fmepedia:Terms Of Use
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Description of fmepedia
fmepedia is an online open-content collaborative database, that is, a voluntary association of individuals and groups who are developing a common resource of FME® knowledge. Essentially fmepedia is an online FME encyclopedia, written by FME users. fmepedia is operated by Safe Software Inc. ("Safe"). The structure of the fmepedia allows anyone with an Internet connection and World Wide Web ("Web")browser to alter its content. Please be advised that nothing found here has necessarily been reviewed by professionals with the expertise necessary to provide you with complete, accurate or reliable information. That is not to say that you will not find valuable and accurate information in fmepedia; much of the time you will. However, Safe cannot guarantee the validity of the information found here. The content of any given article may recently have been changed, vandalized or altered by someone whose opinion does not correspond with the state of knowledge in the relevant fields. By using the fmepedia, you accept and agree to be bound by the following terms and conditions (the "Terms of Use"). Nothing in the Terms of Use should be construed to confer any rights to third party beneficiaries. Unless explicitly stated otherwise, fmepedia may be modified or terminated at any time by Safe for any reason, and without notice, without liability to you, any other user of fmepedia or any third party. All content and any new features that augment or enhance fmepedia shall be subject to the Terms of Use. Changes to Terms of Use The Terms of Use of the fmepedia is subject to update by Safe at any time with our without notice, and you can review the most current version of it online at any time at http://fmepedia.com/index.php/Fmepedia:Terms_of_Use
Registration
When you register for fmepedia, you must provide true, accurate and complete registration information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occuring under your username and password and for keeping your password secure. You must be 19 years or older to register to use fmepedia.
Trademarks
Any of the trademarks, service marks, collective marks, design rights, personality rights or similar rights that are mentioned, used or cited in the articles of the fmepedia are the property of their respective owners. Safe. can not grant any rights to use any otherwise protected materials.
Content
Your Responsibilities. You understand that all data, text, information, links and other content (collectively, "Content"), whether posted in public or restricted groups, is the sole responsibility of the person from which such Content originated. This means that you, and not Safe, are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit (collectively, "Post") via the fmepedia. You understand that by using the fmepedia, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Safe be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the fmepedia. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You understand that the technical processing and transmission of the fmepedia, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Safe's Rights. You acknowledge that Safe does not pre-screen, control, edit or endorse Content made available through the fmepedia and has no obligation to monitor the Content Posted via the fmepedia. However, we retain the right, at our sole discretion to remove any Content from the fmepedia. Safe will have no liability or responsibility for performance or non-performance of such activities.
Appropriate Conduct
You agree that you are responsible for your own conduct and communications while using the fmepedia and for any consequences thereof. You agree to use the fmepedia only to post and review material that is legal, proper and related to the fmepedia. By way of example, and not as a limitation, you agree that when using the fmepedia, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- post any inappropriate, defamatory, infringing, obscene, or unlawful Content;
- post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to Post such Content;
- post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements;
- download any file Posted by another user of the fmepedia that you know, or reasonably should know, that cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted;
- restrict or inhibit any other user from using and enjoying the fmepedia;
- use the fmepedia for any illegal or unauthorized purpose;
- remove any copyright, trademark or other proprietary rights notices contained in or on the fmepedia;
- interfere with or disrupt the fmepedia or servers or networks connected to the fmepedia, or disobey any requirements, procedures, policies or regulations of networks connected to the fmepedia;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the fmepedia or collect information about users for any unauthorized purpose;
- submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Safe;
- create user accounts by automated means or under false or fraudulent pretenses;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to Canada or your country of residence.
While Safe prohibits such conduct and Content in connection with the fmepedia, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the fmepedia at your own risk.
Proprietary Rights
Safe’s Rights
Safe and its affiliates and licensors own and retain all rights in the fmepedia, which may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Safe, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Safe’s proprietary information. "FME", "FME Objects", "SpatialDirect" the "FME" and "Safe Software Inc." logo and "fmepedia" are trademarks of Safe.
Your Rights
Safe claims no ownership or control over any Content submitted, Posted or displayed by you on or through the fmepedia. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, Post or display on or through the fmepedia and you are responsible for protecting those rights, as appropriate. By submitting, Posting or displaying Content on or through the fmepedia, you grant Safe a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on the fmepedia solely for the purpose of displaying, distributing and promoting the fmepedia or any other Safe services. This license terminates when such Content is deleted from the fmepedia, and sufficent notification is provided to Safe. Safe reserves the right to syndicate Content submitted, Posted or displayed by you on or through the fmepedia and use that Content in connection with other services offered by Safe.
General Practices Regarding Use and Storage
You agree that Safe has no responsibility or liability for the deletion or failure to store any Content maintained or Posted by or through the fmepedia. You acknowledge that Safe has set no fixed upper limit on the number of submissions made to the fmepedia or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Links
fmepedia may provide, or third parties may provide, links to other Web sites or resources. Because Safe has no control over such sites and resources, you acknowledge and agree that Safe is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that Safe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such site or resource.
Disclaimer of Warranties
Safe and its affiliates, licensors, partners, suppliers, consultants and agents ("Safe Entities") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the fmepedia. The Safe Entities disclaim any and all responsibility and liability for your conduct and for the conduct of others using the fmepedia.
THE FMEPEDIA, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE FMEPEDIA), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SAFE ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU AGREE THAT YOUR USE OF FMEPEDIA ARE ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify Safe from and against any third party claim arising from or in any way related to your use of fmepedia, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Safe will provide you with written notice of such claim, suit or action.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SAFE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF FMEPEDIA, WHETHER OR NOT SAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON FMEPEDIA, FROM INABILITY TO USE FMEPEDIA, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF FMEPEDIA (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL SAFE BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE DOLLARS ($1.00).
Term and Termination
These Terms of Use will apply to your use of fmepedia. You may terminate your use of the fmepedia immediately at any time, for any reason, by contacting Safe. We may terminate your use of fmepedia immediately at any time, for any reason, and at such time you will have no right to use fmepedia. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.
Notices
Safe may provide you with notices regarding fmepedia or these Terms of Use by email or postings to the fmepedia site.
Miscellaneous Provisions
These Terms of Use will be governed by and construed in accordance with the laws of British Columbia, Canada, without giving effect to its conflict of laws provisions or your actual state/province or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the city of Vancouver in the Province of British Columbia. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall Safe be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Use constitute the entire agreement between you and Safe with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use by a party will be effective only if in writing and signed by a party.
