Terms & Conditons
BY REGISTERING WITH IT Discover (itdiscover.com), YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you do not agree with the terms and conditions of this Agreement, do not complete the registration process.
This Member Agreement ("Agreement"), including the Legal Notices
This Agreement may be modified from time to time. This Agreement supersedes any prior agreements. The current version applies to your use of the Services and the Site both now and in the past.
We require a registration process so that you may choose a member name ("Member Name" or "Login" or "Login Name") and a password, and so that we may permit you to use this service. Your Member Name will be used to identify you on IT Discover. You may log in to IT Discover, use the Services or modify your information, only through your Member Name and password. You may not have more than one account or Member Name, and only one email address
for your use of the Limited Service. By registering, you certify that the email address you provide in the registration is accurate and belongs to you; otherwise we have the option of suspending your account with IT Discover.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your Member Name and password. You agree to notify IT Discover immediately at email@example.com of any unauthorized
use of your account or any other breach of security you learn about.
To protect your privacy and the privacy of others, IT Discover uses Member Names to identify participants. We keep your email address and other information strictly confidential. You should refrain from using identifiers in choosing your Member
Name and in your postings that would compromise your privacy, such as your email address, URLs, full name, street address, telephone or fax numbers, place of employment, etc.
You are providing your electronic mail ("email") address for the purposes of registering to access this service. Correctly entering your email address is important so that you are able to participate in the collaboration process (e.g. you will receive email notifications when a problem/question you posted
receives a comment or a proposed solution.) Occasionally, you will receive newsletters, updates, information and notices, etc. with information that we deem to be of interest to the members of IT Discover. If you do not want to receive newsletters
and updates, you may opt out of those services when you register, or, after receiving the newsletters and updates, you may unsubscribe.
3. Guidelines for Use
IT Discover Services and Site are only available for use by individuals who are age 18 or over. The Services and Site may not be used by scripts, machines or automated services without express written consent of the site ownership.
IT Discover Services and Site may be used only for lawful purposes. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy,
international communications, and exportation of technical or personal data. You may not use the IT Discover Services or Site for any criminal or illegal activities or any activities that might be legally actionable.
IT Discover reserves the right to determine what constitutes Internet abuse and objectionable conduct. If IT Discover believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such
action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your membership and access to IT Discover Service.
Using a Member Name or posting, transmitting or linking to any text or images that are sexually explicit, pornographic, violent, racially or ethnically objectionable or grossly offensive to the online community.
Posting, transmitting or linking to defamatory and libelous statements or other statements that would violate any third party's privacy or publicity rights.
Posting, transmitting or linking to profane language, descriptions of situations or scenarios considered, in the opinion of IT Discover, inappropriate for the IT Discover membership.
Impersonating any person or using a name that you are not authorized to use could lead to a suspension.
Planning illegal activities, such as creating computer viruses, building a bomb or counterfeiting money or pirating software, Serial Numbers of products
for which you do not have a registered license.
Advertising, promoting in any way or offering to sell any goods or services
for any commercial purpose.
Soliciting individuals for employment other than in designated areas (for example, within a discussion thread).
Soliciting individuals to join other services comparable to or competitive with IT Discover.
Posting links in open questions or in personal profiles that lead to a competitor's site.
Promoting any products or services that are unlawful at the location at which
the content is posted or received.
Posting any content that infringes any third party's intellectual property
rights or violates any confidentiality agreements or contracts of employment.
Posting, transmitting or linking to statements that are intentionally false or misleading.
Introducing viruses, worms, harmful codes or Trojan horses.
Spamming, flaming or other similar activities, such as arguments between any one in a question.
Misusing the IT Discover point system.
Violating the guidelines for academic honesty or other unethical behavior, it is allowable to help a student with a project, but not doing it for them.
Violations of system and network security are strictly prohibited. You may not misuse system resources including but not limited to employing posts or programs which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts or auto-responders
other than for your own account. If you notice a problem with other members not following these Guidelines, please notify us by contacting Community Support.
4. Content License
IT Discover enables Members to post problems or questions, proposed solutions or answers, information, comments and other content ("Your Content") to its Site. When you post Your Content to the Site, you understand and agree that Your Content can be viewed and used by other Members who visit the Site.
You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by IT Discover and its affiliates will not infringe upon or violate the rights of any third party. Before you use IT Discover Services to post any information or content that is protected
by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.
By registering with IT Discover and posting Your Content on the Site, you hereby grant IT Discover a non-exclusive, perpetual, irrevocable, unrestricted, transferable,
fully sub-licensable, worldwide, royalty-free license to use, distribute, display,
reproduce, perform, modify, adapt, publish, translate and create derivative
works from Your Content in any form, media or technology, whether now-known
or hereafter developed. You also grant IT Discover and its affiliates and sub-licensees
the right to use the Member Name that you submit with Your Content for purposes
of attribution. If you do not wish to have Your Content attributed to you, then
you must notify IT Discover at firstname.lastname@example.org
5. IT Discover Property Rights
The layout, design, concept and organization of the IT Discover Site and Services
are subject to IT Discover's patents, copyrights and other intellectual property
rights. All rights are reserved.
You acknowledge and agree that IT Discover owns all right, title and interest
in (i) the Services; (ii) the Site; (iii) the technology available on the Services
or the Site; and (iv) all copyrights, patents, trademarks and other intellectual
property rights therein. Any use of the IT Discover Services, Site, technology,
and/or the copyrights, patents, trademarks or other intellectual property rights,
other than as described in this Agreement, is not licensed and is strictly prohibited.
You agree that you will obtain the express written permission from IT Discover
before you copy, upload, transmit, reproduce, distribute or in any way exploit
any IT Discover Services, technology and/or the copyrights, patents, trademarks
or the other intellectual property rights, obtained through the IT Discover Site.
In addition, you agree not to copy the layout, design, concept and organization
of the Site or Services during the Agreement and for a period of five years
after termination. This Agreement does not constitute a license to use IT Discover's
trade names, service marks or any other trade insignia. Any use of IT Discover's
trade names, services marks or any other trade insignia shall be subject to
IT Discover's prior written consent.
6. Agent for Notification of Claimed Infringement
If you believe Your Content has been used on the Site in a manner that constitutes
copyright infringement, please notify our designated agent at IT Discover at email@example.com
or follow the claim notification procedures set forth.
7. Disclaimers of Warranty
Other than providing a framework in which Members post problems or ask questions
and self-appointed Experts provide answers and/or comments, IT Discover does not
review or verify the content of postings at its Site. The Experts who participate
at IT Discover have not been licensed, certified or tested, nor have they met
any requirements other than completing our registration form, which has not
been reviewed or verified by us. You may review each Expert's information including
their profile, a list of questions answered and grades received, by clicking
on their Member Name.
YOU EXPRESSLY AGREE THAT USE OF IT Discover SERVICES IS AT YOUR SOLE RISK. THE
SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
IT Discover MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS
INCLUDED ON THE SITE. IT Discover DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IT Discover MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. IT Discover
DOES NOT WARRANT THAT THE SITE OR ITS SERVICES ARE FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL MATERIALS. NOR DOES IT Discover MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH
THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR
OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation on Liability
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE
THAT IN NO EVENT SHALL IT Discover, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING
OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES
("IT Discover AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER:
(i) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON
THE INFORMATION PROVIDED THROUGH THE SERVICES; (ii) FOR LOSS OR INACCURACY OF
DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (iii)
FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING
BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION,
EVEN IF IT Discover HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED
BY IT Discover SHALL BE CANCELLATION OF YOUR MEMBERSHIP TO THE SERVICES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED
TO THE EXTENT PERMITTED BY LAW.
IT Discover provides its Services and Site to Members on the assumption that Members
will act professionally and responsibly. If they do not, Members must bear full
responsibility for their actions. As a Member, you agree to defend, indemnify
and hold harmless IT Discover, its officers, directors, employees and agents from
and against all claims, demands, actions, suits, damages, liabilities and costs,
including reasonable attorneys' and experts' fees, related to or arising from
(i) any breach of your covenants under this Agreement; (ii) your use of the
Services or the Site; (iii) all conduct and activities occurring under your
Member Name and password; (iv) any defamatory, libelous or illegal material
contained within Your Content or your information and data; (v) any claim or
contention that Your Content or your information and data infringes any third
party's patent, copyright or other intellectual property rights or violates
any third party's rights of privacy or publicity; and (vi) any third party's
access or use of Your Content or your information and data. IT Discover reserves
the right, at its own expense, to participate in the defense of any matter otherwise
subject to indemnification from you, but shall have no obligation to do so.
You shall not settle any such claim or liability without the prior written consent
of IT Discover, which shall not be unreasonably withheld.
10. Point System, Payment and Services Features
Points are used as "currency" in the IT Discover Knowledge Community.
It is your responsibility to check your account regularly to ensure your account
balance is accurate. Members use question points ("Question Points")
to post questions at the Site, or to purchase Validated Solutions (also known
as "Previously Asked Questions" or "PAQs").
Experts who participate at the site earn points which do not have monetary
value and are not redeemable for cash, goods or services. Occasionally, IT Discover
may run promotions or contests where IT Discover uses the accumulation of Points
by each Expert for the purpose of scorekeeping. IT Discover reserves the right
to establish a monetary value for Expert Points. For further information, please
refer to the site's Help Desk.
11. Term, Termination
This Agreement shall be effective for as long as you use the Services.
Either you or IT Discover may terminate this Agreement with or without cause,
upon thirty (30) days notice to the other party. IT Discover may terminate this
Agreement immediately if, based on IT Discover's sole judgment, it determines
that you have (i) breached this Agreement or the Guidelines established for
the use of IT Discover Services or Site, (ii) infringed or violated any intellectual
property right of IT Discover or (iii) infringed or violated any intellectual
property right or privacy or publicity right of a third party.
The termination of this Agreement shall terminate your access to the Services.
Neither IT Discover nor any IT Discover Affiliate shall be liable to you or to any
third party for termination of the Services for any reason. The termination
of this Agreement does not relieve you of your obligation to pay any Fees accrued
or payable for use of the Services prior to the effective date of termination
of this Agreement.
Upon termination of this Agreement, the perpetual license you have granted
to IT Discover shall continue. Provisions, which by their nature would be expected
to survive termination, shall survive and remain in full force and effect in
accordance with their terms.
12. Export Control Compliance
You agree to abide by U.S. and other applicable export control laws and not
to transfer, by electronic transmission or otherwise, any content or software
subject to restrictions under such laws to a destination prohibited under such
laws, without first obtaining, and then complying with, any requisite government
authorization. You further agree not to upload to the Site any data or software
that cannot be exported without prior written government authorization, including,
but not limited to, certain types of encryption software.
The export control laws of the United States and other jurisdictions regulate
the export of certain technology. This includes email transmission of certain
information to foreign countries and foreign nationals. You agree to abide by
these laws. Regrettably, nations of Cuba, Iraq, Iran, Libya, North Korea, Afghanistan,
and Syria may not legally access IT Discover.
13. Consumer Rights
If you should have any complaints about IT Discover Services, or need further
information about the Services, contact Community Support at firstname.lastname@example.org.
14. No Assignment
Your rights and obligations under this Agreement shall not be transferred or
assigned directly or indirectly without the prior written consent of IT Discover.
If any provision of this Agreement or portion thereof is held to be invalid
or unenforceable, the remaining provisions shall continue in full force and
Except as explicitly stated otherwise, all notices permitted or required under
this Agreement shall be by email, to us at email@example.com, and to you at the
email address you provide IT Discover during the registration process, or to such
other address as either of us shall specify in writing as our addresses for
notice. Notice shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid. Evidence of successful
transmission shall be retained.
IT Discover may modify the terms of this Agreement at its sole discretion by
posting modifications on its website. Your continued use of the Services after
notice of modifications constitutes your acceptance of the modifications. If
you do not agree to the modifications, you should cancel your membership to
the Services and terminate this Agreement.