attempt to gain unauthorized access to this Website or any XVIZ related website, other accounts, computer systems or networks connected to any XVIZ server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website or any XVIZ related websites.
You agree not to use this Website or any XVIZ related websites to:
- publish, upload, post, email, transmit or otherwise make available any User Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
- defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity or business integrity;
- impersonate any person or entity, including, but not limited to, an XVIZ official, XVIZ employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- forge email headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through this website or any XVIZ related websites;
- download any file or User Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
- interfere with or disrupt the servers, or networks which support this Website or any XVIZ related websites, or disobey any requirements, procedures, policies or regulations of networks connected to this Website or any XVIZ related websites;
- violate any applicable local, state, national or international law and any regulations;
- harvest, collect, or store personal information or data of other users.
- TERMINATION OF USE
XVIZ may, in its sole discretion, at any time discontinue providing or limit access to this Website or any XVIZ related website or any areas of this Website or XVIZ related websites, or any XVIZ Materials or User Content provided on or through this Website or XVIZ related websites. You agree that XVIZ may, in its sole discretion, at any time, terminate or limit Your access to, or use of, any or all of this Website or XVIZ related websites or any XVIZ Material or User Content. In the event You are in material breach of the TOU, XVIZ may, at its sole discretion, suspend or terminate Your account, delete Your Content from this Website or XVIZ related websites, and refuse You any current or future use of this Website or XVIZ related websites without notice. XVIZ shall not be liable to You or any third party for any such suspension or termination.
If You wish to terminate Your account, you may do so by submitting Your request via email to firstname.lastname@example.org. Please note that if You elect to terminate Your account, XVIZ has the right and may elect to continue to post and publish on the Websites personally identifying information associated with User Content that You have posted.
- XVIZ CONTACT
XVIZ is not obligated to evaluate or provide any comments to You regarding User Content that You submit. At XVIZ’s sole discretion, XVIZ may contact You with critiques, updates, feedback, status or questions regarding your submission. In no event will any such contact or communication from XVIZ obligate XVIZ to adopt Your submission, provide a timeframe for evaluation, or even provide any additional communication regarding Your submission.
- CONFIDENTIAL INFORMATION
This Website is intended to be public forums, and You agree not to provide XVIZ or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Any User Content that You send or upload to this Website will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such User Content.
- You agree not to reproduce any Confidential Information to which You are provided access through this Website or XVIZ related websites in any form except as authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of XVIZ or the third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (c) not to disclose any Confidential Information to any party without the prior written consent of XVIZ or the third party that has prepared such information. You do not acquire any rights in Confidential Information except the limited rights as described herein. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the XVIZ Software or this Website or XVIZ related websites, or compete with XVIZ Software or this Website or XVIZ related websites in whole or in part. As used herein, ‘Confidential Information’ shall mean all trade secrets, intellectual property rights, and other information XVIZ or third parties protect against unrestricted disclosure to others which is (i) either labelled Confidential and accessed through a restricted or non-public area of this Website or XVIZ related websites or (ii) reasonably identifiable as confidential based on the type of information and the manner of its disclosure. As used herein ‘reasonable steps’ means those steps You and/or Your Company take to protect Your Own Confidential Information, which shall not be less than the industry standard of care.
ALL USER CONTENT POSTED BY YOU TO THIS WEBSITE OR XVIZ RELATED WEBSITE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK, AND XVIZ TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF THIS WEBSITE OR XVIZ RELATED WEBSITE.
- YOUR INFORMATION, PRIVACY, AND DATA PROTECTION
Before You can use this Website, You have to register with XVIZ and provide XVIZ with certain information, which may include personally identifiable information, such as Your name and Your email address, company (“Personal Data”). By providing XVIZ with Personal Data, You expressly agree that XVIZ may collect, use, store and otherwise process Your Personal Data for the purpose of providing You with access to the Websites and related activities and communications in which You agree to participate.
You are responsible for and agree to provide XVIZ with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, You may request information about Your Personal Data stored with XVIZ, or the correction, or deletion of Your Personal Data by contacting email@example.com. Please note that if You request the deletion of Your account or Personal Data, You might not be able to further access and use this Website or XVIZ related websites and your User Content.
You are solely responsible for usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time. You understand and agree that XVIZ collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing this Website and XVIZ related website subject to XVIZ’s Privacy Statement.
- INTELLECTUAL PROPERTY RIGHTS
As used herein, ‘Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All Intellectual Proprietary Rights to this Website and XVIZ related website, XVIZ Materials, and User Content belongs to XVIZ or the individual or entity that submitted it. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, this Website and XVIZ related website, any XVIZ Materials, or any User Content for any reason, unless otherwise expressly permitted by the TOU or by law. You hereby agree to assign and do assign to XVIZ (and XVIZ accepts such assignment) any modifications or derivative works of this Website and XVIZ related website, and XVIZ Materials made by You in contravention of this limitation without remuneration of any kind.
- RESPONSIBILITY FOR CONTENT AND LINKS
XVIZ IS ONLY RESPONSIBLE OR LIABLE FOR THE CONTENT POSTED BY XVIZ ON THIS WEBSITE AND ANY XVIZ RELATED WEBSITE. TO THE EXTENT REQUIRED BY THE APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CONTENT SHALL BE AT YOUR OWN RISK. Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content. XVIZ does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any Content provided by third parties on this Website and XVIZ related website. XVIZ may remove any Content posted on this Website and XVIZ related website at XVIZ’s sole discretion, but, if You believe that material that You hold the copyright on is being infringed upon on this Website and XVIZ related website, please notify XVIZ.
This Website may contain links to external websites. XVIZ shall not be responsible for the contents of any linked website, or any changes or updates to such websites. Additionally, XVIZ shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any software, content, goods or services available on or through any such linked website. XVIZ does not control and/or review the linked web-pages and the information provided by third parties.
You agree to indemnify and hold XVIZ, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your User Content or Your usage of this Website and XVIZ related website , Your breach of this TOU, any additional legal terms, or XVIZ’s Privacy Statement, Your unauthorized use of any XVIZ-owned Intellectual Property, or Your alleged violation of any other rights of a third party.
- EXCLUSION OF WARRANTIES
This Website and XVIZ related website and Content are being provided to You “AS IS”. To the fullest extent allowable by law, XVIZ does not guarantee or warrant any features or qualities of this Website and XVIZ related website or Content, or give any undertaking with regard to any other quality. Statements and explanations on this Website and XVIZ related website and Content in promotional material or on this Website and XVIZ related website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published XVIZ description of or advertisement except to the extent XVIZ has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of XVIZ’s management.
- LIMITATION OF LIABILITY
XVIZ will not be liable or responsible in any way for any User Content posted on or linked from this Website and XVIZ related website, 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 or other material accessed on or through this Website and XVIZ related website and made available by a third party.
- APPLICABLE LAW
The laws of Texas, USA will govern this TOU without giving effect to any principles of conflicts of laws. To the extent possible under applicable law, venue for all disputes about this TOU shall be Plano, TX.
Your confidentiality obligations hereunder shall survive termination of Your account. Upon any termination of Your account, or XVIZ’s written request, You must cease use of Confidential Information, and/or this Website and XVIZ related website, and return or destroy all Confidential Information in Your possession or control.
- WAIVER AND SEVERABILITY
The failure of XVIZ to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
- ENTIRE AGREEMENT
The TOU represents the entire arrangement between the Parties in respect of its subject matter and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.
- EXPORT CONTROL
IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES AND OF THE COUNTRY FROM WHICH YOU ARE ACCESSING THIS WEBSITE AND ANY XVIZ RELATED WEBSITE.