Vectorworks Community Board Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
Article I. Acceptance of Terms of Service
The following Terms of Service are a legal agreement between you, the “User”, whether you are a “Visitor” (a non-registered user, simply browsing the forum) or a “Member” (a registered user) and Vectorworks, Inc., governing the use of the Vectorworks, Community Board and its web-based forums, a.k.a. “Service” and/or “Site”.
By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and to comply with all applicable laws and regulations, including national and international export and re-export control laws and regulations.
If you do not agree to these terms, do not use this resource.
Article II. Modification of Terms and/or Service
Vectorworks, Inc. may at any time revise the Terms of Service by updating this posting. Vectorworks, Inc. may also make changes in the products and/or the services described with new features or enhance, delete or modify existing features of the current service, at any time, with or without prior notification. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Service to which you are bound.
Article III. Description of Service
Vectorworks, Inc. provides this web-based service as a user community peer-support resource. The forums are for free discussion and exchange of information, experiences and expertise with other users of
Vectorworks, Inc. products. You are not obligated to register in order to access the forums and read the postings. However, registration (via provision of a valid name, location, email address, username and password) and login are required in order to post to the forums, use the built-in search, and adjust user settings. Users are free to exchange advice amongst themselves, but should use discretion when receiving information from sources that are not formally sanctioned by Vectorworks, Inc.
This service is NOT a replacement for formal channels of technical support. There is no offer of formal technical support by Vectorworks, Inc. staff in this forum. Any responses provided by identified Vectorworks, Inc. staff are given without guarantee of technical completeness or assurance that advice will result in resolving any questions posted by users. Users who desire more formal technical support should contact the Vectorworks, Inc. Technical Support team via email, Tech@vectorworks.net, via web, http://www.vectorworks.net/support/help or via telephone, (443) 542-0411. International users may contact their local distributor which can be located at via the web, http://www.vectorworks.net/international/index
Article IV. Registration Data / Privacy / Security / Release of Information
You agree to provide Vectorworks, Inc. with complete and accurate registration information as requested and to update this information as required to keep it current. You agree to remain solely responsible for all such information including your choice of username, should it be considered an infringement on the copyright and/or trademark rights of any company, organization or individual. Registration information will be the true and actual information requested. Existing users will receive requests to update their profiles with more complete information. Fraudulent registration information will result in immediate removal of the User from the Vectorworks Community Board.
Vectorworks, Inc. will not disclose non-public, non-mandatory user registration information, unless compelled by law or forfeit of rights due to illegal action by the User.
Article V. Community Guidelines
User will acknowledge that the Community Guidelines, while under separate cover, are an integral component of the Terms of Service and are subject to the same privileges, constraints and actions that are contained within the Terms of Service.
By registering and posting on the Vectorworks Community Board, you are agreeing that you will both read and abide by the Community Guidelines and the Terms of Service.
Article VI. Moderators and Screening
Vectorworks, Inc. staff will administer, monitor and moderate the forums to ensure the Terms of Service guidelines are maintained.
Vectorworks, Inc. has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of Vectorworks, Inc. violates the Terms of Service, is prohibited content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person, or creates liability for Vectorworks, Inc., its suppliers, service providers, partner companies, or any User.
Article VII. Termination / Cancellation
Vectorworks, Inc. reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate any provisions of the Use Guidelines or the Terms of Service, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
Article VIII. Contributions
All contributions to the forum including text, graphics and files by anyone including Vectorworks, Inc. employees are in the public domain.
By uploading images or posting links to files on this forum, you warrant that you are the legal owner of the copyright to the images and have full legal rights to publish this material.
Article IX. Links / Advertising / Solicitation
The forums are primarily for peer-to-peer assistance on Vectorworks, Inc. products. Posting advertisements or solicitations not pertaining to the intended use and purpose of the forum is not permitted.
Vectorworks, Inc. is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Article X. Limitation of Liability / Disclaimer of Warranties and Damages
Your use of the Service is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Service or with these Terms of Service or other policies, your sole remedy is to discontinue use of the Service.
Vectorworks, Inc. SHALL NOT BE HELD RESPONSIBLE FOR ANY THIRD PARTY MATERIAL OR CONTRIBUTIONS. THE SERVICE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NNA AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. NNA AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Vectorworks, Inc. DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS.
IN NO EVENT WILL Vectorworks, Inc. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NNA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Article XI. Indemnity
You agree to defend, indemnify, and hold harmless Vectorworks, Inc., its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use or posting of Material or your breach of the terms of this Agreement (a "Claim"). In the event a Claim is brought against Vectorworks, Inc., Vectorworks, Inc. shall provide notice to you and shall have the right to retain counsel of its choosing to defend against such a Claim. You agree to reimburse Vectorworks, Inc. for any costs (including reasonable attorney fees) or damages awards incurred in association with such defense. Furthermore, you agree to cooperate in good faith to assist Vectorworks, Inc. in such defense and any settlement negotiations related thereto, and to reimburse Vectorworks, Inc. for reasonable settlement amounts if any.
All legal issues arising from or related to the use of the Service shall be construed in accordance with and determined by the laws of the State of Maryland, United States of America, without regard to its conflict of laws principles. By using this Service, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Service is the United States Fourth Circuit District Court for the Maryland District, or if such court lacks subject matter jurisdiction, the state courts of California encompassed within the geographic scope of the Maryland District. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" on particular web pages, this agreement and its referenced parts constitutes the entire agreement between you and Vectorworks, Inc. with respect to the use of Service.
Article XII. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Article XIII. Copyright Policy / Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
Content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material presented to you on the Vectorworks Community Board may be protected by copyrights, trademarks, or other intellectual property rights and laws. You may use this material only as expressly authorized by the owner of the material, and may not copy, transmit, or create derivative works of such content or information without express written authorization.
It is the policy of Vectorworks, Inc. to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Vectorworks, Inc. staff by the copyright owner or the copyright owner?s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Vectorworks Community Board or used in any way that constitutes copyright infringement, please provide Vectorworks, Inc. staff with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Vectorworks Community Board of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made 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.
Article XIV. Violations
Users should please report any violations of the Terms of Service to the administrator of the Vectorworks Community Board by selecting the “Notify” option from any user post.