Date of Last Revision: March 15, 2010
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with Tahometer. By using or accessing Tahometer, you agree to this Statement.
2. Sharing Your Content and Information
You own all of the content and information you post on Tahometer, and you can control how it is shared through your privacy and application settings. In addition:
- For content that is covered by intellectual property rights, like screenshots ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you share through Tahometer ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information using the "everyone" setting, it means that everyone, including people off of Tahometer, will have access to that information and we may not have control over what they do with it.
- We always appreciate your feedback or other suggestions about Tahometer, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Tahometer safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not collect users' content or information, or otherwise access Tahometer, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not integrate Tahometer to your solutions without written approval of Tahometer.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- You will not use Tahometer to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of Tahometer, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
4. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Tahometer that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Tahometer if we believe that it violates this Statement.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on Tahometer.
5. Refund policy
If you are not satisfied with your purchase, within 30 days from the purchase date, we will fully refund the cost of your order.
- We can change this Statement if we provide you notice by posting the change on the Tahometer website.
- We can make changes for legal or administrative reasons upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Tahometer to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
WE TRY TO KEEP TAHOMETER UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING TAHOMETER "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT TAHOMETER WILL BE SAFE OR SECURE. TAHOMETER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR TAHOMETER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR TAHOMETER WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TAHOMETER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- By "Tahometer" we mean the features and services we make available, including through (a) our website at www.tahometer.com and any other Tahometer branded or co-branded websites (including sub-domains, international versions, applications), devices, or networks now existing or later developed.
- By "us," "we" and "our" we mean Tahometer, LLC.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you (Tahometer Agent) post on Tahometer that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from Tahometer.
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into Tahometer at least once in the previous 30 days.
- By "application" we mean any application or website (including Connect sites) that uses or accesses Tahometer, as well as anything else that receives data.
- This Statement makes up the entire agreement between the parties regarding Tahometer, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.