Elementool Inc. Subscriber Agreement
|
| Welcome to Elementool Inc. bug tracking and managing service (the "Service").
Elementool Inc. (the "Provider") provides the Service pursuant to the Terms and
Conditions set forth below. By clicking on the [Submit] button, you are
agreeing to use the Service in a manner consistent with the Terms and
Conditions of this Agreement and with all applicable laws and regulations. The
Provider may modify this Agreement at any time.
|
| 1. SUBSCRIBER CONDUCT. You agree that you are solely responsible for the
content of your account, and you further acknowledge that the Provider acts as
a passive conduit for the storage of data. You represent and warrant that the
content you provide to the Provider: (a) does not infringe on any third party's
intellectual property or proprietary rights, or rights of publicity or privacy;
(b) does not violate any law, statute, ordinance or regulation; (c) is not
defamatory, trade libelous, threatening, abusive, pornographic or obscene; (d)
does not contain viruses or other similar harmful or deleterious programming
routines; and (e) does not contain links to any such sites referenced above. If
you violate any aspect of this provision you may be penalized up to and
including loss of the Service and any other remedies available to the Provider
by law.
|
| 2. REGISTRATION DATA. In consideration of use of the Service, you agree
to provide the Provider current, complete, and accurate registration
information (the "Registration Data") as prompted by the Service, and to
maintain and update the Registration Data as required keeping it current,
complete and accurate. In cases where you choose to receive services from third
parties associated with the Provider, you grant the right to disclose your
individual Registration information. You also understand that third party
service providers have individual policies towards the privacy of customer
information, which may differ from those stated herein. Furthermore, the
Provider may itself use your individual Registration Data to provide targeting
of advertisements and other Service offers.
|
| 3. PRIVACY. The Provider considers the Registration Data and the content
of all databases to be private. Except as provided in Sections 1 and 2 above,
the Provider will not intentionally monitor or disclose any data entered or
Registration Data unless required by law. Additionally, you agree to respect
the privacy and confidentiality of others. Since Subscriber privacy is a
function of your password, the Provider encourages Subscribers to change
passwords frequently and further not to share the password with any third
party.
|
| 4. USE PURPOSE. You agree not to resell the Service without the express
written consent of the Provider and you agree to be fully liable for the use of
your account, including any unauthorized use of your account by a third party.
|
| 5. INDEMNIFICATION. You agree to defend, indemnify and hold harmless the
Provider, its employees, directors, officers, agents and their successors and
assigns from and against any and all liabilities, damages, losses, costs and
expenses, including attorney's fees, caused by or arising out of claims based
upon the use of your account, including but not limited to any claim of libel,
defamation, violation of rights of privacy or publicity, loss of service and
infringement of intellectual property or other rights. You agree that the
reseller of this Service (if any) is not responsible for any direct or indirect
damages resulting from use of the Service.
|
| 6. TERM. This Agreement shall continue in full force and effect for so
long as you are using the Service. Either you or the Provider may terminate the
Service at any time, with or without cause. The provisions of Sections 1, 5, 7,
and 8 shall survive any such termination.
|
| 7. 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. 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. THE
PROVIDER MAKES NO WARRANTY THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE
PROVIDER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE
SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND
AGREE ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLEY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR
ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM THE PROVIDER OR THROUGH THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
|
| 8. LIMITATION OF LIABILITY. THE PROVIDER SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED
COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Some
States do not allow the limitation of liability so the foregoing may not apply
to you. YOU ALSO AGREE THAT YOUR SOLE REMEDY UNDER THE TERMS AND CONDITIONS OF
THIS AGREEMENT IS CANCELLATION OF THE SERVICE.
|
| 9. DATA STORAGE. The Provider may limit of the size of storage space.
All Subscriber accounts without login activity for a period of more than ninety
(90) days will be classified as inactive ("Inactive Account"). The Provider, in
its sole discretion, may delete any existing data from Inactive Accounts and
the trying of submitting incoming data may be refused.
|
|
10. MISCELLANEOUS. This Agreement shall be governed by and construed in
accordance with the laws of the State of Delaware without giving effect to
principles of conflict of laws. If any provision of this Agreement is held to
be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. The Provider's failure to act with respect to a
breach by a Subscriber does not waive its right to act with respect to
subsequent or similar breaches. This Agreement sets forth the entire
understanding and agreement between you and the Provider.
|