Midsize Insider - Terms of Use

Thank you for your interest in social computing on Midsize Insider.

By creating a profile and sharing social content in this public environment, you are fostering more direct, person-to-person collaboration among IBM’s many constituents, including its employees, clients, business partners, IT analysts, industry influencers, and others.

The social computing tools within the Midsize Insider Communities (Registration & Profile, Peer to Peer, RSS feeds, and social tagging) are effective ways to interact with others and share your own insight and expertise. Remember that these tools are intended for individuals who wish to share and discuss non-confidential business and technology-related subjects. They are not intended for personal or non-business or technology related topics or agendas, for sharing confidential or restricted information, for aggregating lists of contacts for sale or distribution, for soliciting sales or employment, or for human resources related subjects.

We refer to Midsize Insider Communities in these Terms of Use as either “Midsize Insider Communities” or “this Site.” The term “IBM” refers to International Business Machines Corporation and its affiliates.

By accessing and using Midsize Insider Communities, you agree that:

  1. You are at least 18 years old and, if you are accepting these Terms of Use on behalf of a company or other entity as well as for yourself, you are authorized to do so. The information you submit in your Registration and Profile with Midsize Insider Communities (name and e-mail address) is accurate and current. Such information will be included in your Midsize Insider Communities profile, unless you choose to not include it. You may include, if you so choose, additional information in your Midsize Insider Communities profile. You agree to maintain the security of, and not allow others to use, your User ID or password. You are responsible for your profile and activities on this Site, and it is up to you to decide what information you disclose about yourself on this Site.
  2. Your use of Midsize Insider Communities is subject to, and you agree to read and comply with, the Midsize Insider Communities Guidelines (which can be found at www.theMidsize Insider.com).
  3. This Site contains proprietary notices and copyright information, which you must observe and follow. IBM owns Midsize Insider Communities and all content on this Site (other than User Content) (“Site Content”). IBM grants you non-exclusive, non-transferable, limited permission to access this Site and the Site Content. Unless otherwise authorized by IBM through the social computing tools, you may not copy, reproduce, upload, post, modify, transmit, mirror on another site or in any other media, distribute or create derivative works of this Site or the Site Content. IBM does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
  4. You are responsible for all User Content that you upload, post, display, submit or otherwise transmit (“post”) to this Site. “User Content” includes all information, profiles, personal information, contact data, submissions, ideas, tags, messages, recommendations, text, material, articles, photos, music, posts, comments, responses, e-mail and other content that you post on this Site. You agree to only post User Content that you created or developed or that you have permission or authorization to post. IBM may, in its sole discretion, for any reason or no reason at all, access, delete, edit or remove any User Content posted on this Site, without permission of or notification to the participant who posted the User Content. IBM may (but is not obligated to) monitor the activities and postings of participants (or be alerted to the same) on this Site for any reason, such as if IBM believes such action is necessary to comply with any law or act in an emergency.
  5. User Content may be made available to third party search engines on the Internet as well as though the Site’s search engine. User Content that you post will be available for use on a global basis by IBM, other participants and others who are not participants but who view the User Content on the Internet without royalties or restrictions. IBM, other participants and others who are not participants but who view the User Content on the Internet may use User Content, in whole or in part, for any purpose, may create derivative works thereof and may sublicense others to do the same.
  6. The Midsize Insider privacy policy http://www.theMidsize Insider/privacy/us/en/ shall apply to your registration information, namely your e-mail address, insofar as you do not make such information part of your profile. It shall not apply to User Content that you post.
  7. You may remove your User Content and cease being a participant in Midsize Insider Communities at any time by selecting the “edit post” option within your Profile. If you remove your User Content, your User Content will no longer be displayed on the Midsize Insider Communities platform, but IBM may, if it so chooses, archive and retain copies of your User Content. In addition, IBM may continue to use User Content as provided in Section 5 above.
  8. IBM IS NOT RESPONSIBLE FOR USER CONTENT OR THE ACCURACY OF ANY USER CONTENT POSTED. PARTICIPANTS SHALL REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT THEY POST. USER CONTENT DOES NOT REPRESENT THE VIEWS OR OPINIONS OF IBM. IBM DOES NOT GUARANTEE THAT ANY USER CONTENT IS CORRECT OR ACCURATE AND IBM DOES NOT ENDORSE ANY USER CONTENT.
  9. USE OF THIS SITE IS AT YOUR SOLE RISK. Midsize Insider COMMUNITIES AND SITE CONTENT, INCLUDING ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, SERVICES AND PROGRAMS PROVIDED ON THIS SITE, ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. IBM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. IBM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  10. IF YOU SUFFER ANY HARM OR LOSSES AS A RESULT OF YOUR USE OF THIS SITE, YOU MAY CEASE BEING A PARTICIPANT IN Midsize Insider COMMUNITIES, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR SUCH HARM OR LOSSES. IN NO EVENT WILL IBM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ANY USE OF THIS SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF IBM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
  11. IBM may, at any time, modify, change, discontinue or terminate Midsize Insider Communities, in whole or in part.
  12. You agree to indemnify IBM and its affiliates and their respective directors, officers, agents, contractors and employees from and against losses, claims, costs and expenses, including attorney’s fees, arising out of or relating to (i) your User Content, (ii) your violation of these Terms of Use or violation of applicable law and (iii) your activities on this Site.
  13. IBM is not responsible for the privacy practices or content of any sites linked to from this Site.
  14. IBM may change the Terms of Use at any time. IBM will give notice of material changes to these Terms of Use by posting a notice outlining such changes on this Site for thirty days. Your continued use of this Site after changes are made will constitute your acceptance of any changed or new terms. If you do not accept such changed or new terms, you may terminate this agreement as provided in Section 16 below.
  15. From time to time, IBM may add specialized sections or areas of this Site (such as those targeting specific topics for discussion or specific participants) or may offer for download software or other materials, for which additional terms and conditions may be applicable. Prior to your participation in such specialized sections or areas or your download of such materials, your acceptance of such additional terms and conditions will be required.
  16. You may terminate this agreement with IBM at any time by providing written notice to IBM in accordance with Section 21 below. IBM may, for any reason (such as violation of these Terms of Use or the Midsize Insider Communities Guidelines) or no reason at all, terminate this agreement with you with or without notice. Upon termination, your User Content will no longer be displayed on the Midsize Insider Communities platform, your User ID and password will be deactivated and you will no longer be able to access Midsize Insider Communities, but IBM may, if it so chooses, archive and retain copies of your User Content. In addition, IBM may continue to use User Content as provided in Section 5 above.
  17. You agree to comply with all applicable export (and reexport) and import laws, regulations, orders, and policies, including the Export Administration Regulations, , trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Asset Control and the International Traffic in Arms Regulations maintained by the Department of State.
  18. IBM will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to IBM’s Digital Millennium Copyright Act Notices located at http://www.ibm.com/legal/us/en/dmca.html. IBM will terminate without notice participants who are “repeat infringers” of copyrights.
  19. These Terms of Use will be governed by the substantive laws of the State of New York. Any proceedings to resolve disputes relating to the Terms of Use shall be brought in a U.S. Federal Court in the State of New York. Participants expressly waive the right to trial by jury in any matter which arises under these Terms of Use.
  20. If any provision of these Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of these Terms of Use will be unaffected. These Terms of Use (and the documents referred to in these Terms of Use) constitute the entire agreement between you and IBM with respect to your use of this Site.
  21. IBM may give you notice by posting on this Site (under www.MidsizeInsider.com) or by email to you at the email address you provided to IBM (if you provided one).

Dated: May 1, 2012