Terms of Use
These terms of use set forth the basis on which you are
permitted to access and use this website, premiumclock.com.
Please read the terms of use carefully
before using the Website. By accessing and using the Website
in any way, including, without limitation, browsing the Website,
you agree to and are bound by the terms of use described herein.
If you do not agree to all of the terms and conditions contained
herein, do not use the Website in any manner.
OWNERSHIP
All copyrights and other intellectual property rights in
the Website, including without limitation all software and
written and graphical content included in the Website, are
owned by UpClock Software. (“UpClock”) and are hereby
reserved.
USE OF WEBSITE AND DOCUMENTS
UpClock hereby authorizes you to make a single copy of the
content displayed on the Website for your use in learning
about, evaluating or acquiring UpClock services or products,
provided (i) you mark such copy “© 2004-2005 UpClock
Software. All rights reserved.”; (ii) the use of such copy
is for informational and non-commercial or personal use and
will not be copied or posted on any network computer or broadcast
in any media; and (iii) no modifications to such copy are
made. No other permission is granted to you to print, copy,
reproduce, distribute, transmit, upload, download, store,
perform, display in public, alter, or modify the content contained
on the Website. Accredited educational institutions, such
as K-12, universities and colleges, may download and reproduce
the content displayed on the Website for distribution in the
classroom. Distribution outside the classroom requires express
written permission. Use for any other purpose is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
possible.
The Website may contain email services, bulletin board services,
forums, communities, and/or other message or communication
facilities designed to enable you to communicate with others
(collectively “Communication Services”). You agree to
use the Communication Services only to post, send and receive
messages and material that are proper. By way of example,
and not as a limitation, you agree that when using the Communication
Services or the Website, you will not (i) use them in connection
with surveys, contests, pyramid schemes, chain letters, junk
email, spamming or any duplicative or unsolicited messages;
(ii) defame, abuse, harass, threaten or otherwise violate
the legal rights of others; (iii) publish, post, upload, distribute
or disseminate any inappropriate, profane, defamatory, obscene,
pornographic, racist, lewd, lascivious, excessively violent,
harassing, unlawful, or otherwise objectionable topic, name,
material or information; (iv) upload, or otherwise make available,
files that contain material protected by intellectual property
laws unless you own or control the rights thereto or have
received all necessary consent to do the same; (v) advertise
or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows
such messages; (vi) restrict or inhibit any other user from
using and enjoying the Communication Services or the Website;
(vii) harvest or otherwise collect information about others,
including email addresses; or (viii) violate any applicable
laws or regulations.
UpClock has no obligation to monitor the Website or Communication
Services. However, UpClock reserves the right to review materials
posted to the Website and the Communication Services and to
remove and/or edit any materials in its sole discretion. UpClock
reserves the right to terminate your access to the Website
and the Communication Services at any time, without notice,
for any reason whatsoever.
UpClock reserves the right at all times to disclose any information
as it deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole
or in part, in UpClock's sole discretion.
USE OF SOFTWARE
Any software that is made available to download from the
Website (“Software”) is the copyrighted work of UpClock.
Use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included
with the Software (“EULA”). An end user will be unable
to install any Software that is accompanied by or includes
a EULA, unless he or she first agrees to the EULA terms. The
Software is made available for download solely for use by
end users according to the EULA. Any reproduction or redistribution
of the Software not in accordance with the EULA is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
possible.
FOR YOUR CONVENIENCE, UPCLOCK SOFTWARE MAY MAKE AVAILABLE
AS PART OF THE WEBSITE OR IN ITS SOFTWARE PRODUCTS, TOOLS
AND UTILITIES FOR USE AND/OR DOWNLOAD. UPCLOCK SOFTWARE DOES
NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE
RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS
AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS
OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE
ON THE SERVICES OR IN UPCLOCK SOFTWARE PRODUCTS.
TRADEMARKS
UpClock, the UpClock logo, and any other marks used on the
Website are trademarks of UpClock or their respective owners.
Such marks may not be used without the prior written consent
of UpClock. Any use of those marks, or any others displayed
on the Website, will inure solely to the benefit of their
respective owners.
UNSOLICITED SUBMISSION POLICY
UpClock Software does not accept or consider unsolicited
ideas, suggestions, materials or other information (all of
the foregoing being “Submissions”). The purpose for this
policy is to avoid misunderstandings or disputes with respect
to the origin of ideas, products, services and strategies
of UpClock. Please do not send your unsolicited ideas to UpClock
or anyone at UpClock. In the event that you disregard this
policy and post, upload, input, provide, submit or otherwise
make a Submission to Premium Clock, (i) you will be granting
Premium Clock and its affiliates permission to use your Submission
in connection with the operation of its businesses (the “License”),
including, without limitation, the right to copy, distribute,
display, edit, reproduce, translate and reformat your Submission,
and (ii) you warrant and represent that you own or otherwise
control all of the rights to your Submission, including, without
limitation, the rights necessary to grant the License. No
compensation will be paid with respect to your Submission.
UpClock will not be subject to any obligation of confidence
with respect to your Submission.
NO UNLAWFUL OR PROHIBITED USE
You may not use the Website for any purpose that is unlawful
or prohibited by the terms and conditions provided herein.
You may not use the Website in any manner that could damage,
disable, overburden or otherwise impair any UpClock server
or the network(s) connected to any UpClock server, or interfere
with any other person’s use and enjoyment of the Website.
You may not attempt to gain unauthorized access to the Website
or the computer systems or networks connected to any UpClock
server through any means. You may not obtain any materials
or information through any means not intentionally made available
to you through the Website.
LINKS
Any links to third party websites are provided for your convenience
only, and UpClock makes no recommendation or endorsement as
to such websites or the products or services offered thereon.
You may link to the UpClock Website, unless notified otherwise
in writing by UpClock. However, you may not frame the Website
in a manner that may cause confusion to UpClock customers,
nor may you interfere or attempt to interfere in any way with
the operation of the Website, including without limitation
through data mining, the use of any robot, scraper or other
automated device, or circumvention or attempted circumvention
of any website security features.
SPAM EMAIL AND POSTINGS
You agree that UpClock would be irreparably harmed by the
use, by you or others, of the Website or facilities in connection
with the transmission of spam newsgroup postings or unsolicited
email in violation of the terms of use as provided herein,
and that UpClock is entitled to obtain injunctive relief against
any such transmission (in addition to all other remedies available
at law or in equity). UpClock reserves the right to block,
filter or delete unsolicited email.
U.S. EXPORT ADMINISTRATION LAWS AND REGULATIONS
You acknowledge and agree that material on the Website is
subject to the U.S. Export Administration Laws and Regulations.
Diversion of such material contrary to U.S. law is prohibited.
You agree that none of the material on the Website, nor any
direct product therefrom, is being or will be acquired for,
shipped, transferred, or re-exported, directly or indirectly,
to proscribed or embargoed countries or their nationals, nor
be used for nuclear activities, chemical biological weapons,
or missile projects unless authorized by the U.S. Government.
You certify that you are not on the U.S. Department of Commerce’s
Denied Persons List or affiliated lists or on the U.S. Department
of Treasury’s Specially Designated Nationals List. You agree
to comply strictly with all U.S. export laws and assume sole
responsibility for obtaining licenses to export or re-export
as may be required.
DISCLAIMER
THE CONTENT CONTAINED IN THE WEBSITE IS PROVIDED BY UPCLOCK
SOFTWARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES
NOT CONSTITUTE A SPECIFIC RECOMMENDATION OR ADVICE. SUCH CONTENT
IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR
USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME ALL
LIABILITY IN RELATION TO IT.
ANY INFORMATION OR ADVICE PROVIDED THROUGH THE WEBSITE THAT
IS RELATED TO SUPPORT OF UPCLOCK SOFTWARE PRODUCTS IS SUBJECT
TO THE TERMS AND CONDITIONS OF THE LICENSE AND SUPPORT AGREEMENT
BETWEEN YOU AND UPCLOCK SOFTWARE, AND NOT TO THESE TERMS OF
USE.
LIMITATION ON LIABILITY
AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE WEBSITE,
AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT:
(i) IN NO EVENT WILL UPCLOCK SOFTWARE OR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ANY SITE
LINKED TO THE WEBSITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER
FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU
IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE;
AND (ii) THE AGGREGATE LIABILITY OF UPCLOCK SOFTWARE OR ANY
OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO
THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM,
e.g. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE,
FRAUD, AND/OR OTHERWISE) IS LIMITED TO $100; AND (iii) UPCLOCK
SOFTWARE SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN
IF UPCLOCK SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
ENTIRE AGREEMENT
These terms of use are the entire agreement between you and
UpClocke in relation to your use of the Website, and all other
representations or discussions are hereby excluded from this
agreement. If any part of these terms are held to be invalid
or unenforceable, the remaining provisions shall remain in
full force and effect. UpClock's failure to insist on or enforce
strict performance of these terms shall not constitute a waiver
of any breach or any future breaches thereof.
GOVERNING LAW AND JURISDICTION
The Website is controlled and operated from within the United
States, and UpClock does not represent that the Website is
appropriate for use outside the United States. If you access
the Website from outside the United States, you are responsible
for compliance with any applicable local law. Your use of
the Website shall be governed in all respects by the laws
of the Commonwealth of Massachusetts, USA, without regard
to choice of law provisions, and not by the United Nations
Convention on Contracts for the International Sale of Goods.
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