terms
This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and CLOCKEDOFF.COM and its affiliates (collectively, “we” or “us” or “our”), concerning your access to and use of the clockedoff.com website as well as any other media form or media channel related or connected thereto (collectively, the “Website”). This Agreement will govern your use of any new or existing Website features or services. Supplemental terms and conditions or documents may be posted on the Website from time to time, and these documents are hereby expressly incorporated into this Agreement by reference. The Website is hosted in the United States. We make no representation that the Website is appropriate or available in other locations. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website.
THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY. BY USING THE WEBSITE, USING COMPANY SERVICES, OR ACCEPTING THIS AGREEMENT DURING THE REGISTRATION OR ACCOUNT CREATION PROCESS (IF APPLICABLE), YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR CONTINUE TO USE THE COMPANY SERVICES OR THE WEBSITE.
I. Prohibited Activites
You may not access or use the Website for any other purpose other than that for which we make it available. The Website is for the personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activity includes, but is not limited to: a. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets; b. advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by us; c. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us; d. making any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; e. disguising the origin of any information or inquiry transmitted through the Website or using tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service; f. engaging in unauthorized framing of or linking to the Website; g. using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; h. tricking, defrauding or misleading us; i. making improper use of Company’s support services or submitting false reports of abuse or misconduct; j. engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools; k. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website; l. attempting to impersonate another person by using their name and information to fill out a survey; m. selling or otherwise transferring your profile; n. using any information obtained from the Website in order to harass, abuse, or harm another person; o. using the Service as part of any effort to compete with us or to provide services as a service bureau; p. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website; q. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website; r. harassing, annoying, intimidating or threatening any agents engaged in providing any portion of Services to you; s. displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose; t. deleting the copyright or other proprietary rights notice from any Content; u. uploading or transmitting (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of Services; v. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software; w. disparaging, tarnishing, or otherwise harming, in our opinion, and/or the Website; and x. using the Website in a manner inconsistent with any and all applicable laws and regulations.
II. Intellectual Property Rights
The content on the Website (“Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. All graphics, logos, designs, page headers, button icons, scripts and service names may be registered trademarks, common law trademarks or trade dress of us in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of us. Except as expressly provided in this Agreement, no license to use, copy, distribute, republish, transmit or otherwise exploit any Content is given to you and all intellectual property rights in and to the Content are expressly reserved to us.
III. Term and Termination
This Agreement shall remain in full force and effect while you use the Website, Services, or are otherwise a user or member of the Website, as applicable. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND OUR SERVICES, WITHOUT WARNING, IN OUR SOLE DISCRETION. In order to protect the integrity of the Website and Services, we reserve the right at any time in its sole discretion to block certain IP addresses from accessing the Website or Services. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.