1. INTRODUCTION
By using and/or visiting the clarizen.com web sites (the "Site" or the "Service"), all services of Clarizen, Ltd. ("Clarizen"), you are agreeing to be bound by the following terms and conditions ("Terms of Use") and the terms and conditions of the Privacy Statement, which are incorporated herein by reference. If you do not agree to any of these terms, then please do not use the Service.
Violation of any of the Terms of Use will result in the termination of your account. While Clarizen prohibits use of illegal content on the Service, you understand and agree that Clarizen cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk and Clarizen shall not be liable for any such content.
2. GENERAL TERMS
You must register to the Service personally. Accounts registered by using any automated software, programs or simulation will not permitted. .
Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted on the Service's forum or elsewhere, nor does Clarizen endorse opinions expressed in the forum or elsewhere.
As a member, you may not have more than one membership account, nor may you open an alternative account if your membership is suspended, shifted, or terminated for any reason. You may not sell, trade, or transfer a membership account to another person, nor accept or use an account that was not originally yours. If an account violates these conditions, the account will be terminated immediately. .
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not monitor, data-mine, or copy our web pages or any content within the Service, nor collect, archive, trade or sell any personal data or communications about other members of the Service.
Portions of the Service will contain user provided content intended to be viewed in the form submitted by a member (the "User Provided Content"). You are solely responsible for all content, including, but not limited to text, photographs, caricatures, illustrations, designs, icons, articles, audio clips, and video clips (collectively, "User Content") that you may post, e-mail, or otherwise transmit via this Site. Although Clarizen does not claim ownership of content that our users post, by posting or submitting content any public area to the Services, you automatically grant to us and our affiliates all necessary rights, permissions and consents and licensees and you represent and warrant that you have the right to grant an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, reproduce, copy, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; You grant and waive any moral or other rights you may have so as to enable the Services to be provided without restriction or obligation other than as set out in these Terms of Use, and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by us will not infringe or violate the rights of any third party. You understand that we are unable to provide you with permission to print, reproduce audio files, essays, articles, video clips, photos or images belong to others.
For User Content, the Site is merely hosting and proving access, and we accept no liability whatsoever with regard to such material (including with respect to its accuracy). Clarizen does not control User Content posted or otherwise transmitted via this Site and Clarizen does not guarantee the accuracy, integrity, or quality of such User Content. You understand and agree that we may review and delete or remove any User Content that in the sole judgment of Clarizen violate this Agreement or which might be illegal, obscene, indecent, defamatory, or incite racial or ethnic hatred or violate the rights of others, or harm or threaten the safety of Users or others, and we may terminate your use of the Service in these circumstances.
3. CANCELLATION AND TERMINATION
You may terminate your account at any time without cause, penalty or explanation.
Clarizen, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Clarizen service, for any reason at any time.
Such termination of the Service will result in the deactivation or deletion of your account or your access to your account.
Clarizen reserves the right to refuse service to anyone for any reason at any time.
Except as otherwise expressly provided herein, all sections of these terms which, by their nature should survive termination, will survive termination, including, without limitation, warranty disclaimers and limitations of liability. Termination is not an exclusive remedy and we reserve all other available remedies in contract, law or equity.
4. MODIFICATIONS TO THE SERVICE
Clarizen reserves the right to update and change the Terms of Use from time to time for any reason and without prior notice. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Use at: http://www.clarizen.com/terms.html
Clarizen shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
5. COPYRIGHT AND CONTENT OWNERSHIP
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.
Clarizen does not pre-screen content, but Clarizen and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
The look and feel of the Service is copy right protected by Clarizen. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without a prior express written permission from Clarizen.
Any unsolicited materials submitted or sent to Clarizen, will be deemed to be not confidential or secret. By submitting or sending information or other material to Clarizen you: (a) Warrant that you have all rights of any kind to the material and that to the best of your knowledge no other party has any rights to the material; and (b) Unless stated specifically otherwise therein, grant Clarizen an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the material, and you further agree that Clarizen is free to use any ideas, know-how, concepts or techniques you send us for any purpose, without any compensation to you or any other person.
6. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLARIZEN EXPRESSLY DISCLAIMS 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. CLARIZEN MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES CLARIZEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE PLUG-IN WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLARIZEN OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLARIZEN SHALL NOT BE LIABLE 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 CLARIZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
8. MISCELLANEOUS PROVISIONS
You understand that Clarizen uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Clarizen, or any other Clarizen service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the advance express written permission by Clarizen.
We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Clarizen customer, employee, member, or officer will result in immediate account termination.
While using the Service and Clarizen's Site you agree not to harass, threaten, embarrass or cause distress or discomfort to, or restrict or inhibit access by, another user, or any other individual or entity.
You further agree not to impersonate any other person or entity, including without limitation any Clarizen official, or misrepresent your affiliation with any other person or entity.
You shall not advertise or solicit pyramid schemes, investment opportunities or other schemes or engage in spamming or flooding or otherwise send any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted herein, or by the provider of such information, software or other material);
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
THE SERVICES AND SITE MAY BE VULNERABLE TO VARIOUS SECURITY ISSUES AND SHOULD NOT BE CONSIDERED SECURE. BY USING THE SERVICES AND SITE YOU MAY BE SUBJECT TO VARIOUS RISKS, INCLUDING AMONG OTHERS: (i) unauthorized exposure of information and material you post on or through the Service; (ii) exposure to objectionable material and/or parties, including without limitation, content and messages that may offend and which may contain contaminated files (iii) unauthorized invasion of your privacy during, or as a result of, your or another's use of the Service (iv) spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, "imposturing", electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be unlawful.
IF YOU DO NOT WISH TO BE SUBJECTED TO THESE RISKS, YOU ARE ADVISED NOT TO USE THE SERVICE.
The failure of Clarizen to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Clarizen and govern your use of the Service, superseding any prior agreements between you and Clarizen (including, but not limited to, any prior versions of the Terms of Use).
Questions about the Terms of Use should be sent to support at support@clarizen.com.
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