Clock Tab provides the information on this Web site as provided in these Terms of Service ("TOS"). Clock Tab may update the TOS at any time and without prior notice by posting a new version at https://www.clocktab.com. The information on this site and your use of it is subject to the most recent version of the TOS posted.
Clock Tab provides you with access to discussion lists, forums, licenses and a variety of other services. ("Clock Tab Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Clock Tab Service shall be subject to the TOS.
In consideration of your use of the Clock Tab Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
You understand that all information, data, text, software, graphics or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Clock Tab, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Clock Tab Service. Clock Tab does not control the Content posted via the Clock Tab Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Clock Tab be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Clock Tab Service. You agree to not use the Clock Tab Service to:
Clock Tab does not claim ownership of Content you submit or make available for inclusion via the Clock Tab Service. However, with respect to Content you submit or make available for inclusion on the publicly available Clock Tab Service, you irrevocably grant Clock Tab the perpetual, worldwide, royalty-free and non-exclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, in whole or in part, on the Clock Tab Service or other publications by Clock Tab in any media whether now existing or which come into the existence into the future and to provide that information under the license set forth on the initial page of the https://www.clocktab.com Web site. And for Content you submit for private discussions, you grant Clock Tab the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the associated private discussion group.
You agree to indemnify and hold Clock Tab and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Clock Tab Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You acknowledge that Clock Tab may establish general practices and limits concerning use of the Clock Tab Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Clock Tab Service.. You further acknowledge that Clock Tab reserves the right to modify these general practices and limits from time to time. Clock Tab reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Clock Tab Service (or any part thereof) with or without notice. You agree that Clock Tab shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Clock Tab Service.
You agree that Clock Tab may terminate your access to the Clock Tab Service for violations of the TOS and/or requests by authorized law enforcement or other government agencies.
The Clock Tab Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Clock Tab has no control over such sites and resources, you acknowledge and agree that Clock Tab is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Clock Tab shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You expressly understand and agree that: Your use of the Clock Tab service is at your sole risk. Clock Tab service is provided on an "as is" and "as available" basis. Clock Tab and its subsidiaries, affiliates, officers, employees and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Clock Tab and its subsidiaries, affiliates, officers, employees and licensors make no warranty that
You expressly understand and agree that Clock Tab and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Clock Tab has been advised of the possibility of such damages), resulting from the use or the inability to use the Clock Tab service.
Clock Tab respects the copyright of others, and we ask our users to do the same. Clock Tab may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Clock Tab the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Entire Agreement. The TOS constitutes the entire agreement between you and Clock Tab and governs your use of the Clock Tab Service, superseding any prior agreements between you and Clock Tab with respect to the Clock Tab Service. Choice of Law and Forum. The TOS and the relationship between you and Clock Tab shall be governed by the laws of Germany without regard to its conflict of law provisions. You and Clock Tab agree to submit to the personal and exclusive jurisdiction of the courts located within Germany. Waiver and Severability of Terms. The failure of Clock Tab to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.