Membership Service Agreement

Terms and Conditions of Use


Welcome to CommunityMX.com ("Service"). Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.


Participation and Conduct


During the term of this Agreement, CommunityMX.com grants to you a terminable, at-will, non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.

You may participate in any general forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service. You give CommunityMX the right to display, utilize, edit, and create works derived from the content you post in our forums.

You agree to indemnify CommunityMX and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.

CommuntiyMX.com reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. CommunityMX.com also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, CommunityMX.com is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.

CommunityMX.com may from time to time offer specials and trial periods in accordance with its marketing goals and efforts. These offers will be controlled by the details of each offer and may not apply to all members.

Cancelled subscriptions will be terminated at the end of the period currently paid for. No pro-rated cancellations will be permitted. Trial or Free Period subscriptions which are cancelled in the PayPal system by the user prior to the end of the trial or free period may, at the discretion of CommunityMX, be terminated immediately.

Forum Fair Use Policy

To ensure the best experience for all of our members, we ask that you observe the following guidelines regarding the "fair use" of the CMX Forums.

The Ten "Suggestions"

  1. The help forums are not a chat room. It is very difficult to hold a 'conversation' in a forum setting, and the help forums are not the appropriate place for mentoring. However, we do maintain a special "Community Clubhouse" forum where we can all let our hair down and write about whatever floats our boats. Just don't post web design questions there, or they might be overlooked.
  2. Please limit your posts about a single topic to a single thread, and if in reading a thread you think of a new question, by all means start a new thread. It's okay to post in the parent thread that you are doing this, and where the new thread is located.
  3. Choose your subject text line very carefully. If the forums are your fishing pond, then the subject line is your bait. It should indicate the exact issue and where it is seen, in 10 words or less. Don't use words like "help" or "please", or "save me", because they add no information, but do take up space. Address us as though we were just a 'help wizard' program, and after we solve the issue you may then gush all you want. We certainly do enjoy that. :)
  4. Please be specific, clear, and concise when posting about your problem. This makes it easier to answer and helps us get you on your way more quickly. If that question and answer lead to an additional question, feel free to post it, but we will be less effective for you if we receive rapid multiple posts. In other words, try to zero in on the key issue involved with your problem before you post, saving everyone valuble time. Don't forget to include any error messages, in full. Merely stating the code line they refer to is not enough.
  5. If you want to show a code segment, click the Attach Code button (below the message pane), and paste in your code, which will then appear directly following your complete post text. However, it's not wise to attach an entire source or CSS file unless it is short. Instead, you should provide a link to a live page, and also a link to the CSS or other remote files that are connected to the page. This way we can view all the live code directly, and at the same time view the live page. Doing it this way is much faster for us, since we may see at a glance what is wrong, rather than having to dig through the code right from the start. Linking to a screenshot is useful and very welcome, but a live page is essential for serious problem solving.
  6. Please detail what platform, server, OS, product version, and language you are using, as well as any other information that is pertinent to your environment. Also tell us what steps you have taken to get to where you are. When the issue is a bug, it is critical to identify the exact browser/OS combination involved.
  7. Be prepared to change directions, if you have painted yourself into a corner from which there is no practical escape. Sometimes it is easier to back up and do something a different way, than to spend more hours fighting an intractable problem.
  8. Please read any material pertaining to your issue that is already available on the site. If you aren't sure where to look, we will be happy to point you in the right direction.
  9. Please feel free to assist other CMX members when you know the answer to their problems. Such volunteered assistance will free us to handle the more difficult issues, like yours. Remember, happy gurus are helpful gurus!
  10. We will answer questions in the forums, but we cannot build your site for you. Please be wary of taking on projects that are beyond your capabilities. If you need more development help than we can reasonably provide, we will be happy to help you find someone that can assist you privately.

Examples of Good and Bad Posting

The following example would be a "good" forum post:

------------------------------
I am using CFMX7 to construct my site and I am having trouble reading the XML file that is returned to me from a remote server. I have cfdumped the XML and it looks like this:

<xmlfile>
<root>
<item>stuff</item>
</root>
</xmlfile>

I used XMLParse to place the file into a variable called OUTPUT, but when I try to read it using OUTPUT.root.item.xmltext I get the following error.

error: something about item not found.
-----------------------------

...to which we could quickly answer that your code should read: "OUTPUT.xmlfile.root.item.xmltext".

Contrast the above easily answered query with the following example of a "bad" forum post:

-----------------------------
I am having trouble with this whole CSS Floats thing. Can someone help me? I have a site that has to get done this week and it has to all be in floats and this is an emergency. PLEASE HELP. I have read everything on your site and I just don't get it. Can't anyone help me get this done this week? I will stay up all night while you help me if necessary.
-----------------------------

This kind of post will likely tempt us to jump out the window.

 

Service Guarantee

CommunityMX.com offers a guarantee that no legitimate forum posts will go unanswered. It is the goal of CommunityMX to provide an environment in which members can be assured appropriate attention to any question.

We guarantee responses and the best efforts of our experts to help you resolve your issues. We cannot build your site for you and cannot always have access to all of the information and circumstances that might be affecting your efforts. You will get thorough attention from our network of partners and community representatives.

Copyright and Trademarks


The Service is the personal property of CommunityMX. CommunityMX retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by CommunityMX.com or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.

CommunityMX.com and its logos are trademarks of CommunityMX. All other trademarks on the Service are the property of their respective holders.

Purchase Of Products And Downloading Of Software


You may have the opportunity to order or receive merchandise and services, and to download Software (collectively "Products") through the Site directly or through links on the Site. Products may be provided by third-party vendors ("Vendors") pursuant to agreements, licenses or other arrangements between that Vendor and you. All aspects of your transactions regarding the Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Product should be directed to that Vendor.

By using the Site you acknowledge and agree that CommunityMX and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor.

You may have the option to purchase Products over this Site using a credit card by sending that information over the Internet. This Site uses encryption technology to protect the information from access by unauthorized third parties. However, neither CommunityMX nor any Vendor can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither CommunityMX nor any Vendor will have any liability if the applicable encryption technology fails to protect your information.

Intellectual Property Infringement Claims


It is the policy of CommunityMX to respond expeditiously to claims of intellectual property infringement. CommunityMX will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws, up to and including blocking or removing the offending content. CommunityMX will terminate access for subscribers and account holders who are repeat infringers.

Please direct any notices of claimed copyright infringement to copyright@communitymx.com.

Permissions


All requests for licensing, reprints, linking and other usage of material on CommunityMX.com should be addressed to permissions@communitymx.com. We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request.

Exclusions of Warranty and Liability


THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMMUNITYMX DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. COMMUNITYMX IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND COMMUNITYMX DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. COMMUNITYMX DOES NOT WARRANT THAT THE CONTENT OF ITS ARTICLES AND OTHER CONTENT WILL BE ERROR FREE.

COMMUNITYMX WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF COMMUNITYMX HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL COMMUNITYMX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The Site may contain links to other Web sites that are owned and operated by third parties. You acknowledge that CommunityMX is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by CommunityMX of that Web site.

The Site includes Content concerning computer hardware, software and related products, including product descriptions, usage information and reviews. All such material is provided for informational purposes only and does not imply any endorsement of any particular product or affiliation with any particular Vendor. You acknowledge that you are solely responsible for determining what, if any, Products are suitable for your purposes and for any loss, liability, damage or costs you may suffer as a result of any purchases you make.

Notices


CommunityMX may give notice to you through general posting on the Service, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to CommunityMX via E-mail at webmaster@communitymx.com.

CommunityMX reserves the right, in its sole discetion, to restrict or block the access of any subscriber to the Service, or any section thereof.

General


Any failure by CommunityMX to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

Indemnity


In the event you breach the terms of this license, or if, any claims are made against CommunityMX (its employees, officers or directors resulting from your actions) you shall be liable to CommunityMX for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, as applied to contracts entered into and performed within Florida. You agree to grant jurisdiction over yourself to the courts of Florida and designate it as the forum for resolution of all disputes arising under this Agreement.

This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

Appreciation

Those of us at CMX like to call ourselves "partners", but in truth, all our subscribers are partners too. You pay us to make you more efficient, and we do that job best when we are efficient as well. When everyone follows these guidelines, a mere gaggle of gurus is transformed into a problem solving powerhouse.