Terms of Use
(Last modified: June, 2011)
The following are the “Terms and Conditions” under which you may use PHIGRID.COM (the “Website”). The term “you” means all individuals and/or entities accessing our Website for any reason. The terms "we", "us" or "our" means PHIGRID. If you would prefer to read an electronic copy of this agreement please email us at admin@PHIGRID.COM and we will email you one as soon as possible. Please read this page carefully because it contains legally binding terms for your use of the Website and all of the services that it offers. If you disagree with any of these Terms and Conditions or do not want to accept them, do not use this Website or any services offered through it as we only allow people that accept our Terms and Conditions to use our Website. Most people use the Website by setting up an account on which would make you a “User” or by simply browsing the Website which would make you a “Visitor.” If you are a User, we may notify you of additional terms and/or agreements that you must agree accept to remain a User. Any additional terms will be automatically incorporated into these Terms and Conditions unless the additional terms expressly state otherwise. We may revise these Terms and Conditions at any time by updating this posting, and any revisions will be effective immediately upon posting. You should visit this page periodically to review the Terms and Conditions, because they are binding upon you. A violation of these Terms and Conditions may result in the immediate termination of a User’s account. We reserve the right to commence legal action against any person that violates these Terms and Conditions.
I. Website Use.
The contents of PHIGRID.COM, such as text, graphics, images, logos, button icons, software and other Website Content (collectively, “Website Content”), are protected under both United States and foreign copyright, trademark and other laws. All Website Content is our property or content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Website is our exclusive property and protected by United States and international copyright laws. Unauthorized use of the Website Content may violate copyright, trademark, and other laws. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose unless we have expressly authorized you to do so in writing.
Through registration and/or use of the Website, you are representing that: (1) you are 18 years of age or older; (2) you will abide by the Terms and Conditions of the Website; and (3) you will not use the Website in violation of any applicable laws or regulations. These Terms and Conditions shall remain in effect as long as you continue to use or browse the Website. You may terminate the use of the Website at any time and for any reason and we may also terminate your use of the Website at any time and for any reason.
II. Acceptable Site Use.
The purpose of PHIGRID.COM is as a marketing tool for and a gateway to the project management application known as PHIGRID. Users may not use PHIGRID.COM to transmit, distribute, or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
III. PHIGRID Site Security Rules.
Users and Visitors may not: (a) access data not intended for you or logging into a server or account which you are not authorized to access, (b) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, or (d) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
IV. Specific Prohibited Uses.
The Website may be used only by Users and Visitors for lawful purposes. Users and Visitors must not, and by using the Website, Users and Visitors agree not to: (a) post nudity or obscene language, libel, derogatory remarks directed towards other persons, racist remarks, material that is copyrighted (unless the User is the copyright owner or has the permission of the copyright owner to post it), material that reveals trade secrets (unless the User owns them or has the permission of the owner to post it), material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others, material that is obscene, unlawful, defamatory, threatening, harassing, abusive, hateful, or to another User or any other person or entity, any sexually-explicit image or statement, advertisements or solicitations of business, chain letters or pyramid schemes, material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or sexually suggestive language, pictures or links; (b) use the Website for harassment; (c) impersonate another person; (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website; (e) use the Website for the transmission of “junk mail”, “spamming” or other like uses; (f) take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure; (g) use of the Website for criminal activity; (h) advertise products through the Website; (i) utilize any type of coding to obstruct the images, advertising and other content of the Website; (j) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; (k) frame or link to any of the Website Content or information available from any other website without our express written consent; (l) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from us on such Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); or, (m) broadcast, duplicate, transmit, sell, or otherwise use User Materials of other Users and any other Website Content that they did not submit; or any other objectionable uses (“Prohibited Uses”).
V. User Submissions.
All Users are responsible for their own communications on the Website and are solely responsible for the consequences of their postings. We do not claim ownership in any text, pictures, sound files, video files are any other material uploaded by Users (the “User Materials”). We make no warranties or representations regarding the authenticity and reliability of any User Materials. [By submitting User Materials to the Website, User grants us and our affiliates the royalty-free, nonexclusive, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as the User Materials remain on the Website (the “License”).] User also warrants that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to User the right to grant the license stated above. User also permits any other User to access, display, view, store and reproduce such content.
You are requested not to post any personal information on their Website, including home addresses or phone numbers. You hold us harmless from any intentional or negligent actions of any third parties, if you choose to post personal information on their Personal Pages.
WE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT OF ANY CONTENT THAT IS POSTED ON THE WEBSITE. ALL USERS EXPRESSLY ACKNOWLEDGE THIS PARAGRAPH, AND SHOULD ANY USER DISCOVER THAT ANY MATERIALS HAVE BEEN POSTED TO THE WEBSITE THAT VIOLATE OR INFRINGE THE COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THE USER(S) HEREBY EXPRESSLY AGREE TO RESOLVE THE DISPUTE DIRECTLY WITH THE USER (OR THEIR AGENCY), AND HOLD US HARMLESS.
We do not independently verify the information provided by Users (or their representative) or the identity of Users. We do not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by Users will be at your own risk.
We act as a passive conduit for the online distribution and publication of User-submitted information and have no obligation to screen communications or information in advance and are not responsible for screening or monitoring material posted by Users. If notified by a User that content allegedly does not conform to these Terms and Conditions, we may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. We have no liability or responsibility to Users for performance or nonperformance of such activities. We reserve the right to expel Users and prevent their further access to the Website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. We may take any action with respect to User-submitted information that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
We appreciate hearing from our customers and welcome your comments regarding our services and the Website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be our property. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.
VI. Notification and Elements of Notification of Claimed Copyright Infringement.
If you believe that your copyrighted work has been uploaded, posted or copied to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
- A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
- Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
- Your name, address, telephone number and, if you have one, your e-mail address;
- A statement by you that you have a good faith belief that use on the Website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
- A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
Mail to:
Att: Legal Counsel
eClaris Software, Inc.
99 Pasadena Ave, Building 10
South Pasadena, CA 91030
VII. Policy Regarding Termination of Users and Account Holders Who Repeatedly Infringe the Copyright or Other Intellectual Property Rights of Others.
We, and all of our affiliated companies respect the intellectual property of others, and we ask our Users, Visitors, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners’ rights. As a condition to your use of this Website, you agree not to use the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to Website of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.
VIII. Our Liability.
This Website acts as a venue for marketing the project management application known as PHIGRID. We are not involved in the evaluation of your business practices and therefore are unable to know whether it is a valid solution for your industry and/or company.
Because User authentication on the Internet is difficult, we cannot and do not confirm that each User is who they claim to be. As a result, we have limited control over the quality, the truth or accuracy of statements on the Website. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Website, in the event that you have a dispute with one or more Users, you release us (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code § 1542, which says:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We are under no legal obligation to, and generally do not, control the information provided by Users which is made available through the Website. By its very nature, information posted may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled.
We expect that you will use caution and common sense when using this Website.
The Website Content may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of any Website Content. The use of this Website and the Website Content is at your own risk. Changes are periodically made to this Website and Website and may be made at any time.
We reserve the right to post “editorial material” on any page, and shall be held harmless for such content.
WE DO NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE OR THE WEBSITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. THIS WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IX. Disclaimer of Consequential Damages.
IN NO EVENT SHALL WE, OUR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
X. Links to Other Sites.
The Website may contain links to third party websites. Any links provided are done so solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
XI. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms and Conditions. You also agree not to make any unauthorized commercial use of this Website.
XII. Limitation of Liability.
OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
XIII. Termination.
We reserve the right, at our sole discretion, to pursue all available legal remedies, which include the deletion of postings from this Website and immediate termination of registration with or ability to access this Website and/or any other service provided to Users or Visitors by us, upon any breach of these Terms and Conditions.
XIV. Indemnity.
You as a User or Visitor agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) any material provided by Users to this Website, (b) any Website Content that you use (c) your breach of the terms of these Terms and Conditions or (d) any other claim, action, liability, expense we incur because of your use of the Website. We shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
XV. General.
We make no claims that the Website Content may be lawfully viewed or accessed outside of the United States. Access to the Website Content may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within California. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Website, a particular “Legal Notice,” or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and us with respect to the use of this Website. No changes to these Terms and Conditions shall be made except by a revised posting on this page.
Certain trade marks may be mentioned within the Website, including but not limited to: Netscape Communications Corporation, JavaScript, Netscape, Navigator, World Wide Web Consortium, HTML, XHTML, CSS2, Ecma International, EcmaScript, Mozilla, Mozilla Organization, Opera Software ASA, Opera, Apple Computer, Inc., Macintosh, Safari, Mac OS X, KDE e.V, Konqueror, Microsoft Corporation, Jscript, and Internet Explorer. We retain no intellectual property rights in any of the above-mentioned marks; all intellectual property rights in such marks are retained by their respective owners and licensors. We incorporate the above-mentioned terms as references only, for the convenience of Users.