the following terms of use govern all users’ use of the company’s websites, services, products and applications (the “services”). by using or accessing the services, you agree to be bound by these terms of use, as updated from time to time. in some cases, we may provide additional terms that are specific to a product, application or service, which are incorporated by reference into these terms of use. if such additional terms conflict with these terms of use, the additional terms relating to your use of the products, applications or services will control. references to "we", "us" and "our" refer to the company.
1. use of the service – general terms
when using certain services, you may provide, post, upload, input or submit information, content or other materials on or through the services, including blog pages, message boards, comment or discussion features, chat rooms and forums ("you content"). you are solely responsible for your content. you bear all risks associated with use of your content, including any reliance placed by others on its accuracy, completeness or usefulness, or any disclosure of any information about your content that personally identifies you or any third party. you are solely responsible for creating and maintaining your own backup copies of your user content if you choose. some services may allow you to:
- make, post, upload, input or submit your content on or through the services, including blog pages, message boards, comment or discussion features, chat rooms and forums. please remember that all information disclosed on blogs, message boards, comments, or other public areas becomes public information and you should exercise caution when deciding to share any of your personal information as part of your content;
- use the services modified based on your content; and/or
- arrange for third parties to access your content in accordance with these terms of use.
except as expressly permitted herein, you may not:
- accessing the services by any means other than instructions provided by company
- use the services for any illegal or unauthorized purpose
- disrupt, damage, disable, alter, tamper with, delete or interfere with the service
- share any access codes or account information with any third party, including, without limitation, usernames and passwords you may create or company may provide in connection with the services;
- attempt to gain unauthorized access to the service or its related systems or networks, or otherwise override any security features of the exclusion agreement;
- reproduce, duplicate, copy, download, sell, resell, visit, or otherwise exploit the services or company content for any commercial purpose without the express written consent of the company;
- access the services for the purpose of: (1) building a competitive product or service, or (2) copying any ideas, features, functionality or graphics of the services;
- text and data mining, except as permitted by calculatorw's text and data mining agreement. calculatorw reserves all rights to reproduce and extract for text and data mining.
or make available, post, upload, input or submit on or through the services, including blog pages, message boards, comment or discussion features, chat rooms or forums, or promote any of the foregoing, any content that:
- is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, discriminatory, sexually oriented, or tortious;
- infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, spam or bulk email, or any form of lottery or gambling;
- constitutes the sale or transaction of any goods;
- constitutes a solicitation of advertisers/sponsors; holds contests/sweepstakes; displays advertising/sponsored artwork; promotes, solicits or participates in chain letters or marketing/pyramid schemes;
- contains software viruses or any other computer code, files or programs designed or intended to disrupt, damage or limit the functionality of any software, hardware or telecommunications equipment or to damage or gain unauthorized access to any data or other information of any third party;
- contains links to websites that violate these terms of use, such as pornographic websites, defamatory websites, etc.; or
- impersonate any person or entity.
we generally do not pre-screen, monitor or edit content posted by users of the service. however, we reserve the right, at our sole discretion, to remove any content that we deem, in our sole discretion, to be inconsistent with the foregoing or to be harmful, objectionable, or inaccurate. we are not responsible for any failure or delay in removing such content.
you are responsible for all activity that occurs under your account and are solely responsible for maintaining the confidentiality of your access codes and account information. if you become aware of any unauthorized use of your access code or account information, you must notify us immediately. you acknowledge that use of the services is for your personal use only.
2. ownership
all rights (including without limitation copyrights, trademarks, patents and trade secrets) in the services and the content contained therein (other than your content), and all rights in and to data associated with your use of the services ("company content") are and will remain the sole and exclusive property of the company and/or its licensors. there is no ownership or ownership right in or to any portion of the services, the company content, or any other products or services manufactured, sold and/or distributed or otherwise provided by the company, or any proprietary rights related to those products/services, now or in the future. transfers made under or by virtue of these terms of use. company hereby grants you a limited, non-exclusive, non-sublicensable, revocable license to display and reproduce company content (other than software code) solely for your personal use of the services and to use the services for personal use: subject to these terms of use. the company and its licensors reserve all rights not granted in these terms of use. no implied license is granted by these terms of use.
by providing, posting, uploading, inputting or submitting ("providing") your content to the service, you hereby grant company a worldwide, royalty-free, perpetual, non-exclusive, sublicensable and transferable license to use, distribute, reproduce, prepare derivative works of, perform, display, publish, publish, reformat, index, archive, make available, link to, or otherwise use in connection with the services in all forms and media (whether now known or hereafter developed) use your content.
by providing your content, you warrant and represent that: you own or otherwise control all rights to your content, including but not limited to all rights necessary to grant the license above; your content does not contain any unlawful statements or infringe the rights of others , breach any obligation of confidentiality, breach of contract or contain any material or instructions that may cause damage or injury; you own or otherwise control all rights to your content, including without limitation all rights necessary to grant the license set forth above.
3. feedback
from time to time, you may provide the company with suggestions, ideas or other feedback regarding the services ("feedback"). the parties agree that company shall own such feedback and shall have the right, but not the obligation, to use, develop and exploit it in any manner without limitation or obligation to compensate or seek your permission.
4. third-party links and advertising services; other users
a) third-party links and ads. our site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, "third-party links and ads"). such third-party links and information ads are not under the control of company, and company is not responsible for any third-party links and advertisements. advertise. company provides access to these third-party links and information. advertisements are provided for your information only and do not review, approve, monitor, endorse, warrant or make any representations with respect to third party links and content. advertise. you use all third-party links & ads at your own risk, and should apply a suitable level of caution and caution in doing so. when you click on any third-party link, the advertising third party's terms and policies apply, including the third party's privacy and data gathering practices. you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction relating to such third-party links and third parties. advertise.
b) other users. each user of our services is solely responsible for any and all user content, over which we have no control. we do not guarantee the accuracy, currency, suitability or quality of any such information, content or materials. your interactions with other users through our services are solely between you and such user. you agree that company will not be responsible for any loss or damage incurred as the result of any such interactions. if there is a dispute between you and any other user, we are under no obligation to become involved.
5. terms and termination
these terms of use remain in full force and effect while you use our services. we reserve the right to suspend or terminate your account and/or access to all or part of the services at our sole discretion, with or without notice. you understand that termination of your account may involve deletion of content associated with your account from our live databases. company will not have any liability to you for any termination of your rights under these terms of use, including termination of your account or deletion of your content.
upon termination, all rights granted to you under these terms of use will immediately cease. if your subscription term exceeds the termination period of these terms of use, your subscription will remain in effect for the period specified in the subscription terms or subscription order, unless such termination is due to a breach by you.
any provision of these terms of use that expressly or implicitly survives the termination or expiration of these terms of use will survive any termination or expiration of these terms of use.
6. compensation
a) to the extent permitted by applicable law, you will serve for the company, its licensees, their respective affiliates, parents and subsidiaries, and their respective officers, directors, agents, representatives, successors and assigns ( "company indemnitee") shall be liable for any liability arising out of any claim against the company indemnitee that (i) alleges that your content infringes or misappropriates any patent, copyright, trademark, trade secret or other proprietary right of any third party; (ii) relates to your violation of this agreement; in connection with the terms of use; or your violation of applicable laws or regulations.
b) if a claim triggers your indemnification obligations, you will provide us with (i) prompt written notice of any such claim; (ii) complete control of the defense and settlement of such claim, and (iii) the settlement or defense of any such claim proper and complete information and assistance with your claim.
7. disclaimer
the service and all materials contained therein are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, reliability, availability or fitness for a particular purpose. use of the services and all materials contained therein is at your own risk. access to the service may be interrupted, and errors may occur. neither the company nor anyone else involved in creating the service or any materials contained therein shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of, or inability to use, the service and all materials contained therein. liability, even if company has been advised of the possibility of such damages. the terms of section 7 shall apply to the maximum extent permitted by law in the applicable jurisdiction.
8. correct
the services may contain errors or inaccuracies and may not be complete or current. accordingly, the company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. please note that such errors, inaccuracies or omissions may relate to pricing and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
9. injunctive relief
you agree that any breach of your obligations with respect to the company's proprietary or intellectual property rights will cause irreparable harm to the company for which monetary damages would be inadequate, and therefore you agree that the company shall be entitled to seek injunctive relief without the need for any other than a bond is required in addition to any other relief the court deems appropriate.
13. additional terms
we make no representation that the services are appropriate or available for use in your location, and accessing the services from locations where their content is illegal is prohibited. if you choose to access the site from any such locations, you do so on your own initiative and are responsible for compliance with local laws. these terms of use represent the entire agreement between us and supersede any oral or written proposals or prior agreements and any other communications between us relating to the subject matter of these terms of use. we reserve the right to update or modify these terms of use at our sole discretion. please check the terms of use periodically for changes. your continued use of the services following the posting of any changes to the terms of use constitutes your acceptance of those changes. please note that by using the services, you agree that you have the full power, authority, and capacity to enter into and are entering into legally binding agreements (even if you are using the services on behalf of the company). you acknowledge that you have read these terms of use and agree to be bound by their terms and conditions. the laws of the following countries shall apply according to your country of residence, without regard to conflict of law rules.