TIBCO SOFTWARE INC. AND ITS AFFILIATES ("TIBCO", "WE" OR "US") PROVIDE THIS WEBSITE, INCLUDING SERVICES ON THIS WEBSITE, TO YOU, SUBJECT TO THESE TERMS . THESE TERMS ARE ENTERED INTO BY AND BETWEEN TIBCO AND YOU, AND YOU ACCEPT THEM BY USING OUR WEBSITE LOCATED AT THE INTERNET DOMAIN FORMVINE.COM (THE "FORMVINE SERVICES") AND/OR ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE FORMVINE SERVICES.
2. Modifications to Terms
We reserve the right, at any time, to modify, alter, update or remove portions of these Terms. Please check them from time to time as your continued use of the Formvine Services signifies your acceptance of any changed items.
3. Acceptance of the Terms
Your use of the Formvine Services is your acceptance of the Terms. If you do not agree to all the Terms, do not use the Formvine Services. You may not use the Formvine Services or accept the Terms if: (a) you are not of legal age to enter into a binding contract; or (b) you are a person prohibited by the laws of the United States of America or any other country from receiving the services on the Site, including export and import control laws.
4. Our Provision of Services
You agree that we may stop providing the Formvine Services (including any features within the Formvine Services) to you or to all users at our sole discretion, without any prior notice to you. You may stop using the Formvine Services at any time and need not provide any notice to us that you have stopped such use. In the event that you provide notice of termination of use to us, you agree that we may contact you (although we are under no obligation to do so) to confirm your notice of termination.
You agree that if we disable access to your account, you will be prevented from using the Formvine Services as well as any information, including files, contained in your account.
You agree that we may limit, at our sole discretion, the number of transmissions you may send or receive through the Formvine Services, the amount of storage space you may use for the Formvine Services, and the bandwidth you may use in connection with the Formvine Services, without any prior notice to you.
You acknowledge and agree that the Formvine Service will not necessarily be uninterrupted, timely, secure, or error-free.
5. Your Use of Services and Registration
You acknowledge and agree that, in consideration for your use of the Formvine Service, you: (a) will provide complete and accurate information about yourself in the required fields in the registration form(s); (b) will promptly update such information to keep it accurate, current, and complete; and (c) for so long as you maintain a Formvine Service account, grant us the right to contact you regarding the Formvine Services and other TIBCO services, products and offerings. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that the information not true, accurate, current, or complete, we may suspend or terminate your account and/or refuse any current or future use of the Formvine Services.
You agree to keep your password confidential, and acknowledge that you are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements concerning your password and account usage.
6. Privacy Terms for Formvine
7. User Content
You agree that all information (including data files and written text) to which you may have access as part of, or through your use of, the Formvine Services is the sole responsibility of the person who originated such content. All such information is referred to as "Content."
We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Formvine Services’s forums or blogs including but not limited to any Content that violates any privacy or confidentiality rights of another party or violates any law or regulation or violates any portion of the Terms.
You agree that you are solely responsible for (and that we has no responsibility to you or to any third party for) any Content that you create, transmit, submit, or display while using the Formvine Services and for the consequences of your actions, including any loss or damage which we may suffer, by doing so.
You agree that we have no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Formvine Services. You further acknowledge that you are solely responsible for securing and backing up any of your Content.
Content that you create, transmit, submit, or display while using or creating forms in the Formvine Services is controlled by you or other users of the Formvine Services, not by us. The Formvine Services operate as a data processing service that assists users in managing the users´ Content. In providing the Formvine Services, we are a data processing service provider, and do not control the collection or use of the users´ Content and is not responsible for such Content.
8. Proprietary Rights
You agree that we or our licensors or vendors own all legal right, title and interest in and to the Formvine Services, including any intellectual property rights which subsist in the Formvine Services.
Nothing in the Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Except as provided in the preceding paragraph, we acknowledge and agree that we obtain no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit or display on, or through, the Formvine Services, including any intellectual property rights which subsist in that Content. You agree that you are responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf.
Formvine is a trademark of TIBCO Software Inc. in the United States and other countries. You may view a complete list of TIBCO trademarks here. All other trademarks, product names and company names and logos are the property of their respective owners.
Copyright 2009-2012, TIBCO Software Inc. Any rights not expressly granted herein are reserved.