Terms of Service
These Terms of Service apply to any Clueray software or services, including updates, collectively referred to as the “Service.”
BY USING THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE CLUERAY’S SERVICE.
1) Limited Usage License. Clueray grants you a limited license to use the Service subject to the Terms of Service. Please note that the Terms of Service may be updated from time to time without notice to you. At any time, you can view the current version of the terms of service at: http://www.clueray.com/Pices/app/static/content/TermsOfService.html. Please also note that Clueray reserves the right to terminate your license to use the Services at any time.
2) Consideration. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted and (b) maintain and promptly update the information provided to keep it true, accurate, current and complete.
3) Proprietary Information and Ownership Rights. You acknowledge that the Service contains proprietary information that is protected by applicable intellectual property, including patent, and other laws.
4) No Copying. Except as expressly authorized by Clueray, you agree not to copy, modify, reproduce, duplicate, trade, rent, lease, loan, sell, resell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Service or any proprietary or confidential information embodied in the Service. You agree that you will not incorporate the Service or any proprietary or confidential information embodied in the Service into other services or software.
5) Access to Service. You agree not to access the Service by any means other than through the interface that is provided by Clueray for use in accessing the Service. You agree not to access (or attempt to access) any of the Service through any automated means (including use of scripts or web crawlers).
6) Content. You acknowledge that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
7). No Endorsement of Content or Third Party Service Providers. Clueray makes no representations or endorsements regarding the quality, safety, truth, accuracy, reliability or condition of any Content viewed on or linked to by the Service, or any Content posted on third party web sites. You understand that by using the Service you may be exposed to content that is inaccurate, misleading, objectionable, or otherwise inappropriate. Your use of Content and any other web sites is at your own risk, and you must evaluate and bear all risks associated with the use of any such sites. Under no circumstances will Clueray be liable for any loss or damage of any kind as a result of the use of any Content posted or otherwise made available through the Service.
8) Restrictions on Use. You acknowledge that Content presented to you as part of the Service may be protected by intellectual property rights. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the owners of that Content, in a separate agreement.
9) Trademark Notice. All trademarks and/or logos used on this Site are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the trademarks to you. Further, nothing on the Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on the Site, without the express written permission of Clueray or the trademark owner.
10) Severability. A court may hold that Clueray cannot enforce a part of this contract as written. You agree that if this happens, you and Clueray will replace that part with terms that most closely match the intent of the part that Clueray cannot enforce. The rest of this agreement will not change.
11) Entire Agreement. You acknowledge that this is the entire contract between you and Clueray regarding your use of the Service. It supersedes any prior contract or statements regarding your use of the Service.
12) NO WARRANTY. YOU ACKNOWLEDGE CLUERAY PROVIDES THE SERVICE “AS-IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” CLUERAY DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICE. CLUERAY GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. CLUERAY EXCLUDES ANY IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.
13) Governing Law. You acknowledge that the agreement, and your relationship with Clueray under the agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Clueray agree to submit to the exclusive jurisdiction of the courts located within the state California to resolve any legal matter arising from the agreement.
