LANSWEEPER COMMUNITY TERMS OF SERVICE
These Lansweeper Community Terms of Service (“Terms”), including the incorporated documents (Community User Guidelines), govern your use ("You”) of the Lansweeper community located at www.lansweeper.com, including the community forum & blogs (the “Community”) and form a legal contract between Lansweeper NV, a limited liability company existing under Belgian law, with registered address at Belgium, 9200 Dendermonde, Zeelsebaan 83/Z, registered under enterprise number 0538.668.417 (Register of legal entities: Gent, division Dendermonde) and VAT number BE0538.668.417 ("Lansweeper” or “We”) and You. These Terms are filed and accessible via Lansweeper’s Community.
Note that your use of Lansweeper’s products, other than the Community, are governed by other terms, including without limitation the Terms of available at www.lansweeper.com/terms-of-use/ (“Lansweeper Products”).
The present Terms describe the permitted and prohibited uses of the Community, among other things. By using the Community you acknowledge and agree to these Terms and also the Privacy Policy, which can be found at www.lansweeper.com/privacy-policy/ and is incorporated by reference. If you choose to not agree with any of these terms, you may not use the Community.
Changes to the Terms
Lansweeper reserves the right, in its sole discretion, to change these Terms from time to time.
Your use of the Community after the effective date of the updated Terms constitutes your agreement to the updated Terms. You should review these Terms and any updated Terms before using the Community.
The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms, and will apply to your use of the Community from that point forward.
Participating in the Community
The Community is intended to provide You with the opportunity to exchange useful and helpful information regarding Lansweeper and/or Lansweeper Products. You must be above the age of eighteen to be eligible to use the Community.
We may edit or remove any Posting we consider, in our sole discretion, to violate the Terms or be inappropriate for the Lansweeper Community for any reason. “Posting" means, but is not limited to, any text, links, images, communications, opinions, software, data, attachments and any other content any person provides on the Community, including, but not limited to message boards, chats, blogs, or otherwise.
Your violation of any of the Terms may result in the suspension or termination of your access or use of the Community.
Your Conduct
You may not engage in any of the following prohibited activities in Your use of the Community and/or through Your Postings:
- copying, distributing, or disclosing any part of the Community in any medium, including without limitation by any automated or non-automated "scraping",
- using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Community,
- transmitting spam, chain letters, or other unsolicited email,
- attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Community,
- taking any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on Community infrastructure,
- uploading invalid data, viruses, worms, or other software agents through the Community,
- collecting or harvesting any personally identifiable information or personal data, including account names, from the Community,
- using the Community for any commercial solicitation purposes,
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
- interfering with the proper working of the Community,
- accessing any content on the Community through any technology or means other than those provided or authorized by the Community, or
- bypassing the measures we may use to prevent or restrict access to the Community, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Community or the content.
You also agree to abide by the Community User Guidelines found at [COMMUNITY STANDARDS URL].
Lansweeper reserves the right to remove or move any Postings or any other profile content in its discretion deems inappropriate.
Idea Exchange
You may choose to submit Postings, including without limitation, comments, information, questions, data, ideas, description of processes, or other information on the Community (“Feedback”). Lansweeper may in connection with any of its products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered Your confidential information, and nothing in these Terms limits Lansweeper’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
Registration Requirements
While registration is not required to read postings on the Lansweeper Community, users must register an account with Lansweeper in order to post to the Community.
Account Creation
You must complete the registration process by providing Lansweeper with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. Lansweeper may refuse to grant you, and you may not use, a user name that is already being used by someone else, belongs to or impersonates another person, violates the intellectual property or other rights of any person (including but not limited to trademark rights), is offensive, or that Lansweeper rejects for any other reason in its sole discretion. You agree that all information provided in a profile is accurate, up to date, and complete, and that it will be kept updated. Lansweeper may terminate your account if any of the information provided is found to be inaccurate, out of date, or incomplete.
Responsibility for Account
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Lansweeper immediately of any unauthorized use of your account or any other breach of security.
Liability for Account Misuse
Lansweeper will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by Lansweeper or another party due to someone else using your account or password.
Use of Other Accounts
You may not use anyone else's account at any time, with or without the permission of the account holder.
Account Security
Lansweeper cares about the integrity and security of your personal information. However, Lansweeper cannot guarantee that unauthorized third parties will never be able to defeat the Community security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
License
During the term of this agreement, Lansweeper grants you a limited, non-exclusive, non-transferable license to access the Community for your personal and non-commercial use in accordance with the Terms.
Intellectual Property
You acknowledge that all intellectual property rights vested in the Community anywhere in the world belong to Lansweeper (and Lansweeper’s licensors) and no intellectual property rights whatsoever vested in the Community are transmitted or in any way assigned to You, including without limitation all graphics, user interfaces, logos, and trademarks.
Privacy
Lansweeper strongly discourages You as a user from posting personally identifiable information in the Community. Any information posted on the Community is at the Your own risk.
Lansweeper processes personal data in accordance with Lansweeper’s Privacy Policy which is located at https://www.lansweeper.com/privacy-policy/ (or any other link Lansweeper may provide), which details how We collect, use and protect Your personal data. However, information posted on the Community is public and therefore not protected and can be easily obtained and used by others.
User Content
Content Ownership. You retain all ownership rights to content uploaded to the Site.
Content License. By submitting content to the Community, you grant the Lansweeper a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Community and the Lansweeper’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Community (and derivative works thereof) in any media formats and through any media channels.
Third Party Content. Through the Community, you will have the ability to access and/or use content provided by third parties. Lansweeper cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third party content.
Copyright Policy
Lansweeper respects the intellectual property rights of others and expects users of the Community to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
Moderators
Lansweeper reserves the right to manage the Postings on the Community to provide an orderly presentation of this information. To effectively manage the Community, Lansweeper may designate employees or others to act as moderators and administrators for the Community ("Moderators"). These Moderators are the only representatives of Lansweeper authorized to manage the Lansweeper Community. Lansweeper is not responsible for content provided by any Lansweeper employee who is not designated as a Moderator or an Employee.
Community Monitoring
Users are asked to help Lansweeper keep the Lansweeper Community a valuable and enjoyable information resource for all participants by notifying us of any offending messages or other violations of these Terms. To advise us of such a posting, click the confidential "Report Inappropriate Content" link on the applicable post. Repeat offenders will be contacted by email and eventually banned from the Lansweeper Community. If violations are egregious in nature, we will contact the appropriate authorities.
Modification and discontinuance of the Lansweeper Community
Lansweeper reserves the right at any time to delete, modify, suspend, or discontinue, temporarily or permanently, the Community (or any part of the Community, including any Postings) with or without notice. Users agree that Lansweeper will not be liable to users or third parties for any modification, suspension, or discontinuance of the Community.
Termination
A user's privilege to utilize or access the Lansweeper Community may be terminated by Lansweeper immediately and without notice if the user fails to comply with any term or condition of the Terms. Upon such termination, the user must immediately cease accessing or utilizing the Lansweeper Community and agree not to re-register or otherwise make use of the Lansweeper Community with any other email. Furthermore, the user acknowledges that Lansweeper reserves the right to take action - technical, legal, or otherwise - to block, nullify, or deny the user's ability to access the Lansweeper Community. The user understands that Lansweeper may exercise this right in its sole discretion.
Disclaimer of Warranties and Limitation of Liability
MOST OF THE CONTENT POSTED TO THE LANSWEEPER COMMUNITY IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH LANSWEEPER. THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT LANSWEEPER DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR, THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT LANSWEEPER IS NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD LANSWEEPER, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF POSTING SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH LANSWEEPER COMMUNITY, USE OF LANSWEEPER COMMUNITY, VIOLATION OF THE TERMS OR VIOLATION OF ANY RIGHTS OF ANOTHER.
THE CONTENT ON COMMUNITY IS "AS IS" AND CARRIES NO WARRANTIES. LANSWEEPER DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE COMMUNITY, REGARDLESS OF WHO ORIGINATES THAT CONTENT. LANSWEEPER DOES NOT WARRANT THAT THE COMMUNITY IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT.
LANSWEEPER IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE COMMUNITY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LANSWEEPER AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF LANSWEEPER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN LANSWEEPER AND YOU.
Miscellaneous
In the event of a conflict between these Terms and Community User Guidelines these Terms prevail.
The agents and employees of Lansweeper (including Moderators) are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Lansweeper.
Any waiver of the Terms by Lansweeper must be in a writing signed by an authorized officer of Lansweeper and expressly referencing the applicable provisions of the Terms.
Your privilege to use or access the Community may be terminated by Lansweeper immediately and without notice if you fail to comply with any of the Terms. Upon such a termination, you must immediately cease accessing or using the Community.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and the provision declared to be unlawful or unenforceable will be considered as automatically replaced by a similar provision that is lawful and enforceable.
These Terms are exclusively governed by Belgian law, without regard to its conflicts of laws rules or principles. In the event of any controversy solely the courts of Lansweeper NV’s registered seat in Belgium will be competent. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these Terms or to any dispute or transaction arising out of these Terms.
