PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS BETA WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Web site of Chronus, Corp. ("Company"), located at www.GoalSphere.com (the "Site") and the information and other services provided therein (the "Services"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Company for violations of these Site Terms.
Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
All other questions or comments about the Site or its contents should be directed to customercare@GoalSphere.com.
1. Privacy Policy
Please refer to our Privacy Policy. For information
on how Company collects, uses and discloses personally identifiable information
from its users.
2. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the
Site, including, without limitation, the Company logo, and all designs, text,
graphics, pictures, reviews, information, data, software, sound files, other
files and the selection and arrangement thereof (collectively, the "Site
Materials") are the proprietary property of Company or its licensors or
users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sub licensable license to access and use the
Site and electronically copy, (except where prohibited without a license) and
print to hard copy portions of the Site Materials for your informational,
non-commercial and personal use only. Such license is subject to these Site
Terms and does not include or authorize, and you agree to refrain from: (a) any
resale or commercial use of the Site or the Site Materials therein; (b) the
collection and use of any user listings, pictures, profiles, ratings or
descriptions; (c) the distribution, public performance or public display of any
Site Materials, (d) modifying or otherwise making any derivative uses of the
Site and the Site Materials, or any portion thereof; (e) use of any data
mining, robots or similar data gathering or extraction methods; (f) downloading
(other than the page caching) of any portion of the Site, the Site Materials or
any information contained therein, except as expressly permitted on the Site;
(g) any use of the Site or the Site Materials other than for its intended
purpose; (f) decompiling, disassembling, reverse engineering, or otherwise
attempting to derive the source code for the Site or any software associated
with the Site; (g) altering or removing any copyright, trademark, or other
protective notices contained in or on any portion of the Site. Any use of the
Site or the Site Materials other than as specifically authorized herein,
without the prior written permission of Company, is strictly prohibited and
will terminate the license granted herein. Such unauthorized use may also
violate applicable laws including without limitation copyright and trademark
laws and applicable communications regulations and statutes. Unless explicitly
stated herein, nothing in these Site Terms shall be construed as conferring any
license to intellectual property rights, whether by estoppels, implication or
otherwise. This license is revocable at any time.
3. Beta Test Acknowledgement; Confidentiality
You acknowledges that you are using a preliminary, preview edition of the Site
and the Services (the "Beta Site"), that you are participating in a
beta test of the Site and the Services (the "Beta Test"), and that
the Beta Site may contain bugs, may not operate properly or perform all
intended functions, may interfere with the functioning of other software
applications, and may cause errors, data loss or other problems.
You agree to that all information about the Beta Site, the Services and the Beta Test, including without limitation any comments, ideas or other Feedback (collectively the "Feedback") you provide to Company regarding the Site, the Services or the Beta Test, shall be treated as confidential (the "Confidential Information"). You agree not to use the Confidential Information in any manner, except for your personal use for the sole purpose of testing the Beta Site, and you agree to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person. You further agree to take all steps reasonably necessary to protect the secrecy of the Confidential Information and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons. All Confidential Information shall remain the sole property of Company, and Company may use such Confidential Information for any purpose without any obligation to you.
3. Feedback
You agree to promptly report to Chronus Corporation any failure of the GoalSphere
Site and the Services to perform in accordance with applicable documentation,
and you will provide such other information and Feedback relating to the Site
and the Services as requested. You hereby assigns to Company all right title
and interest you may have in and to all Feedback.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other
applicable law, Company has adopted a policy of terminating, in appropriate
circumstances and at Company's sole discretion, subscribers or account holders
who are deemed to be repeat infringers. Company may also at its sole discretion
limit access to the Site and/or terminate the accounts of any users who
infringe any intellectual property rights of others, whether or not there is
any repeat infringement.
5. Copyright Complaints
If you believe that any material on the Site infringes upon any copyright which
you own or control, you may file a notification of such infringement with our
Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Vellore
Vetrivelkumaran
Full Address of Designated Agent to Which Notification Should be Sent: 16010 NE
44th CT
Redmond, WA 98052
E-Mail Address of Designated Agent: designatedagent@GoalSphere.com
We may give notice of a claim of copyright infringement to our users by means
of a general notice on the Site, electronic mail to a user's email address in
our records.
6. Trademarks
Chronus, GoalSphere, the Company logo and any other logo or service name
or slogan contained in the Site are trademarks of Company and its suppliers or
licensors, and may not be copied, imitated or used, in whole or in part,
without the prior written permission of Company or the applicable trademark
holder. You may not use any metatags or any other "hidden text"
utilizing "GoalSphere" or any other name, trademark or product or
service name of Company without our prior written permission. In addition, the
look and feel of the Site, including all page headers, custom graphics, button
icons and scripts, is the service mark, trademark and/or trade dress of Company
and may not be copied, imitated or used, in whole or in part, without our prior
written permission. All other trademarks, registered trademarks, product names
and company names or logos mentioned in the Site are the property of their
respective owners.
7. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to
the Site for noncommercial purposes, provided such link does not portray
Company, any of its products and services, misleading, derogatory or otherwise
defamatory manner and provided further that the linking site does not contain
any adult or illegal material or any material that is offensive, harassing or
otherwise objectionable. This limited right may be revoked at any time. You may
not use a Company logo or other proprietary graphic of Company to link to this
Site without the express written permission of Company. Further, you may not use,
frame or utilize framing techniques to enclose any Company trademark, logo or
other proprietary information, including the images found at the Site, the
content of any text or the layout/design of any page or form contained on a
page on the Site without Company's express written consent. Except as noted
above, you are not conveyed any right or license by implication, estoppels or
otherwise in or under any patent, trademark, copyright or proprietary right of
Company or any third party.
Company makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature or reliability of third-party
Web sites accessible by hyperlink from the Site, or Web sites linking to the
Site. Such sites are not under the control of Company and Company is not
responsible for the contents of any linked site or any link contained in a
linked site, or any review, changes or updates to such sites. Company provides
these links to you only as a convenience, and the inclusion of any link does not
imply affiliation, endorsement or adoption by Company of any site or any
information contained therein. When you leave the Site, you should be aware
that our terms and policies no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any site
to which you navigate from the Site.
8. Disclaimers
THE SITE, THE SITE MATERIALS AND THE SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE
INFORMATION, CONTENT OR MATERIALS IN THE SITE. COMPANY DOES NOT REPRESENT OR
WARRANT THAT THE SERVICES OR THE SITE MATERIALS, INCLUDING THE INFORMATION
AVAILABLE ON OR OBTAINED THROUGH THE SITE, ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS
SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to be solely responsible for your use of the Site, the Site Materials
and the Services.
COMPANY IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR
MATERIALS CONTAINED ON OR OBTAINED THROUGH THE SITE. WHILE COMPANY ATTEMPTS TO
MAKE YOUR ACCESS AND USE OF THE SITE SAFE, COMPANY CANNOT AND DOES NOT
REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR
MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU
SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES,
SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM
ANY DOWNLOAD.
Company reserves the right to change any and all content contained in the Site
and any Services offered through the Site at any time without notice.
9. Limitation of Liability
IN NO EVENT SHALL COMPANY OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT
CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS,
EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE,
THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE
SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR
RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR
THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR
EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE
OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS,
PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED),
PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING
IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED
ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE.
10. Third Party Content
Company or users may provide links to Web pages and content of third parties as
a service to those interested in such links and content, and Company may post
third party content or allow users to post their content or third party content
to the Site (such content is collectively referred to as "Third Party
Content"). Company does not monitor or have any control over any Third
Party Content or third party Web sites. Company does not endorse or adopt any
Third Party Content or third party Website and can make no guarantee as to its
accuracy or completeness. Company does not represent or warrant the accuracy of
any information contained therein and undertakes no responsibility to update or
review any Third Party Content or third party Websites. Users use these links,
Third Party Content and third party Websites at their own risk.
11. Third Party Advice and Services
The Site may contain advice provided by third parties ("Third-Party
Advice")and may also provide information regarding or link to certain
applications and services provided or offered by third parties (collectively
the "Third-Party Services"). Company is not a referral service, and
it does not recommend or endorse any such Third-Party Advice or Third-Party
Services or monitor or have any control over such Third-Party Advice or Third-Party
Services. Therefore, Company makes no guarantee, representation or warranty of
any kinds as to the quality, competency, value, reliability, responsiveness,
safety effectiveness, accuracy or completeness of any such Third-Party Advice
or Third-Party Services or the results obtained therefrom, and Company assumes
no responsibility or liability for any Third-Party Advice or Third-Party
Services or for the actions or failure to act of those providing such Third-Party
Advice or Third-Party Services. You assume full responsibility for your use of
any such Third-Party Advice or Third-Party Services, and Company is not
responsible or liable for any Third-Party Advice or Third-Party Services.
12. Advertisements and Promotions
Company may run advertisements and promotions from third parties on the Site.
Your business dealings or correspondence with, or participation in promotions
of, advertisers other than Company, and any terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
third party. Company is not responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such non-Company advertisers on the Site.
13. Submissions
You acknowledge and agree that any materials, including but not limited to
questions, comments, reviews, suggestions, ideas, feedback, plans, notes,
original or creative materials or other information regarding the Site, the
Services, or the Company provided by you in the form of email or other
submissions to Company, or any postings on the Site, are non-confidential and
shall become the sole property of Company. Company shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these materials for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
14. User Posted Content and Interactive
Services or Areas
The Site includes areas in which users may post content and information,
including without limitation, messages, comments, data, text, photos, graphics,
ratings and reviews or other materials (the "User Content"), and may
include other interactive areas or services in which you or third parties may
create, post, modify or store information, content, materials or other items on
the Site (the "Interactive Areas"). You are solely responsible for
your use of such Interactive Areas and use them at your own risk. By using the
Site, you agree not to post, upload to, transmit, distribute, store, create or
otherwise publish through the Site any of the following:
Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Site and the Interactive Areas is at your own risk. As a provider of interactive services, Company is not liable for any statements, representations or User Content provided by its users in any review, rating, forum, or other Interactive Area. Although Company has no obligation to screen, edit or monitor any of the User Content posted on the Site, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
If you post User Content to the Site, unless we indicate otherwise, you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, and irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Company and its affiliates and sub licensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
15. Eligibility
This Site is intended solely for users who are thirteen (13) years of age or
older. Any registration by, use of or access to the Site by anyone under 13, is
unauthorized, unlicensed and in violation of these Terms of Use. By using the
Service or the Site, you represent and warrant that you are 13 or older and
that you agree to and to abide by all of the terms and conditions of this
Agreement.
16. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate,
current and complete information about you as may be prompted by any
registration forms on the Site ("Registration Data"); (b) maintain
the security of your password and identification; (c) maintain and promptly
update the Registration Data, and any other information you provide to Company,
to keep it accurate, current and complete; and (d) accept all risks of
unauthorized access to the Registration Data and any other information you
provide to Company. In addition, you agree not to access or use, or attempt to
access or use, the Site or any part thereof using the identity or the
Registration Data of any person other than you.
17. Indemnification
You agree to defend, indemnify and hold harmless Company, its corporate
affiliates, independent contractors, service providers and consultants, and
each of their respective directors, employees and agents, from and against any
claims, damages, costs, liabilities and expenses (including, but not limited
to, reasonable attorneys' fees) arising out of or related to any User Content
you post, store or otherwise transmit on or through the Site or your use of or
inability to use the Site or the Services, including without limitation any
actual or threatened suit, demand or claim arising out of or relating to the
User Content, your conduct, your violation of these Site Terms or your
violation of the rights of any third party.
18. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in
accordance with the laws of the State of Washington applicable to agreements
made and to be entirely performed within the State of Washington (even if your
use is outside of the State of Washington), without resort to its conflict of
law provisions. You agree that with respect to any disputes or claims not
subject to arbitration (as set forth below), any action at law or in equity
arising out of or relating to the Site or these Site Terms shall be filed only
in the state and federal courts located in King County, Washington and you
hereby irrevocably and unconditionally consent and submit to the exclusive
jurisdiction of such courts.
19. Arbitration
You and Company agree that except as otherwise specifically provided in this
paragraph, any controversy or claim arising out of or relating in any way to
these Site Terms, or the breach thereof , or to the Site and/or the Services
shall be settled exclusively by arbitration administered by the American
Arbitration Association (the "AAA") in accordance with its Commercial
Arbitration Rules and, in the case of consumer disputes, with the AAA's
Supplementary Procedures for Consumer Related Disputes (collectively, the
"AAA Rules"), and that judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof.
Notwithstanding the foregoing, to the extent that either of us has in any
manner infringed upon or violated or threatened to infringe upon or violate the
other party's patent, copyright, trademark or trade secret rights, or you have
otherwise violated any of the user conduct rules set forth in Section 11 above,
then the parties acknowledge that arbitration is not an adequate remedy at law
and that without waiving any remedy under these Site Terms, injunctive or other
appropriate relief may be sought from any court specified in Section 15
(above). The place of arbitration and the allocation of costs and fees for such
arbitration shall be determined in accordance with such AAA Rules. To the
fullest extent permitted by applicable law, no arbitration or claim shall be
joined to any other arbitration or claim, and no class arbitration proceedings
shall be permitted. In no event shall any claim, action or proceeding by you
related in any way to the Site be instituted more than two (2) years after the
cause of action arose. In the event that any term of this Section 16
(Arbitration) is held to be in conflict with a mandatory provision of
applicable law, such conflicting term shall be modified automatically to comply
with such provision and the remainder of this Section 16 shall not be affected.
20. Termination
Notwithstanding any of these Site Terms, Company reserves the right, without
notice and in its sole discretion, to terminate your license to use the Site,
and to block or prevent your access to and use of the Site.
21. Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from these
Site Terms and shall not affect the validity and enforceability of any
remaining provisions.
22. Questions & Contact Information
Questions or comments about the Site may be directed to Company at the email
address customercare@GoalSphere.com.