Last Revision: September 1, 2017
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.
1. Clarification of Terms
- By "Tahometer," we mean all features and services we make available, both through 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 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 make use of, copy, publicly perform or display, distribute, modify, translate and create derivative works.
- 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.
2. Sharing Your Content and Information
You own all of the content and information you post on Tahometer and are thus entitled to control how it is shared through your privacy and application settings. In addition:
- For content that is covered by intellectual property rights, such as screenshots ("IP content"), you specifically grant us the right to the following, subject to your privacy and application settings: A non-exclusive, transferable, sublicensable, 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, this happens in a manner similar to emptying the recycle bin on a computer. Therefore, you understand that removed content may persist in backup copies for a reasonable amount of time (though it will not be available to third parties).
- When you publish content or information using the "everyone" setting, this means that everyone, including people outside 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 and other suggestions regarding Tahometer, but you understand that we may use these 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 this security. In order to help us with this task, you agree to 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 into your solutions without the express written approval of Tahometer.
- You will not upload viruses or other malicious code to our servers.
- You will not solicit login information or access an account which belongs 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 functioning of Tahometer, such as a denial of service attack.
- You will not facilitate or encourage any violations of this agreed Statement.
5. 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 goes against or violates someone else's rights, or otherwise infringes the law.
- You understand that we can remove any content or information you post on Tahometer if we believe it to be in violation of this Statement.
- You acknowledge that if you repeatedly infringe upon other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks, or any other confusingly similar logos or trademarks, without our express written consent.
- You will not post anyone's identification documents or any sensitive financial information on Tahometer.
6. Refund policy
If you are not satisfied with Tahometer, we will fully refund the cost of your order within 30 days from the date of purchase.
7. Disclaimer of Warranties
We hereby disclaim all warranties that the aforementioned service will correspond to any of your requirements or that it will be updated constantly, in a timely manner, accurately or faultlessly. We cannot guarantee the outcome that may be received through the use of our service, nor the accuracy and reliability of the information obtained from this webpage. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE RECEIVED THROUGH THE USE OF OUR SERVICE WILL BE OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF SAID CONTENT. UNLESS ANYTHING ELSE IS PREDETERMINED, Tahometer PRESENTS THE CONTENT OF OUR WEBSITE AS IS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULL EXTENT PREDETERMINED BY LAW. THIS INCLUDES NON-VIOLATION OF INTELLECTUAL PROPERTY, IMPLIED WARRANTIES REGARDING THE STATE OF OUR SERVICE AND ITS FITNESS FOR A PARTICULAR USE. UNDER NO CIRCUMSTANCES WILL Tahometer OR ITS RESELLERS BE RESPONSIBLE FOR ANY DAMAGES OR LOSS INCLUDING THE DAMAGE FROM NON-RECEIVED PROFIT, THE LOSS OF INFORMATION OR TERMINATION OF BUSINESS FUNCTIONING, CAUSED BY THE INABILITY TO USE THE CONTENT OF OUR WEBSITE, EVEN IF Tahometer WAS INFORMED ABOUT POSSIBLE DAMAGES.
8. Limitation of Liability
Tahometer MAKES REASONABLE ATTEMPTS TO ALWAYS DISPLAY ACCURATE INFORMATION ON THIS WEBSITE. BY USING OUR SERVICE, YOU UNDERSTAND AND AGREE THAT Tahometer WILL NOT BE LIABLE FOR ANY DAMAGES AND LOSSES (BE THAT DIRECT, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER) RESULTING FROM YOUR USE OR INABILITY TO USE OUR WEBSITE OR FROM ANY ERROR IN THE CONTENT OF THE WEBSITE REGARDLESS OF THE CHARACTER OF LIABILITY, EVEN IF Tahometer WAS INFORMED ABOUT POSSIBLE DAMAGE OR LOSS. THIS INCLUDES NEGLIGENCE OR NEGLIGENCE WITH HARSH CONSEQUENCES. NOTE: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, Tahometer may stop providing all or part of our services to you. Should this occur, you will receive notification by email or at the next time you attempt to access your account. You are also entitled to delete your account or disable your application at any time.
10. Deletion of Data
Tahometer never deletes your tracked time, projects, tasks, user lists or emails unless you or the administrator of your domain decides to delete it. We do, however, reserve the right to delete full-width screenshots 1 year after they have been uploaded, and screenshot previews shown on the statistics page 3 years after their upload date.
- This Statement constitutes 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 part of this Statement, this will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You acknowledge that 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 beneficiary rights on any third party.
- We may change this Statement at any time if we notify you by posting the updated version on Tahometer's website.
- We may also make changes for legal or administrative purposes upon notice without giving you the opportunity to comment on this change.