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Updated Terms of Service

By genieki posted Nov 15, 2011 12:18 PM

  

Airheads Social Terms of Service

Airheads Social Community Terms of Service outlined below, together with the Aruba Networks, Inc. (“Aruba”) Privacy Policy http://www.arubanetworks.com/privacy-policy and Terms of Use http://www.arubanetworks.com/terms-of-service(collectively, known as the “Terms”) govern Airheads Social Community usage.  You are accepting the Terms by accessing or using Airheads Social Community.  Aruba reserves the right to modify the Terms at any time.

 

Appropriate Conduct
The Airheads Social Community is intended to be a vibrant community of engineers professionally engaged with wireless LANs, network security, and mobile devices and applications. We strive to create a positive experience for all Airheads Social Community members.  All members can make valuable contributions.  We ask all members to be considerate, respectful, and productive with their contributions as well as in their interactions with others in the community.  Moreover, please resolve conflicts and differences of opinion with other members constructively.   If you have questions on how to come to a resolution please ask Aruba moderators for guidance.  

 

Ask questions.  Aruba moderators are identified with an orange icon and “MOD” label.   If you prefer to send an e-mail please contact communitysupport@arubanetworks.com.

 

Note that use of this site is not intended to be a substitute for Aruba technical support.   If you need help using Aruba products, please send an email to Technical Support:
North America, Latin America, APAC:  support@arubanetworks.com
EMEA:  emea_support@arubanetworks.com

1.  Proper Use. Please provide true, accurate, current, and complete information. If, after investigation, Aruba suspects that your information is untrue, inaccurate, not current or incomplete, Aruba may suspend or terminate your account and prohibit any and all current or future use of Airheads Social. To be eligible to use the Airheads Social Community, you represent and warrant that you are 13 years of age or older.  You also agree that you will not use our sites to take any of the following actions:
a. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;

b. Post any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

c. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;

d. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;

e. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

f. Interfere with or disrupt our sites, servers, or networks;

g. Impersonate any person or entity, including, but not limited to, an Aruba representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

h. Engage in any illegal activities;

i. Disclose or solicit the private information of any person.  You shall be responsible for the use by third parties of any personal information disclosed by you to the Airheads Social Community, whether or not such use was permitted by you.  You agree to indemnify, defend and hold harmless Aruba and Aruba’s hosted service provider, Lithium Technologies, Inc. (“Lithium”), from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by Aruba and/or Lithium in connection with any claim, including any liability or expense arising from all claims of every kind and nature arising out of such disclosure, solicitation, or use.


2. Permitted Actions by Aruba. Aruba retains the right to take any of the following actions, in our sole discretion, at any time and for any reason without prior notice:
a.  Restrict, suspend, or terminate your access to all or any part of Airheads Social;

b. Change, suspend, or discontinue all or any part of Airheads Social;

c. Refuse, move, or remove any material that you submit to Airheads Social for any reason;

d. Refuse, move, or remove any content that is available on Airheads Social;

e. Establish general practices and limits concerning use of Airheads Social.

Aruba will not be liable to you or any third party for taking any of these actions.

 

3. Content Management. You agree to use Airheads Social only to send and receive information and materials that are proper and related to the content of Airheads Social.  Please stay on topics that are relevant to community purpose.  We will edit or remove any posting we consider to be a violation of the Terms or that we deem inappropriate.

4. User Contributions. Airheads Social is designed for you to contribute content and participate in discussion threads and other forums. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you make available on Airheads Social. You represent that you own all intellectual property rights in the materials you contribute. Aruba shall have the right to retain and use comments, ideas, suggestions, data, or any other information you provide, for any purpose and without any further consent, notice, or compensation to you or to any third parties. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish the materials you contribute.


5. Copyright Violations. Aruba’s policy is to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on Airheads Social in a way that constitutes copyright infringement, notify Aruba’s copyright agent with the following information in writing:
a. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

b. Identification of the copyrighted work that you claim has been infringed;

c. Identification of the material that is claimed to be infringing including the location on Airheads Social.

d. Your name, address, telephone number, and email address.

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

f. A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:


Damien Eastwood
General Counsel
deastwood@arubanetworks.com
408-513-8875

After receiving a claim of infringement, Aruba will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Aruba will promptly remove or disable access to any material claimed to be infringing and take reasonable steps to notify you that the material has been removed.

6. No Warranty. We do not guarantee the accuracy, the integrity, or the quality of the content on Airheads Social, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in any part of Airheads Social. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable. All of the content provided in Airheads Social are provided “as is” and Aruba does not represent that any of the content is reliable, accurate, complete, or otherwise valid.

ACCORDINGLY, ARUBA, ITS SUPPLIERS AND OTHER PARTICIPANTS CONTRIBUTING INFORMATION TO
AIRHEADS SOCIAL DO NOT WARRANT THAT SUCH INFORMATION OR THE FUNCTIONS CONTAINED IN ANY PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ANY PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION IS PROVIDED TO YOU WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.


7. Limitation of Liability. IN NO EVENT WILL ARUBA, ITS SUPPLIERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE INFORMATION OR PROGRAMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, THAT MAY ARISE OUT OF YOUR USE OF OR FAILURE TO USE THE INFORMATION OR PROGRAMS, EVEN IF ARUBA OR SUCH OTHER PARTICIPANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


8. Release and Waiver. You hereby agree to release, and waive all claims against Aruba, its suppliers or anyone else contributing to Airheads Social from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of Airheads Social.


9. Modifications of Terms. Aruba shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting to Airheads Social.


10. Indemnification. You hereby agree to indemnify, defend and hold Aruba and all of our officers, directors, employees and partners harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by Aruba in connection with any claim, including any liability or expense arising from all claims of every kind and nature arising out of your use of Airheads Social, the materials that you submit to Airheads Social, or your violation of the rights of any other person or entity. Aruba will provide you with written notice of such claim, suit or action.


11. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Santa Clara, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Aruba may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.


12. Miscellaneous. This Agreement constitutes the entire agreement between Aruba and you with respect to Airheads Social. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. The failure of Aruba to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This agreement shall be interpreted in accordance with the laws of the State of California.

 

Last Update:  11/15/2011

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