WAKANDA FORUM USE AGREEMENT
WARNING!
By using the Wakanda Forum (hereinafter the "Forum, you agree to be bound by all the terms and conditions of the following use agreement (here in a
fter the "Use Agreement").
Discussion Topic
The purpose of the Forum is to exchange and share your experience and knowledge relating to the software programs named “Wakanda” published by 4D SAS (hereinafter "4D").
The third-party products shall be discussed in "third parties" forums subject to specific rules, independent of the Forum.
Access and registration
This Forum is accessible:
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for reading purposes only: to anyone, without prior registration to the Forum;
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for contribution purposes: to anyone in collaborative mode (reading and contributing) who first has registered on the Forum and whose registration has been agreed by the moderators.
To contribute to the Forum, you will be asked to register free of charge by entering, in good faith, exact, accurate and up to date information in the on-line form.
As a consequence, you expressly agree not to use a fake identity which might mislead any third party as to the source or the origin of a message posted in the Forum.
You recognise and guarantee to 4D that the information communicated during your registration will not impair a third party, and acknowledge that the usurpation of identity constitutes a criminal offence.
This registration allows:
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the contributor to create and/or to participate to a discussion;
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any user of the Forum, to read the answers to the questions raised in the Forum;
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any user of the Forum, to consult the list of contributors.
You agree to inform in writing 4D of any unauthorized use of your name and/or your password immediately after you have been aware of such use or reasonably deemed to be aware.
The user’s account may then be immediately closed by 4D at 4D’s entire and sole discretion.
Notwithstanding the above-mentioned, you shall be responsible for taking all necessary measures to control the access and use of the Forum with your name and/or your password, it being understood that any use of the Forum with your name and/or password is deemed made by you.
The reinstatement of new name and password shall entail a written request from the user to 4D.
The use of the Forum and/or the registration procedure requires the use of a persistent cookie (stored on the hard disk of your computer). The sole function of this file is to simplify and make your access to the Forum faster. However, we recommend that you delete this cookie after use if you log in from a computer available for public use.
The e-mail address that you communicate to us is only to be used to:
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confirm the details of your registration as well as your password (or to send you a new password in case you have forgotten it.);
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allow the moderators and / or the administrators to send you e-mails containing information about the user group(s) in which you will be registered;
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receive an e-mail for each new topic or new post in the Forum, as far as you choose this option.
Pursuant to the Decree n°2011-219 dated February 25, 2011, 4D shall keep all details of your registration for a year after the closing of your account, for any reasons.
Rights and obligations of the reader
Each reader of the Forum shall respect the intellectual property rights of the authors. In particular, the reader shall have to make sure not to reproduce and circulate the contributions published on the Forum onto any other website or medium, without the agreement of their author.
However the reader may:
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reproduce the content of this Forum only for his own and exclusive personal consultation;
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reproduce and display short extracts of a message for information or researches purposes only, by referring to the name of the Forum and to the name of the contributor quoted as the author of the concerned message.
Rights and obligations of the contributor
The contributor undertakes to keep confidential the password communicated to him by 4D in order to take part to the Forum.
Each contributor remains the exclusive owner of his posts and of the intellectual property rights attached to such posts.
The terms used on the Forum are published under your own entire legal, criminal or administrative responsibility. In this respect, you must comply with all the laws and regulations in force and personal rights. For example, you will not circulate any violent, denigrating, offensive, defamatory, racist, revisionist, paedophile messages, messages praising war crimes, encouraging murder or suicide, encouraging discrimination or hatred, nor contents that reproduce, without authorisation, any kind of work protected by intellectual property rights (for example, press articles, posts from a third party, etc.).
On this account, the author of the contentious message relieves 4D, its employees and every technical agent, from any kind of liability.
You also and notably agree:
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not to post any message containing a virus, damaging routine, or any software which might damage persons or goods;
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not to post spam messages and not to use the Forum as a means of advertising.
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not to post any links to webpages that do not conform with the legislation or that could be harmful to the interests or the image of 4D or any company to which it belongs.
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to observe the necessary courtesy required for the debate to take place as smoothly as possible.
Messages moderation
Pursuant to section 6 I-7 of the act n°2004-575 dated june 21 2004, 4D is under no obligation to survey data hosted on the Forum including users’ contributions. Users remain then liable for any contents posted on the Forum.
However, the Forum is moderated after the event by moderators who provide their best efforts to control the messages only after their posting.
The moderators reserve the right to check that your message is in fact about the theme of the debate which takes place in the Forum, compels with the laws and regulations in force as well as with the Netiquette, and allows an open and constructive debate. The moderators reserve the right to delete, move, or close any topic at any time. They also reserve the right to delete any message from the topic that is non-argued, redundant, promotional, against public order and / or accepted standards of good behaviour, denigrating, offensive, defamatory, racist, revisionist, paedophile, praising war crimes, encouraging discrimination, violating any intellectual property rights of any kind. To post such a message could cause you to be either temporarily or definitively banned on the Forum (and your ISP will be informed in this case) or may lead to your messages being subjected to prior checking before being posted. This prior checking shall not allow the user to breach any rules provided above, in particular under section called “Rights and obligations of the contributor”.
As a consequence, to provide a good quality service to users, the moderators will reserve to the right, without being under the duty to do so, to check spontaneously the content of the Forum or act upon the request of any user discovering such a message. In fact, the readers and/or the contributors are able to ask for a check of any message assumed to be litigious and posted on the Forum, by contacting the moderators at the following e-mail address: webmaster@wakanda.org, with the understanding that the moderators reserve a two-day period minimum to decide whether or not they shall delete the litigious message. Readers shall then specify the title and date of posting of the message, the name of the user and the URL. The moderators will not be liable for any damage resulting from such a message.
The messages posted in the Forum reflect their author's thoughts and remain under the exclusive liability of the contributors. A post does not imply that 4D approves its content, it being agreed that 4D does not warrant the accuracy of any message posted in the Forum. Consequently, any liability of 4D, the administrators, the moderators, or the webmasters (except for their own messages) is expressly excluded.
Support
As part of the Wakanda Community Edition, you may access and use the Wakanda Community Forum for support discussions, questions, answers, etc. relating to the Wakanda software.
You are fully and solely responsible for the use of the Wakanda Community Forum.
As a Developer as part of the Wakanda Subscription Agreement and subject to a valid subscription, you may access and use the Premium Forum for support discussions with 4D technicians, questions, answers, etc. relating to the Wakanda software pursuant to the terms and conditions under the Wakanda Subscription Agreement.
In particular, you acknowledge and agree that 4D has no obligation relating to response times and/or corrections and that any liability of 4D is excluded in connection with the use of such forum.
For the avoidance of doubt and unless otherwise stated in the Use Agreement, all the terms of use of the Use Agreement remain fully applicable as part of Support under the Use Agreement.
Messages referencing
The contributions posted on the Forum might be automatically and without 4D’s intervention, referenced by a search engine and thus be consulted by others than the sole Forum users.
Purpose of the collected data and the archived messages
The Forum holds and keeps any data required to identify the messages' authors (the IP address of each message is recorded), and proceeds to a private archiving of the posted messages. This information shall be stored by 4D during a year after the closing of the account, and may be only be communicated to an administrative, judiciary, or criminal authority who would ask for it, pursuant to the applicable rules and legislations.
In any other case, the webmaster, the administrator and the moderators agree to preserve the confidentiality of such information.
Nevertheless, neither 4D nor the aforesaid technicians will be liable if an attempt of hacking gives access to this data.
Modification and deleting of the messages
You may modify or delete your messages at webmaster@wakanda.org at any time.
Personal data protection
As stated by the French "Informatique et libertés" law, dated January 6th, 1978 as amended by the law N°2004-1 of August 6, 2004, you have the right to have direct access, modify, rectify, delete your personal data.
You can exercise this right by sending an e-mail to webmaster@wakanda.org or at the following address:
4D SAS
60, rue d'Alsace
92110 Clichy, France.
Modifications
4D reserves the right to modify in whole or in part this Use Agreement at any time, notably in order to adapt it to the legislation requirements. 4D commits itself to invite the users to consult and agree with the modifications when they connect. Such modifications shall be effective upon their acceptance by the user. In the event that the user does not accept the modifications, 4D will delete this user's access to the Forum as a contributor.
Applicable Law and jurisdiction
The Use Agreement is under French law. Any kind of dispute regarding its execution and interpretation will be submitted to the Court of Nanterre, France.
By using and registering to the Forum, you acknowledge to have read and understood all the rights and obligations of the Forum' users (reader and/or contributor), and expressly agree the terms and conditions set forth in the Use Agreement.
