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Top Point Earners

    Community Coordinator
    WebSphereUserGroup.org/WIS
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    IBM
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Terms of Use

    GWC

    Terms of Use


    Thank you for your interest in social computing on the Global WebSphere Community (GWC).  By creating a profile and sharing social content in this public environment, you are fostering more direct, person-to-person collaboration among the GWCs many constituents, including WebSphere end users, potential WebSphere end users, WebSphere business partners, technology analysts, technology consultants, IBMers and others.

    The social computing tools on the GWC (Profiles, Blogs, Forums, member search and member collaboration Activities) are effective ways to interact with others and share your own capabilities.  Remember that these tools are intended for individuals who wish to share and discuss non-confidential business and technology-related subjects.  They are not intended for personal or non-business or technology related topics or agendas, for sharing confidential or restricted information, for aggregating lists of contacts for sale or distribution or for soliciting sales.

    We refer to the GWC in these Terms of Use as either “The GWC” or “this Site.”

    By accessing and using the GWC, you agree that:

    1.    You are at least 18 years old and, if you are accepting these Terms of Use on behalf of a company or other entity as well as for yourself, you are authorized to do so.  The information you submit in your registration with the GWC (name, e-mail address and other information) is accurate and current. Such information will be included in your GWC profile, unless you choose to not include it.  You may include, if you so choose, additional information in your GWC profile.  You agree to maintain the security of, and not allow others to use, your User ID or password. You are responsible for your profile and activities on this Site, and it is up to you to decide what information you disclose about yourself on this Site.

    2.    Your use of the GWC  is subject to, and you agree to read and comply with, the GWC Guidelines (which can be found at http://www.websphereusergroup.org/go/network/guidelines).  If you are an IBM employee, your use of the GWC is also subject to the IBM Business Conduct Guidelines (which can be found at http://www.ibm.com/investor/governance/business-conduct-guidelines.wss ), your employment agreement with IBM (which you can obtain from your Human Resources contact) and IBM Social Computing Guidelines (which can be found at https://w3.ibm.com/blog/guidelines.html#introduction).

    3.    This Site contains proprietary notices and copyright information, which you must observe and follow.  The GWC and/or its suppliers own websphereusergroup.org and all content on this Site (other than User Content) (“Site Content”). The GWC grants you non-exclusive, non-transferable, limited permission to access this Site and the Site Content.  You may not copy, reproduce, upload, post, modify, transmit, mirror on another site or in any other media, distribute or create derivative works of this Site or the Site Content. The GWC does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

    4.    You are responsible for all User Content that you upload, post, display, submit or otherwise transmit (“post”) to this Site. “User Content” includes all information, profiles, personal information, contact data, submissions, ideas, tags, messages, recommendations, text, material, articles, photos, music, posts, comments, responses, e-mail and other content that you post on this Site.  You agree to only post User Content that you created or developed or that you have permission or authorization to post.  The GWC may, in its sole discretion, for any reason or no reason at all, access, delete, edit or remove any User Content posted on this Site, without permission of or notification to the participant who posted the User Content.  The GWC may (but is not obligated to) monitor the activities and postings of participants (or be alerted to the same) on this Site for any reason, such as if  the GWC believes such action is necessary to comply with any law or act in an emergency.

    5.    User Content may be made available to third party search engines on the Internet as well as though the Site’s search engine. User Content that you post will be available for use on a global basis by The GWC, other participants and others who are not participants but who view the User Content on the Internet without royalties or restrictions.  The GWC, other participants and others who are not participants but who view the User Content on the Internet may use User Content, in whole or in part, for any purpose, may create derivative works thereof and may sublicense others to do the same.

    6.    The GWC privacy policy shall apply to your registration information, namely your e-mail address, insofar as you do not make such information part of your profile.  It shall not apply to User Content that you post.

    7.    You may remove your User Content and cease being a participant in The GWC at any time.  If you remove your User Content, your User Content will no longer be displayed on the GWC platform, but The GWC, and other participants may, if it so chooses, archive and retain copies of your User Content.  In addition, The GWC and other participants may continue to use User Content as provided in Section 5 above.

    8.    THE GWC IS NOT RESPONSIBLE FOR USER CONTENT OR THE ACCURACY OF ANY USER CONTENT POSTED. PARTICIPANTS SHALL REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT THEY POST. USER CONTENT DOES NOT REPRESENT THE VIEWS OR OPINIONS OF THE GWC.  THE GWC DOES NOT GUARANTEE THAT ANY USER CONTENT IS CORRECT OR ACCURATE AND THE GWC DOES NOT ENDORSE ANY USER CONTENT.  THESE EXCLUSIONS ALSO APPLY TO THE GWC’S SUPPLIERS.

    9.    USE OF THIS SITE IS AT YOUR SOLE RISK.  THE GWC AND SITE CONTENT, INCLUDING ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, SERVICES AND PROGRAMS PROVIDED ON THIS SITE, ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. THE GWC EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. THE GWC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.    THESE EXCLUSIONS ALSO APPLY TO THE GWC’S SUPPLIERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    10.    IF YOU SUFFER ANY HARM OR LOSSES AS A RESULT OF YOUR USE OF THIS SITE, OR ANY SITE CONTENT YOU MAY CEASE BEING A PARTICIPANT IN THE GWC COMMUNITY, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR SUCH HARM OR LOSSES.  IN NO EVENT WILL THE GWC OR ITS SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ANY USE OF THIS SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF IBM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

    11.    The GWCmay, at any time, modify, change, discontinue or terminate The GWC, in whole or in part.

    12.    You agree to indemnify The GWC and its affiliates and their respective directors, officers, agents, contractors, suppliers and employees from and against losses, claims, costs and expenses, including attorney’s fees, arising out of or relating to (i) your User Content, (ii) your violation of these Terms of Use or violation of applicable law, (iii) your use of any User Content, and (iv) your activities on this Site.

    13.    The GWC is not responsible for the privacy practices or content of any sites linked to from this Site.

    14.    The GWC may change the Terms of Use at any time.  IBM will give notice of material changes to these Terms of Use by posting a notice outlining such changes on this Site for thirty (30) days.  Your continued use of this Site after changes are made will constitute your acceptance of any changed or new terms.  If you do not accept such changed or new terms, you may terminate this agreement as provided in Section 16 below.

    15.    From time to time, The GWC may add specialized sections or areas of this Site (such as those targeting specific topics for discussion or specific participants) or may offer for download software or other materials, for which additional terms and conditions may be applicable.  Prior to your participation in such specialized sections or areas or your download of such materials, your acceptance of such additional terms and conditions will be required.

    16.    You may terminate this agreement with The GWC at any time by providing written notice to The GWC.  The GWC may, for any reason (such as violation of these Terms of Use or Websphereusergroup.org Community Guidelines) or no reason at all, terminate this agreement with you with or without notice. Upon termination, your User ID and password will be deactivated and you will no longer be able to access The GWC, but The GWC and other participants may, if they so choose, archive and retain copies of your User Content.  In addition, The GWC and other participants may continue to use User Content as provided in Section 5 above.

    17.    You agree to comply with all applicable export (and reexport) and import laws, regulations, orders, and policies, including the Export Administration Regulations, , trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Asset Control and the International Traffic in Arms Regulations maintained by the Department of State.

    18.    The GWC will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.  For more information, please go to GWC’s Digital Millennium Copyright Act Notices located at http://www.websphereusergroup.org/go/network/guidelines. The GWC will terminate without notice participants who are “repeat infringers” of copyrights.

    19.    These Terms of Use will be governed by the substantive laws of the State of New York.  Any proceedings to resolve disputes relating to the Terms of Use shall be brought in a U.S. Federal Court in the State of New York.  Participants expressly waive the right to trial by jury in any matter which arises under these Terms of Use.

    20.    If any provision of these Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of these Terms of Use will be unaffected.  These Terms of Use (and the documents referred to in these Terms of Use) constitute the entire agreement between you and The GWC with respect to your use of this Site.


    Dated: May 1, 2010

    Acceptance of the Terms of Use

    By clicking "I accept," you are confirming that you have read and agree to these Terms of Use and to the Websphereusergroup.org Community Guidelines.

    If you do not agree to these Terms of Use or the Websphereusergroup.org Community Guidelines, use the Back button to exit this Site.

    Notices

    The Global WebSphere Community and its affiliates may use the information you have provided in your profile definition to keep you informed about WebSphere or WebSphere related products, services and offerings.

    • We will communicate with you to provide information about the community such as plans, announcements, events, special offerings or program changes. If you belong to a local user group(s), your group leader(s) may also communicate with you to provide information about the community such as plans, announcements, events, special offerings or program changes, or to communicate with you about plans, announcements, events, special offerings or program changes relative to the local user group(s).
    • If at any time you no longer want to receive information from the community, you can send email to GWCUserInfo@websphereusergroup.org or you can phone the Program Team at 781-407-0360 with your request and we will remove you from our email list.

    By submitting this form I agree that the Global WebSphere Community 1)may process my data in the manner indicated above and as described in the Global WebSphere Community Privacy statement, and 2) I have read, understand and agree to The Global WebSphere Community Terms of Use, and The Global WebSphere Community Guidelines.