Welcome to VMware Flings website (“The Site”). The VMware Flings is a website hosted by VMware. The Site comprises of blogs, discussion forums, document and information sharing about VMware products and services, virtualization software and technology. The purpose of VMware Flings is to provide a forum for interested users of virtualization products and services and for participants to give feedback, to exchange information and to generally build enthusiasm for virtualization software and technology.
You must be at least eighteen (18) years old to use and participate in The Site. If you wish to have a site account, you must provide current, accurate, and complete information about yourself during the account registration process. By joining the site, you expressly agree to be bound by the Terms as entered into by and between VMware and you. You are responsible for maintaining the confidentiality of your site password and account, and assume all liabilities and responsibilities for any and all activities that occur under your account. You must maintain and promptly update any account information provided to VMware in order to keep such information up to date, accurate and complete. VMware reserves the right to refuse access to The Site to anyone, at any time, without notice, and for any reason.
You must abide by the following rules of conduct:
- Do not engage in any unlawful conduct in The Site. In particular, do not post, publish, or distribute any defamatory, obscene, infringing or other unlawful material or information in The Site.
- Treat others in The Site as you would expect them to treat you. Do not engage in personal attacks or any type of “flaming” of other users. Do not “troll”, i.e. post topics or opinions that are designed to provoke a negative response from one or more specific users.
- Do not use offensive language. If you have any doubts about whether a particular statement might be considered offensive by other users, do not post it.
- Do not engage in disruptive activity in The Site, such as persistent off-topic contributions or comments, or statements that might incite other users to violate these guidelines or participate in illegal activities.
- Do not contribute content that contains photos, software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have rights to these materials.
- Do not post any instructions, software or other materials that would allow participants or third parties to harm other users’ computers or to inappropriately access software or websites.
- Do not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
- Do not falsely impersonate any other person in the forum, including VMware employees or agents.
- Do not use The Site to spam other users, including sending identical and irrelevant submissions to many different discussion groups, mailing lists or communities.
- Do not misrepresent the source of anything you contribute.
- While you may use The Site to provide supplemental information about your own business that might be of interest to other users (without spamming them), do not rely on The Site as the primary mechanism for operating or promoting your business. Any use of The Site for commercial purposes is solely at your own risk, and VMware assumes no liability for such use.
- Any space provided to you in The Site is for your own personal use, and may not be sold, licensed, exchanged or bartered for any purpose, including advertisements.
- You are responsible and liable for all your activities while participating in The Site, including anything you contribute.
- Do not rely on The Site for the safe and secure storage of any materials, such as photos, documents and software. The Site is not designed as the primary place to store any of these materials, and VMware is not responsible for the alteration, deletion or loss of any stored items. Create back-ups for any materials that you contribute to The Site.
- VMware reserves the right to remove at any time, without notice, any contribution that violates these guidelines. VMware also reserves the right at any time, without notice, to ban a user who has violated these rules of conduct of The Site.
- Some participants may post Internet website links in the site. VMware is not responsible for the content on the websites associated with these links. In addition, we must remind you that some content and links on the Internet contain adult content that is not suitable for children and may be offensive to some users.
- You are responsible for any actions you may take based on information or advice you receive while online. Use your own good judgment when evaluating information provided through The Site or any other communication service. The decision to share information or conduct transactions with anyone is your own; therefore conduct your own research prior to making any decisions.
VMware is under no obligation to post or use any Contributions provided by users and VMware may in fact remove any Contributions at any time at its sole discretion for any reasons.
Contributions Ownership, Rights and Liability
VMware does not claim ownership of any Contributions that you or other users post, upload, submit or otherwise provide to the site. By providing Contributions to The Site, you grant to VMware a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute such Contributions and derivative works. Additionally, by providing Contributions to The Site, you grant to VMware a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license to make, have made, use, offer to sell, export, and otherwise transfer or sublicense such Contributions. You also grant VMware and all users of The Site the permission to use your Contributions in other areas of The Site and for other commercial or noncommercial uses. In order to grant VMware and other users of The Site the rights, permissions and licenses contained herein, you represent and warrant that you either own or have all the necessary intellectual property rights in the Contributions uploaded or shared to the site and that your Contributions are non-infringing on the patent, copyright or other intellectual property rights of others. Do not post, upload, submit or otherwise provide Contributions to the site that are protected by the intellectual property rights of others, unless you own or have the necessary rights or licenses to use such Contributions. By uploading Contributions to The Site, you warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware. All Contributions available for download and/or use are provided on an AS IS and AS AVAILABLE basis, without any warranty of any kind and you assume all risks associated with the Contributions that you download. VMware expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. In no event will VMware be liable for any direct or indirect damages for any claims arising out of your download and/or use of such Contributions. All Contributions are deemed be provided on a non-confidential basis. VMware is under no obligation to and does not control the Contributions created, provided or uploaded to the site. The nature of some Contributions may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. VMware reserves the right to take down and remove Contributions that are flagged by users or deemed by VMware as objectionable. However VMware is under no duty to take down or remove any Contributions.
Blog authors and blog users (hereinafter “Bloggers”) who post blog entries, comments or other Contributions are expected to adhere to conduct as set forth in Section 4 above. Bloggers may create blogs generally discussing VMware products and services, or virtualization software and technology. Although VMware respects the freedom of Bloggers and the Contributions they post, blogs that predominantly discuss topics completely unrelated to virtualization or that consume excessive resources or bandwidth may be taken down at the sole discretion of VMware. Generally it is suggested that Bloggers take responsibility not just for their own words, but for the comments allowed on their blogs; label their tolerance level for abusive comments; consider eliminating anonymous comments; ignore the trolls (i.e., those who intentionally post derogatory or otherwise inflammatory messages); take the conversation offline, and talk directly, or find an intermediary who can do so; if you know someone who is violating the conduct guidelines, tell them so; and don’t say anything online that you wouldn’t say in person. Bloggers understand that they bear the full responsibility of any Contributions they post and that such Contributions may lead to adverse consequences in their personal or professional lives, such as damaged friendships or loss of employment.
THE VMWARE FLINGS AND ALL CONTRIBUTIONS AND OTHER ACCOUNT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
VMWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
VMWARE MAKES NO WARRANTY THAT VMWARE FLINGS WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF VMWARE FLINGS OR ANY CONTRIBUTIONS AND OTHER ACCOUNT SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE, COMPLETE OR RELIABLE; OR THE QUALITY OF ANY CONTRIBUTIONS AND OTHER ACCOUNT SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTRIBUTIONS AND OTHER ACCOUNT SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. VMWARE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTRIBUTIONS AND OTHER ACCOUNT SERVICES. IN NO EVENT SHALL VMWARE OR ANY OF ITS PARTNERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR CONTRIBUTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VMWARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VMWARE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF CONTRIBUTIONS, AND OTHER ACCOUNT SERVICES, REGARDLESS OR THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OR WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE DOLLAR ($1).
If VMware and its subsidiaries, affiliates, directors, officers, agents, and employees should incur any liability to a third party arising out of or in any way related to your use of The Site, you agree to indemnify and hold VMware free and harmless from any such liability, and from all loss, claims, costs, demands, debts and causes of action in connection therewith, including reasonable attorney’s fees.