PostgresRocks.enterprisedb.com Terms and Conditions
EnterpriseDB Community Terms & Conditions
Rules of Conduct
The purpose of PostgresRocks.com is to voluntarily exchange information about PostgreSQL, EDB and EDB Postgres, its products and services. You expressly agree not to use any part of PostgresRocks.Com to:
You are solely responsible for the content of your computer and any transmissions you make when using PostgresRocks.Com.
Posts on any part of PostgresRocks.Com may be edited, moved, deleted or removed at any time and for any reason or no reason and without notice by any EDB employee or representative. EDB is not obligated to provide you with any reason or explanation for any post being edited, moved, deleted or removed. There is no means of appeal for any post or membership that is edited, moved, deleted or removed from PostgresRocks.Com. EDB reserves the right to temporarily or permanently withdraw PostgresRocks.Com membership at any time and for any reason or no reason. EDB is not obligated to provide you with any reason or explanation for any such membership withdrawal.
EDB does not guarantee a response to any post on PostgresRocks.Com. Specifically, support issues should be addressed via EDB's official support provisions and protocols. You understand that posts on PostgresRocks.Com are addressed to your peers and not EDB, and EDB does not guarantee that any support issue will be addressed on PostgresRocks.Com.
EDB does not make any warranty or guarantee that any information posted on any part of PostgresRocks.Com, whether or not such posting is made by an EDB employee, is accurate, complete or in anyway reliable. Any support issues or questions about EDB should be addressed via EDB's official customer support provisions and protocols. EDB disclaims any approval or liability related to any comments made on PostgresRocks.Com by a user or third party. Community Forum posts represent the statements and opinions of the individual third-party users and are not necessarily the opinion of EDB or its employees, partners and affiliates. EDB does not approve or disapprove of any Community Forum post.
EDB does not want to receive confidential or proprietary information from you through PostgresRocks.Com. Any material, information, or other communication you transmit or post ("Contributions") to PostgresRocks.Com will be considered non-confidential.
EDB has the right to use (in any way) any Contributions for any reason.
EDB may, but are not obligated to, monitor or review any areas on PostgresRocks.Com where users transmit or post communications or communicate solely with each other, including but not limited to user forums and the content of any such communications. EDB, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. EDB may edit or remove content on PostgresRocks.Com at their discretion at any time.
You agree to provide true, accurate, current, and complete information when registering with PostgresRocks.Com. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of PostgresRocks.Com.
Although sections of PostgresRocks.Com may be viewed simply by visiting PostgresRocks.Com, in order to access some Content and/or additional features offered at PostgresRocks.Com, you may need to sign on as a guest or register as a member. If you create an account on PostgresRocks.Com, you may be asked to supply your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access PostgresRocks.Com using your account or User ID.
Limitation of Liability/Indemnity/Disclaimer of Warranties
POSTGRESROCKS.COM AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EDB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. EDB MAKE NO REPRESENTATIONS OR WARRANTY THAT POSTGRESROCKS.COM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF POSTGRESROCKS.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EDB MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF POSTGRESROCKS.COM. EDB MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF POSTGRESROCKS.COM OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON POSTGRESROCKS.COM.
IN NO EVENT SHALL EDB OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE POSTGRESROCKS.COM, EVEN IF EDB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF POSTGRESROCKS.COM IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. EDB SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON POSTGRESROCKS.COM. YOUR PARTICIPATION IN POSTGRESROCKS.COM IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDB OR THROUGH EDB, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF POSTGRESROCKS.COM, THAT YOUR USE OF POSTGRESROCKS.COM IS AT YOUR SOLE RISK.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL EDB OR ANY OF THEIR AFFILIATES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE POSTGRESROCKS.COM OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH POSTGRESROCKS.COM OR FOR ANY INFORMATION OBTAINED THROUGH POSTGRESROCKS.COM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF EDB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
EDB’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH POSTGRESROCKS.COM WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT EDB WOULD NOT PROVIDE POSTGRESROCKS.COM ABSENT SUCH LIMITATION.
EDB does not offer formal customer support on PostgresRocks.Com. EDB employees or representatives may post on PostgresRocks.Com, but this activity should not be seen as a replacement for the official EDB support procedures and provisions. The goal of PostgresRocks.Com is to provide a platform for PostgresRocks.Com users who wish to exchange information about Postgres and its products and services. EDB has the right, but not the obligation, in its sole discretion, to pre-screen, refuse, move, remove or delete any submissions for any reason or no reason whatsoever and without any notice. You agree that you must evaluate, and bear all risks associated with the use of any information, including any reliance on the accuracy, completeness, or usefulness of such information, including any information that may be posted by any EDB employee. EDB's provision of PostgresRocks.Com should in no way be construed as endorsement or approval of any third-party product, service, comment, position or information that may be mentioned or referred therein or any of the comments or posts made by any individual or third party.
You agree to defend, indemnify and hold harmless EDB and its officers, directors, employees, owners, affiliates, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of PostgresRocks.Com, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity. You agree to use your best efforts to cooperate with EDB in the defense of any demand, claim, action or suit. EDB reserves the right to assume the exclusive defense of any matter subject to indemnification by you at EDB's own expense.
Digital Millennium Copyright Act Notice
EDB respects the intellectual property of others. EDB may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe any copyright, trademark, patent, trade secret or other intellectual property rights of others. If you believe that your work has been copied and is accessible at our website in a way that constitutes infringement, or that our website contains links or other references to another online location that contains material or activity that infringes your rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.
Our agent for notice of claims of copyright infringement on or regarding this website can be reached as follows: General Counsel, EnterpriseDB Corporation, 34 Crosby Drive, Suite 201, Bedford, MA 01730.
EDB may amend these Terms at any time and from time to time, for any reason or no reason and with or without notice to you. You manifest intent to accept any amended terms if you continue to use any part of PostgresRocks.Com after such amended terms have been posted. You may not amend these Terms without the prior written consent of EDB. Further, EDB reserves the right to modify or discontinue all or any part of PostgresRocks.Com at any time or from time to time, for any reason or nor reason and with or without notice. EDB shall not be liable to you or any third party should EDB exercise its right to modify or discontinue any part of PostgresRocks.Com.
Export Law Assurances
PostgresRocks.Com may be subject to United States Export Controls. No Community may be used (i) in or by any resident of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accepting these Terms and using any part of PostgresRocks.Com, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Personal Messaging (PM) System
EDB may make available, to members who qualify in the sole discretion of EDB, a personal messaging system ("PM System") that will allow such community members to communicate privately with each other. EDB reserves the right to, for any reason or no reason (including if EDB suspects that the PM System is being used to promote any activities that are unlawful, libelous, threatening, etc. or otherwise in violation of breach of the EDB acceptable use policy and/or terms and conditions of use) to read, delete or edit such private messages – without providing notice or any reason – and/or to remove you from and prevent your further use of the PM System. Any use of the PM System that is found to be unlawful, libelous, or in violation or breach of the EDB acceptable use policy and or terms and conditions of use, will see the PM System privileges withdrawn without reason or notice. EDB also reserves the right to take any further action it deems necessary or appropriate.
These Terms represents the complete agreement concerning the subject matter of the Terms and, except as set forth herein, may be amended only by a writing executed by both parties.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of the United States, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Boston, Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties specifically disclaim applicability of (i) the United Nations Convention on the Sale of Goods.
If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The term "Personally Identifiable Information" means your full name, physical address, email address, telephone number, or any other personal information which, alone or in combination with other information, permits third parties to contact you physically or online.
EnterpriseDB does not knowingly collect or solicit Personally Identifiable Information from anyone under the age of thirteen (13). If we learn that we have inadvertently obtained Personally Identifiable Information from a child under the age of thirteen (13), we will delete that information as soon as practicable. If you believe that a child under the age of thirteen (13) has submitted Personally Identifiable Information in connection with PostgresRocks.Com please contact us at email@example.com.
On PostgresRocks.Com, we collect Personally Identifiable Information knowingly and voluntarily provided by you when you: (1) register for user access specifically via PostgresRocks.Com; (2) submit requests, suggestions, or other communications to us via that channel; and (3) interact with the Website or EnterpriseDB in such a way as to acknowledge an “opt-in” event which then submits, releases or displays your Personally Identifiable Information to EnterpriseDB.
EnterpriseDB may use your Personally Identifiable Information to verify your identity and ensure that your use of PostgresRocks.Com meets all legal requirements directly applicable to EnterpriseDB.
We may also collect non-Personally Identifiable Information you choose to provide in efforts to better serve the PostgresRocks.Com experience. Additionally, we may collect technical information relating to your mobile phone, mobile device or computer and the way you interact with PostgresRocks.Com, such as your IP address, browser type, and aggregate user data. This information is used to identify your internet browser, store your user preferences, authenticate user sessions, provide services, and determines whether you have installed the software necessary to access certain material or applications on PostgresRocks.Com.
The following third parties may collect information through PostresRocks.Com, but (subject to Section 2) such information shall not include Personally Identifiable Information unless you post or publish such Personally Identifiable Information in areas of PostgresRocks.Com accessible to other users or the public:
EnterpriseDB supports secure online shopping using secure server technology because we want your shopping experience to be simple and safe. EnterpriseDB may use commercially reasonable measures to safeguard Personally Identifiable Information stored in our servers and databases against loss, theft, and unauthorized disclosure or use. Please be aware that no security measures are perfect and said measures are provided as a perfunctory measure by EnterpriseDB. Furthermore, we cannot control the actions of third parties with whom you choose to share information. We are therefore not responsible for circumvention of any security measures by third parties or of any unauthorized access or use of your Personally Identifiable Information made by third parties. Any disclosures that you make of your own volition to PostgresRocks.Com or anyone else are made at your own risk.
If you ask us to delete your Personally Identifiable Information from our records, we will use commercially reasonable efforts to do so while retaining any record necessary to comply with a governmental authority or applicable federal, state, or local law. Even after removal, however, copies of your Personally Identifiable Information may remain viewable in cached or archived pages or if other users have copied or stored such information. If you would like to contact us about the Personally Identifiable Information you have submitted, please contact us at: firstname.lastname@example.org.
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