Newforma USER FORUM RULES
PLEASE READ THESE RULES CAREFULLY. BY USING THE USER FORUM AVAILABLE ON NEWFORMANT.COM OR ANY OTHER SERVICES ON THAT SITE (THE “FORUM”), YOU INDICATE YOUR ACCEPTANCE OF THESE RULES. IF YOU DO NOT ACCEPT THESE RULES, THEN DO NOT CLICK “I AGREE” AND DO NOT USE THE FORUM. YOU AGREE TO COMPLY IN ALL RESPECTS WITH THESE RULES AND ANY OTHER TERMS AND CONDITIONS OF USE SET FORTH ON THIS OR OTHER NEWFORMA WEB SITES.
Welcome to Newformant, an online community for Newforma users! Newforma, Inc. (“Newforma”) offers its Newformant Forum to users of Newforma’s software and the general public with interest in Newforma’s products and services. The Forum is a free discussion place where you can exchange information with other users, provide feedback to Newforma, and discuss the latest developments in the AEC industry. The Forum was launched so that our users and potential users have the possibility to interact and exchange their experiences regarding Newforma's products and services. The Forum is an English language forum.
Registration
You are not obligated to register in order to access the Forum(s) and read the message boards. However, registration (via provision of a valid email address, user name and password) and login are required in order to post to the message boards and adjust user settings. Newforma will handle all information received from you in accordance with the Newforma Privacy Policybut does reserve the right to release information as set forth therein and below. When you register, you will also be asked to enter some personal information. Please keep in mind when choosing a user name and filling out your profile that whenever you post to a message board your user name, and a link to your profile and online status, will appear when you are on the Forum. Your profile may display historical information such as “joined”, “last visit” or number of posts. Newforma may refuse to grant you, and you may not use, a user 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 Newforma rejects for any other reason at our sole discretion. In consideration of your use of the Forum, you agree that all information provided in your profile is accurate, true, current and complete.
Your Rights to Use the Forum
Your right to use the Forum is limited in scope, revocable, personal, non-transferable and non-exclusive. Provided that you comply at all times with the terms of these Rules, and subject to the limitations set forth herein, Newforma will provide you with an online service, accessible using standard Internet browsers, that allows members to set up unique personal profiles and exchange messages with other users of the Forum.
We expect the Forum will change significantly over time and, as a result, Newforma may update the terms and conditions of these Rules by posting updates on Newforma’s web sites.
Ownership of the Forum
The Forum and the content therein, to the extent provided by Newforma, is the property of Newforma and its affiliates (collectively, “us”, “we” or “Newforma”) and our licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Newforma” is the registered trademark of Newforma and “Newformant” and the Newforma logo are trademarks of Newforma, Inc. under the applicable laws of the United States and other countries. Except where expressly indicated in the Forum, all product or service names or logos appearing in the Forum are our trademarks or registered trademarks. The absence of a trademark designation with respect to a product or service name or logo does not constitute a waiver of our trademark or other intellectual property rights concerning that name or logo.
FORUM RULES, Terms of USE, Privacy Policy and Other Policies
Your use of the Forum is governed at all times by these Rules, Newforma’s Privacy Policy, Newforma’s Terms and Conditions of Use, as well as any other policies that we may publish from time to time. BY REGISTERING FOR THE FORUM AND AGREEING TO THESE TERM AND CONDITIONS, YOU EXPRESSLY AGREE TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION THAT YOU POST TO THE FORUM. You agree to permit us or our representatives to access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Forum.
TERMINATION
We reserve the right to terminate your password, your account, or your use of the Forum immediately, with or without notice to you, and without liability of Newforma, if Newforma believes that you have violated these Rules or any other Newforma policy, furnished us with false or misleading information, or interfered with use of Newformant by other users.
Your Content, Profile and Usage Information
Newforma does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Forum. After posting your Content to the Forum, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Forum, you hereby grant to Newforma a non-exclusive, fully-paid, royalty-free, perpetual, worldwide, license to use, copy, modify, publicly perform, publicly display, reproduce, create derivative works from, transmit and distribute such Content on and through the Forum or in Newforma’s products and servicesor in any other manner or medium for any purpose that Newforma chooses. In connection with the exercise of these rights, you grant Newforma the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Newforma deems appropriate. You will not receive any compensation of any kind for the use of any materials submitted or posted by you.
You further grant Newforma a non-exclusive, royalty-free, perpetual right to use the profile information you provide to the Forum, and all other information regarding your use of the Forum, for any lawful purpose, including without limitation for marketing and advertising purposes.
You are solely responsible for the Content that you post on or through the Forum, any material or information that you transmit to others, and your interactions with others. You represent and warrant that: (i) you own the Content posted by you on or through the Forum or otherwise have the right to grant the license set forth in this section, (ii) the Content is not defamatory and does not constitute an invasion of privacy; and (iii) the posting of your Content on or through the Forum does not violate the privacy rights, publicity rights or contract rights of any person, does not infringe or misappropriate the copyrights, trademarks or other intellectual property rights of any person, and does notviolate any applicable law or regulation. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the Forum.
Unacceptable Content and Conduct
You agree to not use the Forum to:
· intentionally or unintentionally violate any applicable local, state, national or international law;
· upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
· “stalk” or otherwise harass another person or harm any persons or entities in any way;
· impersonate any person or entity, including, but not limited to, a Newforma official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Forum;
· upload, post, email, transmit or otherwise make available any content that you do not have a right to make available;
· make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
· make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are designated for such purpose;
· interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Forum, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”;
· access content or data not intended for you, or log onto a server or account that you are not authorized to access;
· attempt to probe, scan or test the vulnerability of the Forum or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Forum or servers or networks connected to the Forum, or disobey any requirements, procedures, policies or regulations of networks connected to the Forum;
· attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by Newforma or used by Newforma in providing the Forum; or
· collect or store personal data about other users.
We do not actively monitor the use of the Forum under normal circumstances. Similarly we do not exercise editorial control or review over the content of any web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Forum. If at any time we choose, in our sole discretion, to monitor the Forum, we nonetheless assume no responsibility for any content submitted to the Forum, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any third party submitting or using any such Content. However, we may remove, block, filter, or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject Newforma to liability or may violate these Rules. Newforma intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Rules or of any applicable laws or regulations. By using the Forum, you release Newforma from any liability stemming from Newforma’s cooperation with local, state, federal and relevant country law enforcement officials. You acknowledge and agree that Newforma may also disclose Content if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Rules; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of this website, Newforma or its officers, directors, employees, representatives, our licensors, other users, and/or the public.
You acknowledge that Newforma reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice. Newforma may take any one or more of the following actions, or other actions not listed, at Newforma’s sole discretion in response to violations of Newforma s policies: (i) issue warnings: written or verbal; (ii) suspend your account; (iii) terminate your account; (iv) bill you for administrative costs; or (v) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations of these Rules.
Forum Maintenance
Newforma may, from time to time, need to interrupt the Forum for maintenance and other operational reasons, and you shall not receive any compensation or refund for such interruptions.
Warranty Disclaimer
Newforma cannot guarantee that the Forum will be available to you or that messages which are intended to be sent and delivered are sent and/or delivered. Newforma does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Forum, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Forum. You also accept liability for any of your actions while using the Forum. This includes, but is not limited to, sending of unsolicited email. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE FORUM IS AT YOUR SOLE RISK. THE FORUM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY PERSON YOU MAY EXCHANGE INFORMATION WITH IS DONE AT YOUR OWN RISK AND THAT NEWFORMA MAKES NO REPRESENTATIONS THAT INDIVIDUALS USING ITS SERVICE ARE WHOM THEY PURPORT TO BE. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN EXCHANGING INFORMATION WITH OTHERS ON THE FORUM. YOU EXPRESSLY ACKNOWLEDGE THAT. NEWFORMA HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR CONTENT ON THE FORUM. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE FORUM AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE FORUM.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, NEWFORMA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE FORUM.
NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via this website in a manner that constitutes copyright infringement, please send written notice to Newforma, Inc., 1750 Elm Street,10th floor, Manchester, NH 03104 USA, Attention: Webmaster.Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the website; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Indemnity
You agree to indemnify, defend and hold harmless Newforma, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from your use of the Forum, your violation of these Rules or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Newforma will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Rules will inure to the benefit of Newforma s successors, assigns and licensees.
Other
NEWFORMA MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE: (A) REVISE THESE RULES AND OTHER ONLINE POLICIES BY POSTING SUCH REVISIONS ON THE SITE AND (B) MODIFY OR TERMINATE THE FORUM. NEWFORMA WILL POST ANY SUCH REVISION OR MODIFICATION TO THE FORUM, AND THE REVISION OR MODIFICATION WILL BE EFFECTIVE IMMEDIATELY UPON SUCH POSTING. YOU AGREE TO REVIEW THESE RULES AND THE ONLINE POLICIES AS POSTED ON THE FORUM PERIODICALLY TO BE AWARE OF ANY REVISIONS. YOU AGREE THAT, BY CONTINUING TO USE THE FORUM FOLLOWING NOTICE OF ANY REVISION, YOU AGREE TO ABIDE BY ANY SUCH REVISION. IF YOU ARE DISSATISFIED WITH THE FORUM OR ANY RELATED TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FORUM.
Updated October 2011
