MIX Terms of Service
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LITHIUM Technologies connects brands with their most passionate customers. LITHIUM social software removes barriers and allows consumers to be more empowered, connected and vocal than ever before.
MIX TERMS OF SERVICE
Following are the Terms of Service for the Lithium Community.
Use of the Lithium Community Site indicates you accept these terms. If you do not accept these terms, do not use the Lithium Community Site.
The Lithium Community is a peer-to-peer and direct support channel for people cultivating enterprise communities on the Lithium platform. It is central for education and thought leadership on best practices, where we also ideate with customers directly on how to improve and extend the product platform.
Enterprise communities are communities created by business organizations for their customers, partners, or other enthusiasts. Although this community is designed for Lithium customers, partners and employees, we welcome anyone with an interest in enterprise communities to participate in public areas. We expect all to observe the community rules of conduct set forth in these Terms of Service.
You may not use your registration membership (or allow anyone else to use your registration membership) to post or transmit:
Content that is abusive, vulgar, obscene, hateful, fraudulent or that discloses private or personal matters concerning any person. This includes language, information, or images.
Content that is threatening, defamatory or abusive, either between forum members or directed towards a Lithium moderator, or a Lithium employee or manager.
"Rants," "slams," or legal threats against Lithium or another company or competitor.
Bigoted, hateful, or racially offensive comments.
Political or religious statements or commentary.
Off-topic comments not related to enterprise communities or the Lithium platform.
Any material that you don't have the right to transmit under law (such as copyright, trade secret, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements).
Language that promotes illegal activity or discusses illegal activities with the intent to commit them. This includes any message that solicits or promotes the use of an illegal substance.
Advertising, promotional materials, or other forms of solicitation including chain letters, pyramid schemes, class action suits, or charitable appeals. This includes advertising links in signatures.
Any file or link to a file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer.
Duplicate posts, spam messages, or posts repeated excessively on one or more boards.
Messages designed to evade profanity or other filters.
Personal phone numbers or addresses (to protect privacy).
Personal email addresses, private information such as social security numbers, or other contact information that is not your own, including, but not limited to Lithium employee's email addresses.
Hyperlinks that lead to sites that violate any of the forum guidelines.
Any message that impersonates another person or affiliation with an entity, including, but not limited to, Lithium. In addition, our guidelines do not permit you to:
Intentionally violate any other applicable law or regulation while accessing and using our site
Interfere in any way with the operations in the forum or with a fellow user's message box, including but not limited to mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
Evading bans or suspensions or otherwise disregarding directions from Lithium moderators or administrators. Lithium moderators may at any time and without prior notice remove any posted message or thread, delete words that violate these guidelines from posted messages, or ban your account for violating the above reasonable provisions. Please remember that you are responsible for all statements made and acts that occur through the use of your username and password.
If you recognize any violation of these guidelines, please notify us by using the "Report Inappropriate Content" feature in the Options menu of the message, or by contacting us directly at: email@example.com
If you believe that work belonging to you has been copied onto the Lithium Community Site without your permission, please notify by sending a written notification of claimed infringement to: By mail: Copyright Agent c/o Lithium Technologies 225 Bush St., 15th Floor, San Francisco, CA 94104
By email: firstname.lastname@example.org
In accordance with the Digital Millennium Copyright Act, your notification must include:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
* Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
* A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
* A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
USER PROFILE INFORMATION
We may refuse to grant you, and you may not use, a screen name or email address that is already being used by someone else, that impersonates another person, that belongs to another person (without that person's prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion. In consideration of your use of the Lithium Community Site you agree that all information provided in your profile is accurate, true, current, and complete. Lithium may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.
MEMBER GENERATED CONTENT
The content found in the Lithium Community Site comes from a variety of sources, primarily from community members. Lithium makes no claims or representations as to the accuracy, completeness, or truth of any material submitted or found in the discussion areas. Lithium is not liable for any website links posted within the discussion areas; website links posted in the discussion areas may link to sites not administered or under the control of Lithium and users must open such links at their own risk. Lithium is not liable for any errors or delays in the content or transmission of postings on the site. Remember that you are responsible for your own decisions to act upon the information provided by community members. Lithium makes no guaranty of the confidentiality or privacy of any communication or information transmitted on the site, or any website linked to the site, or otherwise in connection with the services and Lithium will not be liable for the privacy of e-mail addresses, registration and identification information, confidential or trade-secret information.
If your user identification or password(s) is compromised, or if you become aware of any unauthorized use of your account or other breach of security, you are responsible for promptly notifying us. You can notify us by sending an email to email@example.com.
You must be 13 years of age or older to access the Lithium Community Site.
The language of the Lithium Community Site is English.
Lithium reserves the right to modify these guidelines at any time, effective upon posting of the modified guidelines on the forum.
DISCLAIMER OF WARRANTIES
The service is provided on an "as is" basis without warranty of any kind, express or implied. You expressly agree that the use of the service is at your sole risk. Lithium does not warrant that the service will be uninterrupted or error-free, nor does Lithium make any warranty as to any results that may be obtained by use of the service. Lithium makes no other warranties, expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, in relation to the service.
LIMITATION OF LIABILITY
Under no circumstances shall Lithium be liable to you or any other person for any damages, including without limitation, direct, indirect, incidental, consequential or punitive damages arising out of or relating to this agreement or the use of the service or site. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the service and terminate this agreement.
You agree to indemnify, hold harmless and defend Lithium, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Lithium Community Site, including any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
GOVERNING LAW AND VENUE
These Terms of Service constitutes a binding agreement. Failure to comply with these Terms of Service may result in account revocation and other legal action. These Terms of Service, the Lithium User Guidelines and related documents set forth herein constitute the entire agreement between you and Lithium and governs your use of the Lithium Community Site superseding any prior agreements between you and Lithium. The laws of the State of Washington, U.S.A., shall govern the Terms of Service and the relationship between you and Lithium, without regard to conflict of law provisions. You and Lithium agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King, Washington, U.S.A.
© 2014 Lithium Technologies
The materials published on MIX Site may not be copied or distributed, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by BECU.
We welcome participation and feedback. Please keep in mind, it is a moderated forum and we aim to maintain a friendly and respectful environment for the participants. BECU retains the right to review, edit or delete from MIX Site any remarks, ideas, graphics, photographs or other information communicated to BECU through this Site (together, the Submission) which BECU in its sole discretion considers illegal, offensive or otherwise inappropriate. Please note that posts or comments expressed on the MIX Site do not necessarily reflect the opinions or positions of BECU.
Use Rights and License Grants
Acceptable Use Policy:
You are prohibited from transmitting any sensitive personally identifiable information over MIX Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters (Sensitive Personal Information). You are also prohibited:
from using the Site to send or post harassing, abusive, or threatening messages;
transmit through the Web Site any information, data, text, files, links, software, or other materials that BECU considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable;
from attempting to conceal or misrepresent the identity of the sender or person submitting the information;
disrupting the normal flow of the Site, including any dialogue on the Site or otherwise act in a manner that negatively affects other participants;
from sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site;
posting or transmitting executable programming of any kind, including viruses, spyware, Trojan horses, Easter eggs, or any other form of computer programming;
posting Submissions or using the Site in such a way that damages the image or rights of BECU, other Users or third parties; and
from creating any frames at any other Sites pertaining to any portions of this Site.
If you recognize any violation of these guidelines, please notify us.
Rights you grant us
You give BECU a non-exclusive, free, worldwide license for the duration of the applicable author's rights, to publish your remarks, ideas, graphics, photographs or other information communicated to BECU through MIX Site (together, the Submission). In addition to the right to publish, BECU is also granted under said license the following rights, without limitation:
the right to reproduce;
the right to transfer, which includes the distribution via computer and networks;
the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part;
the right to update/upgrade by adding or removing; and
You are responsible for the content of the Submission and agree to defend (at BECU option and at your sole expense), indemnify and hold BECU harmless from any damages, losses, costs, or expenses, including attorneys' fees, arising out of or relating to: (a) your breach of this Agreement; (b) any Submission which (i) violates the above Acceptable Use Policy (whether or not such submission is deleted or edited by BECU), or (ii) which you know or should have known contained the intellectual property of others; and (c) any violation of law or the rights of a third party.
User Generated Content
By making a Submission to MIX Site, you hereby represent and warrant that:
you either own or control all of the rights to the content submitted;
you have obtained permission from the owner of the content to submit the information; and
The submission of your Idea to MIX Site is entirely voluntary, non-confidential, gratuitous and non-committal. You grant to BECU a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas, expression of ideas or other materials you submit (collectively, Idea) to MIX Site 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. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Idea, and all rights therein, in the name of BECU in perpetuity in any and all media now or hereafter known. You understand that BECU may be working on the same or a similar Idea, that it may already know of such Idea from other sources, that it may simply wish to develop this (or a similar Idea) on its own or it may have taken/will take some other action. In return for MIX review and consideration of your Idea, you acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted, until such time as BECU otherwise agrees in writing:
To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to MIX Site and in doing so or BECU review and/or use of the Idea, will not infringe upon any other individual's or entity's whose rights.
You understand that disclosure of your Idea to MIX Site does not establish a confidential relationship or obligate BECU to treat the Idea (or any related materials) as secret or confidential.
You understand that BECU has no obligation, either express or implied, to develop or use your idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related Ideas or Ideas derived from your Idea.
BECU will give your Idea such consideration as is warranted by its sole judgment. BECU's review of your Idea shall not be construed as any recognition of the novelty or originality of the Idea. BECU is not obligated to give reasons for rejecting your Idea or to reveal BECU activities that are related to the subject matter of the submitted Idea.
You acknowledge and declare that (a) you have read and fully understand these terms and appreciate the nature, extent and consequences of this Agreement, (b) the submission of my Idea to MIX is entirely voluntary, and (c) BECU, directly or indirectly, may (i) be working on the same Idea or a similar Idea to the Idea, or (ii) already know of such Idea from other sources, or (iii) simply wish to develop this Idea or as similar to the Idea on its own.
You hereby agree that you irrevocably release and forever discharge BECU from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against BECU with respect to the Idea, including without limitation in respect of how BECU directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
Limitations of Liability and Disclaimer of Warranties
Governing Law and Venue