TERMS & CONDITIONS FOR USERS

 

1. Who We Are
   

 

“KX Community” (the Platform) is a platform operated by Kx Systems, Inc. (we, us or our) and accessible through website at community.kx.com or as may be amended from time to time (the Site). We are registered in Delaware, USA and have our registered office at 45 Broadway, 20th Floor, New York, NY 10006.

 

Our logos are our trade marks and intellectual property. You are not permitted to use them without our approval.

 

2. Applicability and Acceptance of these Terms

 

These terms of use (Terms) set out the basis on which any user (you, your or a User, as the context requires) may access and use our Platform. We recommend that you print a copy of these Terms for future reference.

 

By using the Platform, you confirm that: you are eighteen years of age; you are legally allowed to enter into legal agreements like these Terms; and you accept and agree to comply with these Terms and our Privacy Policy (available here). If you do not agree to these Terms, you are not authorised to, and must not, use our Platform.

 

3. Changes to these Terms

 

We can and do amend these Terms from time to time. If we make changes that materially affect your use of our Platform we will notify you by posting notice of the change on the Platform. Any changes to these Terms will be effective upon our posting of notice of the changes and you will be bound by the latest version of the Terms.

 

Every time you wish to use our Platform, please check these Terms (available at community.kx.com/t5/user/UserTermsOfServicePage) to ensure you understand the Terms that apply at that time. This version of these Terms was most recently updated on 15 June 2021.

 

4. Permitted Uses of Our Platform

 

Our Platform provides a platform for Users to interact and collaborate in relation to KX technology, products and training.

 

We are not obliged to accept any user on our Platform at any time, and may suspend or terminate your account with us at any time and for any reason, at our absolute discretion.

 

The Platform is accessible using generally available computer equipment, and you are required to obtain and maintain such equipment and network connectivity in order to access and use the Platform.

 

5. Cancelling your Account 

 

If you wish to remove your account from our Platform, for any reason, please contact our support team by emailing communitymanager@kx.com and ask to be removed from the Platform.

 

6. Your Account Details

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you should change your password immediately.

 

We have the right to disable any identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

 

7. Changes to, Withdrawal of & Reliance on, our Platform

 

Our Platform is made available free of charge to Users. Our Platform, and the content on it, is provided only on an “as-is” and “as-available” basis.

 

You should be aware that we may update and change our Platform from time to time, and that we do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons.

 

If any information about you as a User featured on our Platform becomes inaccurate or incomplete at any time, you agree to inform us as soon as reasonably possible, or update such information directly, where you have the ability to do so.

 

8. Use of Material on our Platform

 

We are the owner or the licensee of all intellectual property rights in our Platform, and in the material we publish on it (other than the material that any users upload to the Platform). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others you know to content posted on our Platform. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

Our status (and that of any identified contributors) as the authors of our content must always be acknowledged, but you must not represent or distort any content that we do not own as being ours or endorsed by us.

 

WE DO NOT MONITOR, VERIFY OR APPROVE ANY MATERIALS UPLOADED ON THE PLATFORM. ANY CONTENT UPLOADED BY ANY USER DOES NOT EXPRESS OR REPRESENT OUR VIEWS OR VALUES. WE MAKE NO REPRESENTATIONS, ENDORSEMENTS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT ON OUR PLATFORM IS ACCURATE, FIT FOR PURPOSE, COMPLETE, UP TO DATE OR MAY BE USED BY YOU OR ANY OTHER PERSON.

 

WE ARE AWARE THAT SOME CONTRIBUTIONS PUBLISHED ON THE PLATFORM (EITHER BY US OR BY OTHER USERS) MAY REFER TO SOFTWARE PUBLISHED AND MADE AVAILABLE BY THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, OPEN-SOURCE SOFTWARE). WE DO NOT ENDORSE OR CERTIFY THE USE OF ANY SUCH THIRD-PARTY SOFTWARE AND RECOMMEND YOU REVIEW THE LICENSE TERMS OVER ANY SOFTWARE THAT YOU USE.

 

9. Rights over Uploaded Content

 

When you upload or post content to our Platform, you grant to us, and/or warrant that the owner of such material has expressly granted to you and us, the royalty-free, perpetual, irrevocable, transferable and sub-licensable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.  You also permit any other user to access, view, store or reproduce the material.  You agree that you will not be entitled to, or make any claim for, any remuneration for any use made of any content you upload to our Platform.

 

If you believe any content has been uploaded to the Platform regarding which you have rights or own, please contact us by emailing communitymanager@kx.com.

 

10. Uploading Content

 

Whenever you upload content to our Platform, or to make contact with other users, you must comply with the content standards set out below.

 

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

Any content you upload to our Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in section 9 above.

 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

 

We have the right to remove any contribution you make on/to our Platform in our absolute discretion.

 

You are solely responsible for securing and backing up your content.

 

These content standards set out in this clause 10 (Content Standards) apply to any and all material which you contribute to our Platform (Contribution). The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our sole discretion, whether any Contribution breaches our Content Standards.

 

Any Contribution must:

• be accurate (where it states facts).
• be genuinely held (where it states opinions).
• comply with the law applicable in any country from which it is posted.

 

A Contribution must not:

• be defamatory of any person;
• be obscene, offensive, hateful or inflammatory;
• bully, insult, intimidate or humiliate;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be in contempt of court;
• be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass or alarm any other person;
• impersonate any person, or misrepresent your identity or affiliation with any person;
• give the impression that the Contribution emanates from us or one of our employees, if this is not the case;
• advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
• contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
• contain any advertising or promote any services or web links to other sites.

 

11. Prohibited Uses

 

You may use our Site and Platform only for lawful purposes.  You may not use our Site or Platform:

 

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for link building purposes;
• if you are not able to form legally binding contracts, or are under the age of 18;
• for the purpose of harming or attempting to harm others in any way;
• to bully, insult, intimidate or humiliate any person;
• to attempt to, or actually access data not intended for you, such as logging into a server or an account which you are not authorised to access;
• to attempt to scan, or test the security or configuration of our Site or Platform or to breach security or authentication measures without proper authorisation;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), or any other chain letters or to promote any pyramid schemes; or
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

You also agree:

 

• not to harvest or otherwise collect information about users, including email addresses without their consent, or otherwise access, monitor or copy any content or information from our Site or Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
• not to act illegally or maliciously against our business interests or reputation;
• not to reproduce, duplicate, copy or re-sell any part of our Site or Platform in contravention of these Terms;
• not to take any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our   sole discretion) supporting our Site or Platform;
• not to access without authority, interfere with, damage or disrupt:
• any part of our Site or Platform;
• any equipment or network on which our Site or Platform are stored;
• any software used in the provision of our Site or Platform; or
• any equipment or network or software owned or used by any third party.

 

12. Transmission of Information

Because we do not control the security of the internet or other networks you use to access our Site or Platform or communicate with us, we cannot be, and are not, responsible for the security of information that you choose to communicate with us and our Site or Platform while it is being transmitted. In addition, we are not responsible for any data lost during transmission.

 

13. Linked Websites

 

Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information or ease only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over, and shall not be held responsible for, the contents of those sites or resources.

 

14. Our Responsibility

 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

 

Without limitation to any other disclaimers or limitations expressed within these Terms:

• we do not give any guarantee or commitment regarding the availability of the Platform. In particular, we reserve the right to remove the availability of all or part of the Platform at any time without notice in order to provide scheduled or unscheduled maintenance or for any other reason;

 

• we hereby disclaim any and all representations, warranties and conditions, whether express or implied, as to the operation of our Site or the Platform or the content, statements or other information contained on either, including, but not limited to those of title, noninfringement, merchantability, availability, timeliness, and fitness for a particular purpose;

 

• we disclaim all liability, however arising, for any loss or damage you suffer. If that disclaimer is not permitted by relevant law, our liability to you shall be capped at £1;

 

• we will not be liable to you or anyone for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our Site or the Platform; or use of or reliance on any content displayed on our Site or the Platform;
• in particular (and without limitation to any other provision within this clause 14), we will not be liable for your:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • damage or loss of use of any other software or hardware used in conjunction with the Site or Platform;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation;
  • loss of, damage to, or corruption of data; or
  • any indirect, special, punitive or consequential loss or damage,

whether those losses are foreseeable, known, foreseen or otherwise; and

 

• you expressly agree that use of the Site and the Platform is at your sole risk. Neither us nor our affiliates or any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of our Site or the Platform will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of our Site or the Platform; or the accuracy, completeness, reliability or content of any information (including, but not limited to, product descriptions) provided through our Site or the Platform.

 

You hereby release us and hold us and our group companies, affiliates and their respective directors, officers, employees and agents harmless from any and all claims or liability related to any action or inaction by you or any other user, including your or their failure to comply with applicable law, rights or license terms and/or any conduct or speech, whether online or offline, of any other user.

 

15. Viruses

 

We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.

 

You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

 

16. Breach of these Terms

 

When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate. Failure to comply may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our Platform;
• immediate, temporary or permanent removal of any Contribution uploaded by you to our Platform;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you; or
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

 

We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 

17. Governing Law and Jurisdiction

 

These Terms their subject matter and their formation (and any non-contractual disputes or claims) are governed by Northern Irish law. We both agree to the exclusive jurisdiction of the courts of Northern Ireland.

 

18. Additional Provisions

No waiver by either you or us of any breach or default or failure to exercise any right allowed under these Terms is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these Terms invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms, and the remaining portions of these Terms shall continue in full force and effect.

The provisions of these Terms apply equally to and are for our benefit, and that of our parent companies, subsidiaries, subsidiaries of parent companies, affiliates and third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

We will not be liable for any default or delay in the performance of our obligations under these Terms due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event is beyond our reasonable control.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

 

These Terms constitute the entire agreement of the parties.