(EFFECTIVE AS OF FEBRUARY 1, 2010)
PLEASE READ CAREFULLY
Should you have any questions concerning this Agreement or need technical support, you may contact Thuuz support at ThuuzSupport@statsperform.com.
1. AUTHORIZED USERS
1.1 Age Requirement; Authority. In order to use any of the Thuuz Services, you must be at least 13 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement and (ii) you are at least 13 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access any of the Thuuz Services.
Opting out may prevent you from receiving messages regarding Thuuz or special offers.
1.3 Account Confidentiality. You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Thuuz will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Thuuz, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
1.4 Security. To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, Thuuz uses appropriate physical, technical and administrative procedures to safeguard the information we collect.
2. LICENSE TO THUUZ SERVICES
2.1 License Grant. Thuuz grants to you a limited, non-exclusive, non-transferable license to access and use the Thuuz Services for personal non-commercial purposes only. If you subscribe to any of the Thuuz Services, this license is contingent upon your compliance with any terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions contained in this Section 2.1 may result in the immediate termination of your right to use the Thuuz Services. Thuuz reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE THUUZ SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
2.2 Updates. Thuuz may from time to time make available to all users of the Thuuz Services, updates at no cost or subject to additional fees in Thuuz's sole discretion. "Updates" means any updates, upgrades or error corrections to the Thuuz Services that Thuuz makes available generally to users of the Thuuz Services. Notwithstanding anything else contained in this Agreement, Thuuz will have no obligation to continue producing or releasing new versions of the Thuuz Services or any updates thereto.
3. MEMBER CONDUCT AND RESTRICTIONS. You understand that all information, data, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Thuuz, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Thuuz Services. Thuuz does not control the Content posted via the Thuuz Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Thuuz Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Thuuz be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Thuuz Services. You agree to not use the Thuuz Services to:
A. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C.impersonate any person or entity, including, but not limited to, a Thuuz official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Thuuz Service;
E. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
F. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
G. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose
H. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
I. interfere with or disrupt the Thuuz Services or servers or networks connected to the Thuuz Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Thuuz Services, including using any device, software or routine to bypass our robot exclusion headers;
J. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
K. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
L. "stalk" or otherwise harass another; and/or
M. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.
N. copy, store, edit, change, prepare any derivative work of or alter in any way any of the information provided through the Thuuz Services;
O. make the Thuuz Services available over a network (other than Thuuz's network) where it could be used by others;
P. provide your password to any other person;
Q. translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Thuuz Services or any portion of them;
R. circumvent any technology used by Thuuz or its licensors to protect content accessible via the Thuuz Services;
S. rent, lease or sublicense any of the Thuuz Services; or
T. use the Thuuz Services in any way that violates the terms of this Agreement.
4. SCREENING OF CONTENT. You acknowledge that Thuuz may or may not pre-screen Content, but that Thuuz and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Thuuz Services. Without limiting the foregoing, Thuuz and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Thuuz or submitted to Thuuz in all parts of the Thuuz Services. You acknowledge, consent and agree that Thuuz may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Thuuz, its users and the public. You understand that the Thuuz Services and software embodied within the Thuuz Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Thuuz and/or content providers who provide content to the Thuuz Services. You may not attempt to override or circumvent any of the usage rules embedded into the Thuuz Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Thuuz Services, in whole or in part, is strictly prohibited.
5. YOUR CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE THUUZ SERVICES. You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This content is you authorizing us to make your content available to the rest of the world and to let others do the same.
You agree that this license includes the right for Thuuz to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Thuuz for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Thuuz, or other companies, organizations or individuals who partner with Thuuz, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Thuuz will not be responsible or liable for any use of your Content by Thuuz in accordance with these Terms.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit
6. YOUR CONTENT CONTRIBUTIONS ARE PUBLIC. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to the account settings page to control who sees your Content). You should only provide Content that you are comfortable sharing with others under these Terms.
As between you and Thuuz, you acknowledge that Thuuz owns or has a license to all title and copyrights in and to the Thuuz Services. All title and intellectual property rights in and to the licensed content in the Thuuz Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
8. THUUZ TRADEMARKS AND THIRD-PARTY TRADEMARKS
The following are trademarks of Thuuz: Thuuz, and its design logo, as well as certain other Thuuz trademarks, service marks, graphics, and logos (collectively, the "Thuuz Trademarks") used in connection with the Thuuz Services. The Thuuz Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Thuuz Trademarks or the trademarks of any third party.
The Thuuz Services use technology to protect the digital information provided by Thuuz from unauthorized use. Your use of the Thuuz Services may be limited by such technology. You acknowledge that, from time to time, Thuuz may modify or discontinue using such technology. Security modifications made by Thuuz may from time to time include required updates to the Thuuz Services. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
This Agreement will remain effective until terminated by you or terminated by us.
12.1 THE THUUZ SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE THUUZ SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THUUZ DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THUUZ MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE THUUZ SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THUUZ DISCLAIMS ANY LIABILITY RELATING THERETO.
12.2 THUUZ MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE THUUZ SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, THUUZ MAY MODIFY, SUSPEND, OR DISCONTINUE THE THUUZ SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER THUUZ ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE THUUZ SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
12.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. THUUZ DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
12.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE THUUZ SERVICES. THUUZ WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
12.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE THUUZ SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT THUUZ ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
13. LIMITATION OF LIABILITY
13.1 IN NO EVENT WILL THUUZ BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF THUUZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THUUZ OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
13.2 THUUZ'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE THUUZ SERVICES AT ISSUE.
YOU WILL INDEMNIFY AND HOLD THUUZ, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE THUUZ SERVICES.
15. GENERAL INFORMATION
15.1 You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use the Thuuz Services.
15.2 Thuuz or its business partners may present advertisements or promotional materials via the Thuuz Services. Your dealings with, or participation in promotions of any third-party advertisers via the Thuuz Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Thuuz 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 third parties via the Thuuz Services.
15.3 The Thuuz Services may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.
15.4 The Thuuz Services are owned or licensed by Thuuz and are protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
15.5 This Agreement will be governed by the laws of the State of California. The exclusive jurisdiction for any claim, action or dispute with Thuuz or relating in any way to your use of the Thuuz Services will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Santa Clara, California.
15.6 Should you have any questions concerning this Agreement or need technical support, you may contact Thuuz support by emailing ThuuzSupport@statsperform.com.
15.7 Thuuz may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on Site, as determined by Thuuz in its sole discretion. Thuuz reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.