Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THE USER FORUM, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THE FORUM. YOU AGREE TO COMPLY IN ALL RESPECTS WITH THESE TERMS OF SERVICE

Welcome to the online ColumbiaSoft forum. ColumbiaSoft offers its forum to customers of ColumbiaSoft software who are current with paid annual maintenance and support. The Forum is a discussion place where you can exchange information with other users and provide feedback to ColumbiaSoft. The forum is provided so that our customers have the possibility to interact and exchange their experiences regarding our products and services. The forum is an English language forum.

REGISTRATION

Registration is required in order to access the forum. A valid email address, user name and password and login are required in order to post to the forum and adjust user settings. ColumbiaSoft will handle all information received from you in accordance with the our privacy policy but does reserve the right to release information as set forth therein and below. When you register, you will 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 message 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. ColumbiaSoft 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 ColumbiaSoft 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 this agreement and subject to the limitations set forth herein. We expect the forum will change significantly over time and, as a result, ColumbiaSoft may update the terms and conditions by posting updated terms and conditions.

OWNERSHIP OF THE FORUM

The forum and the content therein is the property of ColumbiaSoft, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. 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.

Your use of the Forum is governed at all times by these Terms of Service, ColumbiaSoft's Privacy Policy 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. We reserve the right to terminate your account immediately, with or without notice or reason to you, and without liability of ColumbiaSoft. We may modify, suspend or discontinue the forum at any time, with or without notice, and without liability to you, any other user or any third party.

YOUR CONTENT, PROFILE AND USAGE INFORMATION

By displaying or publishing ("posting") any Content on or through the Forum, you hereby grant to ColumbiaSoft a non-exclusive, fully-paid, royalty-free, worldwide, limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the forum or in ColumbiaSoft’s products and services. You further grant ColumbiaSoft 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, and (ii) the posting of your content on or through the forum does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. 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 ColumbiaSoft 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 ColumbiaSoft or used by ColumbiaSoft 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 the Content, 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 ColumbiaSoft to liability or may violate these Terms of Service. ColumbiaSoft intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws or regulations. By using the forum, you release ColumbiaSoft from any liability stemming from ColumbiaSoft's cooperation with local, state, federal and relevant country law enforcement officials.

You acknowledge that ColumbiaSoft reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice. ColumbiaSoft may take any one or more of the following actions, or other actions not listed, at ColumbiaSoft’s sole discretion in response to violations of ColumbiaSoft 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

FORUM MAINTENANCE

ColumbiaSoft 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.

TERMINATION

Without prior notice and without any liability of ColumbiaSoft, ColumbiaSoft may terminate these Terms of Service, your password, your account, or your use of the Forum, for any reason, including, without limitation, if ColumbiaSoft, in its sole discretion, believes you have violated these Terms of Service or any other ColumbiaSoft policies. ColumbiaSoft may provide termination notice to you by email addressed to the email account you provide to ColumbiaSoft, if any.

WARRANTY DISCLAIMER

ColumbiaSoft 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. ColumbiaSoft 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 COLUMBIASOFT 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. COLUMBIASOFT 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, COLUMBIASOFT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE FORUM.

LINKS

The Forum may provide, or third parties may provide, links to other Web sites or resources. Because ColumbiaSoft has no control over such sites and resources, you acknowledge and agree that ColumbiaSoft 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, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ColumbiaSoft 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, goods or services available on or through any such site or resource.

INDEMNITY

You agree to indemnify, defend and hold harmless ColumbiaSoft, 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 Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. ColumbiaSoft 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 Terms of Service will inure to the benefit of ColumbiaSoft s successors, assigns and licensees.

OTHER

COLUMBIASOFT MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE: (A) REVISE THESE TERMS OF SERVICE (INCLUDING ANY ONLINE POLICY BY POSTING SUCH AMENDMENTS ON THE SITE) AND (B) MODIFY OR TERMINATE THE FORUM. COLUMBIASOFT 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 TERMS OF USE 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.

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