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Terms of Service - Updated on Dec 8, 2021

olivierlp
Community Manager

Terms of Service - Updated on Dec 8, 2021

Community Terms of Service updated On December 8th 2021

 

1 - Community Agreement

 

By using or accessing the PTC Community, you agree (i) that you are 13 years old and the minimum age of digital consent in your country, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and agree to be bound by the PTC Community Terms of Use (this “Agreement”), and (iii) if you are between 13 (or the minimum age of digital consent, as applicable) and the age of majority in your jurisdiction, that your legal guardian has reviewed and agreed to the terms of this Agreement.  This Agreement includes the PTC website terms and conditions, privacy policy, and data processing terms and conditions. The terms of this Agreement together constitute the entire and only agreement between PTC and you with respect to the PTC Community.

 

In its sole discretion and without prior notice, PTC may modify the terms of this Agreement at any time and in any manner. PTC will publish a notification on the PTC Community. If any modification to the terms of this Agreement is unacceptable to you, you must immediately stop accessing or using the PTC Community in any way. YOUR CONTINUED ACCESS OR USE OF THE PTC COMMUNITY FOLLOWING ANY MODIFICATION TO THE THIS AGREEMENT SHALL BE CONCLUSIVELY DEEMED AS ACCEPTANCE OF SUCH MODIFICATION(S).

 

2 - Content – Submissions

 

"Content" includes any material submitted by a user to the PTC Community.  All Content is deemed provided on a non-confidential basis. If you provide any ideas, suggestions, or recommendations to the PTC Community regarding PTC’s products, technologies or services (“Feedback”), PTC may use such Feedback and incorporate it in PTC’s products, technologies, and services without paying royalties and without any other obligations or restrictions. You also grant PTC and all users of the PTC Community the permission to use your Content and Feedback for all commercial or noncommercial uses. You represent and warrant that you either own, or have all the necessary intellectual property rights in, your Content and Feedback and that your Content and Feedback is non-infringing on the patent, copyright, trademark or other intellectual property rights of others. YOU, AND NOT PTC, ARE LIABLE FOR ANY DAMAGES AND PENALTIES RESULTING FROM INFRINGEMENT OF COPYRIGHTS, PROPRIETARY RIGHTS, OR ANY OTHER HARM ARISING FROM SUCH SUBMITTING, POSTING, OR PROVIDING OF CONTENT AND FEEDBACK.

 

PTC employees or agents may, but are not required to, engage with you and other members of the PTC Community to answer questions, provide troubleshooting tips, and otherwise facilitate discussion. Any information contributed through the PTC Community, whether by other users or by PTC employees or agents, is provided for informational purposes only, and you are responsible for your own decisions to act upon the information provided in the PTC Community.

 

3 - Rules of Use

 

The PTC Community is open to all points of view on the intended business-related topics, and PTC is committed to maintaining a comfortable environment for all users. PTC encourages participation, as exchanges of information, perspectives and ideas provide important benefits to all participants. As a participant, you must interact with other users respectfully, as you would in any public or professional arena.

 

By accessing the PTC Community, you agree not to:

 

  • Engage in, promote, or advocate any illegal activity or fraudulent schemes of any kind.
  • Submit Content that you know is false, inaccurate, libelous, or otherwise misleading in any way. Any information you provide, including during registration, must be true, accurate, complete and current.
  • Submit Content that contains any computer viruses, worms, or other potentially damaging computer programs or files.
  • Transmit material you do not have the right to post or transmit under law or due to your personal contractual or fiduciary relationships.
  • Post material that violates any applicable law or regulation.
  • Use the PTC Community in any manner that could damage, disable, overburden, or impair PTC servers or networks, or interfere with any other user's use and enjoyment of the PTC Community.
  • Attempt to gain unauthorized access to any services, screen names, computer systems or networks.
  • Submit indecent, profane, sexually explicit, obscene, or pornographic material of any kind.
  • Make threats, personal attacks, or use abusive, defamatory, derogatory, or inflammatory language, or engage in stalking or harassment of any kind.
  • Post discriminatory or hateful speech of any kind regarding age, gender, race, religion, nationality, sexual orientation, or disability.
  • Engage in any spamming or excessive posting, or submit Content that is disruptive, off-topic, or otherwise interfere with the ability of others to enjoy or comfortably use the Community.
  • Post any personal or identifying information about another person, including addresses, email addresses, contact information, or phone numbers (and you should use care in posting your personal or identifying information).
  • Post unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid or multi-level marketing schemes, or use automated means to download data from the PTC Community.
  • Obtain email address of the PTC Community users with the intent to contact users of this community directly to promote your business or services.
  • Infringe on any party's copyright, patent, trademark, trade secret, intellectual property or other proprietary rights, or right of publicity or privacy.

4 - Monitoring - Warnings, Suspensions, and Terminations

 

You acknowledge that PTC, in its sole discretion, may, but is not required to, deny, terminate or restrict your access to the PTC Community if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of this Agreement, or for any other reason or no reason at all.  PTC shall not be liable to you or any third party for denial, termination or restriction of PTC Community access. PTC has the right, but not the obligation, to investigate complaints, issue warnings, or edit or remove uploaded files, content and postings in its sole discretion.

 

5 - Operation – File Uploading/Downloading

 

PTC will make reasonable efforts to keep the PTC Community operational at all times, but PTC does not guarantee that it will be available for use at any particular time. There may be service interruptions due to hardware or software failures, periodic maintenance procedures, or other factors.

 

Do not rely on the PTC Community for the safe and secure storage of any materials, such as documents, files and software. The PTC Community is not designed to be a primary place to store any of these materials, and PTC is not responsible for the alteration, deletion or loss of any stored items. Create back-ups for any materials that you contribute to the PTC Community.    

 

You may upload to the PTC Community any file type enabled on the Community to participate in particular discussion areas. By uploading Content to the Community, you warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware.

 

While PTC will take reasonable care to remove inappropriate files from the PTC Community, PTC is not responsible for the contents of any files present in the PTC Community. PTC cannot guaranty their quality, safety or suitability, nor can it support the use of any particular file downloaded from the PTC Community. All files downloaded from the PTC Community are used entirely at your own risk. Users should take standard precautions when downloading and using any files from PTC Community, including checking files for the presence of any viruses.  Files downloaded from the PTC Community may not be shared with others who are not registered users of the PTC Community or who have not agreed to be bound by these terms. 

 

6 - Third Party Sites, Materials and Offerings

 

The PTC Community may contain links to non-PTC websites ("third party websites"). PTC is not responsible for the content of any third-party website or other links contained in a third-party website. The inclusion of a link within the PTC Community does not imply any endorsement by or any affiliation with PTC or the third-party websites. Access to any third-party website is at your own risk, and you should be aware that third-party websites may contain terms and policies that are different from the PTC Community. PTC is not responsible for such provisions and expressly disclaims any liability for them.

 

In connection with your use of the PTC Community, you may be made aware of services, products, articles, offers, and promotions provided by third parties, and not by PTC. If you decide to use these third-party offerings, you are responsible for reviewing and understanding the terms and conditions governing those offerings and you understand and agree that the third party, and not PTC, is responsible for the provision of those offerings.

 

7 - Disclaimer of Warranty

 

THE PTC COMMUNITY AND ANY INFORMATION PROVIDED IN THE PTC COMMUNITY ARE PROVIDED BY PTC ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PTC DOES NOT WARRANT THAT THE PTC COMMUNITY WILL BE UNINTERRUPTED OR ERROR FREE, OR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE ACCESS TO OR USE OF THE PTC COMMUNITY. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PTC, ITS EMPLOYEES, AGENTS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

 

8 - LIMITATION OF LIABILITY & INDEMNITY 

 

IN NO EVENT SHALL PTC BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PTC COMMUNITY OR THE CONTENT, EVEN IF PTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. THESE LIMITATIONS MAKE IT POSSIBLE FOR PTC TO PROVIDE THE PTC COMMUNITY TO YOU AND YOU HEREBY ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE, SERVICES, OR OTHER MATERIAL AVAILABLE THROUGH THE PTC COMMUNITY.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

You agree to defend, indemnify, and hold harmless PTC, its officers, directors, employees, affiliates, agents, licensees, licensors, or the like from any losses, damages, liabilities, claims and expenses (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions), related to any claim arising out of any breach by you of this Agreement or arising in connection with your placement, posting, submission, or transmission of any Content on or to the PTC Community, or sharing any Content of others that you’ve downloaded from the PTC Community. You shall use your best efforts to cooperate with PTC in the defense of any such claim.

 

9 - Miscellaneous

 

You agree to abide by U.S. export laws and not to transfer, by electronic transmission or otherwise, any Content derived from the PTC Community to a prohibited foreign destination without first obtaining any required government authorization. You further agree not to upload to the PTC Community any data or software that cannot be exported without prior written government authorization including, but not limited to, certain types of encryption software.

 

Personal data will be processed in accordance with PTC’s Privacy Policy and DPA. It is a feature of this Community that community user email addresses (and other personal information) may be visible to other approved users of the Community, and the Community Terms of Service prohibit the use of the email address and personal information of other users of the Community for purposes not linked to the Community.

 

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, except those laws relating to conflict or choice of laws. The state and federal courts located in Massachusetts shall have nonexclusive jurisdiction of all matters and disputes arising under this Agreement or the PTC Community.

 

10 - Copyright

 

PTC will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act of 1998 (DMCA). The DMCA provides procedures for copyright owners to notify an online service provider concerning alleged copyright infringement. When a valid DMCA Notification is received, PTC will respond by taking down the offending Content. PTC will then take reasonable steps to contact the party that originally posted the removed Content so that a Counter Notification may be filed. If PTC receives a valid Counter Notification, PTC will provide the original complaining person, with a copy of the Counter Notification and (ii) replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days unless PTC receives notice from the original complaining person that an action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. PTC may provide copies of such notices to the participants in the dispute, or to any other third parties, at PTC’s discretion and as required by law. PTC's privacy policy does not protect these notices or related information.

 

For a Notification to be valid it must meet the requirements imposed by the DMCA (see https://www.copyright.gov/ or its successor site for details).

 

DMCA Notifications and Counter-Notifications should be directed to PTC DMCA Copyright at the address set forth below:

 

PTC DMCA Copyright

Legal Department

121 Seaport Blvd, Boston, MA 02210

Email: 

Fax: 781-707-0537

 

 

 

 

Olivier
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