ACCEPTANCE OF TERMS
DESCRIPTION OF WEB SITE
OpenTempo currently provides information about OpenTempo and its products to users via a web site. You also understand and agree that the web site may include advertisements, surveys, or promotions. Unless explicitly stated otherwise, any new feature that augments or enhances the current web site shall be subject to the TOU. You understand and agree that the web site is provided “AS-IS” and that OpenTempo assumes no responsibility for the performance, accuracy, availability, or reliability of the web site. OpenTempo 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.
YOUR REGISTRATION OBLIGATIONS
If you register as a registered user of this web site, in consideration of your use of the web site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the web site’s registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if OpenTempo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OpenTempo has the right to suspend or terminate your account and refuse any and all current or future use of the web site (or any portion thereof). OpenTempo may also in its sole discretion and at any time discontinue providing the web site, or any part thereof, with or without notice. You agree that any termination of your access to the web site under any provision of this TOU may be effected without prior notice, and acknowledge and agree that OpenTempo may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the web site. Further, you agree that OpenTempo shall not be liable to you or any third-party for any termination of your access to the web site.
All materials contained on the web site (“Content”) are protected by copyright, and are owned or controlled by OpenTempo or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the web site. You may download and make copies of the Content and other downloadable items displayed on this Web site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from OpenTempo or the copyright holder identified in the individual Content’s copyright notice. OpenTempo may change, suspend or discontinue any aspect of the web site at any time, including the availability of any web site feature, database, or Content. OpenTempo may also impose limits on certain features and services or restrict your access to parts or all of the web site without notice or liability.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the or the country in which you reside.
CONTENT SUBMITTED TO THE WEB SITE
You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the web site any materials which (i) restrict or inhibit any other user from using and enjoying the web site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) constitute or contain false or misleading indications of origin or statements of fact. OpenTempo does not and cannot review all materials posted to the web site by users, and OpenTempo is not responsible for any such materials posted by users. However, OpenTempo reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in OpenTempo’ sole discretion are objectionable or in violation of this Agreement. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the web site, you hereby grant to OpenTempo a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against OpenTempo for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You agree to indemnify and hold OpenTempo and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the web site, your use of the web site, your connection to the web site, or your violation of the TOU.
The web site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because OpenTempo has no control over such sites and resources, you acknowledge and agree that OpenTempo 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 OpenTempo 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.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
OpenTempo MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, WEB SITES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND 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 ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OpenTempo OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OpenTempo SHALL NOT BE LIABLE FOR ANY 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 OpenTempo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEB SITE.
OpenTempo, OpenTempo, Inc., are trademarks or registered trademarks of OpenTempo, Inc. in the United States and other countries. All other trademarks or registered trademarks are properties of their respective owners.
The TOU constitutes the entire agreement between you and OpenTempo and governs your use of the web site, superseding any prior agreements between you and OpenTempo. The TOU and the relationship between you and OpenTempo shall be governed by the laws of the State of Vermont without regard to its conflict of law provisions. You and OpenTempo agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Vermont . The failure of OpenTempo to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 that the other provisions of the TOU remain in full force and effect.
Please report any violations of the TOU to OpenTempo at firstname.lastname@example.org.