GC Terms and Conditions

Document created by fran.schwarzmann on Jun 10, 2016Last modified by fran.schwarzmann on Aug 15, 2016
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Turbonomic –  The Green Circle Terms and Conditions

 

Turbonomic’s The Green Circle is a social business platform that is intended for the exclusive use of Turbonomic, Inc., its subsidiaries, employees and authorized third-party contractors (collectively,  “Turbonomic”) as well as Turbonomic's customers, prospects, users if its technology and guests in order to create value for community participants, as well as otherwise to further Turbonomic's business purposes..

 

 

Overview

 

By accessing, browsing, or using The Green Circle, you acknowledge that you have read, understood, and agree to be bound by these terms.

 

Turbonomic may, without notice to you, at any time revise these Terms and Conditions and any other information contained in The Green Circle by updating these Terms and Conditions. We may also make improvements or changes within The Green Circle at any time without notice.

 

Your failure to comply with the Terms and Conditions, notices and rules on this site, or engaging in behavior that does not further the purpose of The Green Circle may result in your removal from The Green Circle, without prior notice, and could be cause for legal action against you.

 

Additional or different terms, conditions, notices and rules may apply to specific materials and information offered through The Green Circle.  Such other terms, conditions, and notices, such as the Privacy Policy and Community Guidelines are incorporated by reference into these Terms & Conditions.  In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms and Conditions. Please see the applicable agreement or notice.

 

 

Turbonomic’s Intellectual Property

 

The Green Circle contains proprietary notices and copyright information, the terms of which must be observed and followed.

 

You may not copy, reproduce, republish, upload, post, transmit, distribute or use to create derivative works, The Green Circle or any content within The Green Circle  Turbonomic's prior written consent, except that Turbonomic grants you non-exclusive, non-transferable, limited permission to access and display The Green Circle pages, solely on your computer for Turbonomic business purposes.  This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. This license is revocable at any time without notice and with or without cause.  Notwithstanding the foregoing, any materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

 

Except for the limited permission in the preceding paragraph, Turbonomic does not grant you any express or implied rights or licenses under any trademarks, copyrights, patents or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media.

 

 

Users’ Intellectual Property

 

The Green Circle may provide you with the ability to create, post, or share content.

 

By creating, posting, or sharing content on or through The Green Circle, and subject to Turbonomic’s Privacy Policy, you grant us a world-wide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, or display such content on The Green Circle.  You waive any rights you may have regarding such content being altered or manipulated in any way that may be objectionable to you.  This license will terminate when you close your The Green Circle account. Turbonomic reserves the right to refuse to accept, post, display, or transmit any content in its sole discretion.

 

You understand and agree that you will not obtain, as a result of your use of The Green Circle, any right, title, or interest in or to such content delivered via The Green Circle or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.

 

You represent and warrant that: you own the content posted by you on or through The Green Circle or otherwise have the right to grant the license set forth in these terms, (ii) the posting and use of content you post on or through The Green Circle does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of content on The Green Circle does not result in a breach of contract between you and a third party.  You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through The Green Circle.  You also acknowledge and agree that content you post is non-confidential and non-proprietary to you.

 

 

Copyright Policy

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that electronic material infringes their rights under U.S. copyright law.  If you believe in good faith that materials posted on The Green Circle infringe your copyright, you (or your agent) may send Turbonomic a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.  The notice must include the following information:

  1. 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  2. 2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on The Green Circle are covered by a single notification, a representative list of such works);
  3. 3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Turbonomic to locate the material on The Green Circle;
  4. 4. Your name, address, telephone number, and email address (if available);
  5. 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.

 

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to The Green Circle should be sent to:

 

Turbonomic, Inc.

Attention:  Legal

500 Boylston Street, 8th Floor

Boston, MA  02116

 

Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

 

 

Certain disclaimers

 

Information on The Green Circle is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors.  You accept that any reliance on material posted by Turbonomic, other users, or third-party service providers will be at your own risk.  Turbonomic assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information.

 

You are solely responsible for the content you post on The Green Circle.  Turbonomic does not endorse any, nor is it responsible for user content posted on The Green Circle.  You assume all risks associated with the content you post, including anyone’s reliance on its quality, accuracy, or reliability.  You may expose yourself to liability if, for example, such content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.  Turbonomic may review and remove any content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of The Green Circle.

 

Turbonomic provides no assurances that any reported problems will be resolved by Turbonomic, even if Turbonomic elects to provide information with the goal of addressing a problem.

 

 

Confidential information

 

The Green Circle will be used to communicate confidential or proprietary information.  Please note that any information or material transmitted via The Green Circle may be viewed by your employees who should not have access to such information.  It is your responsibility to ensure that your employees or third-party contractors who have access to the information that you post are authorized to see such information.

 

 

Privacy

 

Your privacy is very important to us.  Personal information you provide will be secured in accordance with industry standards and technology and existing Turbonomic practices and policies.

 

You are responsible for maintaining the secrecy of your unique password and for controlling access to your desk top, laptop or mobile device at all times while accessing The Green Circle.  You agree to notify us immediately of any breach in secrecy of your log-in information.  If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately change your password and notify us by contacting your IT Service Center.

 

You have choices about the level and amount of information that you provide about yourself through The Green Circle.  You can:

 

  • Review, enhance or edit your personal information through your profile page;
  • Control what information you make available to your colleagues through your profile; and
  • Change your settings to control visibility and accessibility through The Green Circle; and

 

Certain contact information (e.g., name, job title, e-mail and telephone number) will be available for all members of The Green Circle.  However, you can limit what other personal information is available through your profile on The Green Circle .  Think carefully before you post your own personal information and never post the personal information of others without proper consent or approvals.  Please ensure that the information that we hold about you is accurate and up to date by keeping Turbonomic informed of any changes to your Personal Data that you become aware of.

 

In the course of operating The Green Circle, we may transfer some or all of your Personal Data to Turbonomic, and within the Turbonomic Companies to the extent permitted by and in accordance with applicable local law. This may mean that your Personal Data is stored outside the country in which you live or work, most like in the United States.  The Turbonomic Companies demonstrate our commitment to data privacy by subscribing to the U.S. Safe Harbor programs that were negotiated between and approved by the United States and the European Union, and the United States and Switzerland and there is a Turbonomic Companies-wide Employee Data Protection Policy requiring adherence to data protection measures for human resources-related Personal Data.

 

 

General Terms

 

These Terms constitute the entire agreement between you and Turbonomic concerning your use of The Green Circle.  Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.  If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect.  The section titles in these terms are for convenience only and have no legal or contractual effect.

 

These Terms and Conditions were written in English.  To the extent that any translated version of these Terms and Conditions conflicts with the English version, the English version controls.  Translations are provided as a convenience to The Green Circle users, and Turbonomic makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person.

 

 

 

Date of Last Revision: August 15, 2016.

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