2. ONLINE SERVICES SOLD THROUGH PORTAL.
inBuilding offers a variety of online services for trial or purchase through this Portal (collectively, “Services”). These TOU do not govern the trial, sale, purchase or other use of the Services. The Services, including any updates, enhancements or new features, are governed by the agreement(s) under which you purchase or use them.
3. ACCEPTABLE USE.
As a condition of your use of the Portal, you must comply with the inBuilding Online Services Acceptable Use Policy.
4. ACCOUNT, PASSWORD AND SECURITY.
If any part of the Portal requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will also be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify inBuilding immediately of any unauthorized use of your account or any other breach of security. inBuilding will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by inBuilding or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Please read the Privacy notice for information about inBuilding’s collection and use of your personal information. The Services may be governed by their own privacy statement(s), as referenced in the applicable agreements and sign-up processes specific to each Service.
6. NOTICE REGARDING PORTAL AND SOFTWARE OR DOCUMENTS AVAILABLE VIA THE PORTAL.
IN NO EVENT WILL INBUILDING AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PORTAL, INCLUDING WITHOUT LIMITATION ANY SOFTWARE OR DOCUMENTS AVAILABLE VIA THE PORTAL.
7. SOFTWARE AVAILABLE FROM THE PORTAL.
Any software that is made available to download from the Portal (“Software”) is the copyrighted work of inBuilding and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil or criminal penalties. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, INBUILDING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, INBUILDING MAY MAKE AVAILABLE THROUGH THE PORTAL TOOLS OR UTILITIES FOR USE AND/OR DOWNLOAD. INBUILDING DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS OR UTILITIES. RESTRICTED RIGHTS LEGEND. Any Software downloaded from the Portal for or on behalf of the United States of America, its agencies or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is inBuilding Corporation, One inBuilding Way, Redmond, WA 98052-6399.
8. DOCUMENTS AVAILABLE FROM THE PORTAL.
Permission to use documents, such as help topics, white papers, datasheets and FAQs (collectively, “Documents”), that are made available on the Portal is granted, provided that (a) you do not remove or obfuscate any copyright notice, (b) the copyright notice must appear in all copies, together with the content of this permission notice, (c) use of the Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (d) no modifications of the Documents are made. Use for any other purpose is expressly prohibited by law, and may result in civil or criminal penalties. Documents specified above do not include the design or layout of the Portal. Elements of the Portal are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Portal may be copied or retransmitted unless expressly permitted by inBuilding. INBUILDING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. THE DOCUMENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. INBUILDING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Portal may contains a Communities link to bulletin board services, chat areas, news groups, blogs, forums, wikis, communities, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images or photographs.
- Upload or otherwise make available, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, which are made available through the Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Portal or other user or usage information or any portion thereof.
inBuilding has no obligation to monitor the Communication Services. However, inBuilding reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. inBuilding reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. inBuilding reserves the right at all times to disclose any information as inBuilding deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in inBuilding’s sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. inBuilding does not control or endorse the content, messages or information found in any Communication Services and, therefore, inBuilding specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized inBuilding spokespersons, and their views do not necessarily reflect those of inBuilding. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
10. INBUILDING ONLINE SERVICES ID.
To use the Portal, you must have a inBuilding Online Services ID – a multi-purpose authentication Web service that makes it easy for you to sign in to web sites or inBuilding Online Services. If you do not have a inBuilding Online Services ID, your organization will be required to create one for you. Please see the administrator within your organization for further information. These TOU apply whenever you use your inBuilding Online Services ID.
We may cancel or suspend your access to the inBuilding Online Services ID network at any time without notice and for any reason. Reasons for cancellation may include, but are not limited to, our ceasing to provide the Services in your region or your breach of these TOU, failure to sign in to the inBuilding Online Services ID network during a 90-day period, or failure to pay fees you owe us or our agents. If we cancel your inBuilding Online Services ID credentials, your right to use the inBuilding Online Services ID stops immediately. Cancellation of the credentials will not alter your obligation to pay all charges made to your billing account for use of any Services to which you subscribe.
11. INTELLECTUAL PROPERTY RIGHTS.
inBuilding or its suppliers retain all right, title and interest in and to the Portal, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. inBuilding reserves all rights not expressly granted. These TOU do not grant or imply any rights to any inBuilding or supplier trademarks, trade names or logos.
12. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.