Forum Terms

Last Updated: 7/28/17

The following Forum Terms (“Forum Terms”) apply to use of the discussion forum(s) for Cognitect’s Datomic Products (“Discussion Forum”), which are made available as part of the “Datomic Products” (collectively, Datomic Starter, Datomic Pro, Datomic Enterprise, and Datomic Cloud). The Forum Terms are subject to and incorporated by reference into the Datomic EULA (the “Agreement”). In the event of a conflict between the Forum Terms and the Agreement, the terms and conditions of these Forum Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein will have the meaning set forth in the Agreement.

  1. Eligibility. You must be at least 13 years of age to use the Discussion Forum. By using the Discussion Forum or agreeing to these Forum Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Discussion Forum; and © your registration and your use of the Discussion Forum is in compliance with all applicable laws and regulations.

  2. Accounts and Registration. To access some features of the Discussion Forum, you may be required to create a separate account for the Discussion Forum. You agree to keep your registration information for the Discussion Forum up to date and protect your password for the Discussion Forum in accordance with Section 2 of the Agreement.

  3. User Content

    1. User Content Generally. Certain features of the Discussion Forum may permit users to upload content to the Discussion Forum, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Discussion Forum. Only information that is uploaded to the Discussion Forum is considered User Content. You retain copyright and any other proprietary rights that you may hold in such User Content. You retain rights in your Customer Data in accordance with Section 5.2 of the Agreement. Please see the Agreement for more information regarding use of your Customer Data.

    2. Limited License Grant to Cognitect. By posting or publishing User Content, you grant Cognitect a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

    3. Limited License Grant to Other Users. By posting or sharing User Content with other users of the Discussion Forum, you grant those users a non-exclusive license to access and use that User Content as permitted by these Forum Terms and the functionality of the Discussion Forum.

    4. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:

      a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Cognitect and users of the Discussion Forum to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Cognitect, the Discussion Forum, and these Forum Terms; and

      b. your User Content, and the use of your User Content as contemplated by these Forum Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Cognitect to violate any law or regulation.

    5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Cognitect may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Forum Terms or is otherwise objectionable. You understand that when using the Discussion Forum you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Cognitect with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Forum Terms or the Agreement, Cognitect may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Cognitect does not permit copyright-infringing activities on the Discussion Forum.

  4. Digital Millennium Copyright Act

    DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Discussion Forum, you may contact our Designated Agent at the following address:

    Cognitect Inc.
ATTN: Legal Department (Copyright Notification)
303 S. Roxboro Street, Suite 20
Durham, NC 27701
E-mail: info@cognitect.com

    Any notice alleging that materials hosted by or distributed through
    the Discussion Forum infringe intellectual property rights must
    include the following information:

    a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

    b. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;

    c. a description of the material that you claim is infringing and where it is located on the Discussion Forum;

    d. your address, telephone number, and email address;

    e. a statement by you that you have a good faith belief that the use of those materials on the Discussion Forum is not authorized by the copyright owner, its agent, or the law; and

    f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

    Repeat Infringers. Cognitect will promptly terminate without notice the accounts of users that are determined by Cognitect to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Discussion Forum at least twice.

  5. Prohibited Conduct. BY USING THE DISCUSSION FORUM YOU AGREE NOT TO:

    a. use the Discussion Forum for any illegal purpose or in violation of any local, state, national, or international law;

    b. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

    c. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

    d. interfere with security-related features of the Discussion Forum, including by disabling or circumventing features that prevent or limit use or copying of any content;

    e. interfere with the operation of the Discussion Forum or any user’s enjoyment of the Discussion Forum , including by: (a) making any unsolicited offer or advertisement to another user of the Discussion Forum; or (b) attempting to collect personal information about another user or third party without consent;

    f. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Discussion Forum account without permission, or falsifying your age or date of birth;

    g. attempt to do any of the acts described in this Section 5, or assist or permit any person in engaging in any of the acts described in this Section 5.

  6. Third-Party Services and Linked Websites. Cognitect may provide tools through the Discussion Forum that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on the Discussion Forum with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Discussion Forum may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

  7. Termination of Use; Discontinuation and Modification of the Discussion Forum. If you violate any provision of these Forum Terms, your permission from us to use the Discussion Forum will terminate automatically. In addition, Cognitect may in its sole discretion terminate your user account on the Discussion Forum or suspend or terminate your access to the Discussion Forum at any time for any reason or no reason, with or without notice. We will have no liability whatsoever on account of any change to the Discussion Forum or any suspension or termination of your access to or use of the Discussion Forum. You may terminate your account on the Discussion Forum at any time by contacting customer service at support@cognitect.com.

  8. Indemnity. Without limiting Section 11 of the Agreement, you acknowledge that you are responsible for your use of the Discussion Forum, and you will hold harmless and indemnify Cognitect and Partners from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Discussion Forum; (b) your violation of any portion of these Forum Terms, any representation, warranty, or agreement referenced in these Forum Terms, or any applicable law or regulation; or (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.