The
Clock
Register

terms of use

All users and Members of The Clock Register are subject to these Terms of Use of The Clock Register and prevailing intellectual property laws.

If you are agreeing to these Terms of Use on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to these Terms of Use, in which case "you" or "your" shall mean such entity. If you do not have such authority or if you disagree with any of the terms in the Terms of Use, The Clock Register does not grant you a license to use its service.

If you are agreeing to these Terms of Use, you are agreeing to enter clock information from time to time into The Clock Register in order to benefit from the full functionality of The Clock Register.

If the Clock Register changes these Terms of Use materially you will be given a chance to agree or disagree with them before you will be bound by them through continued use of this website.

Licensed Uses and Restrictions

The Clock Register is owned by TerKuileClocks (see Who owns The Clock Register? in Frequently Asked Questions ("FAQ")) and is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable, revocable basis on the terms and conditions set forth herein. These Terms of Use define legal use of The Clock Register, all updates, revisions, substitutions, and any copies of The Clock Register made by or for you. All rights not expressly granted to you are reserved by The Clock Register.

Subject to the restrictions set forth in these Terms of Use, YOU MAY use The Clock Register and any updates provided by The Clock Register (in its sole discretion). Your license to The Clock Register under these Terms of Use continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of The Clock Register. The Clock Register may terminate the license at any time for any reason. This license terminates automatically if:

  • you violate any term of these Terms of Use,
  • The Clock Register publicly posts a written notice of termination on The Clock Register's Web site,
  • The Clock Register sends a written notice of termination to you, or
  • The Clock Register ceases providing access to The Clock Register to you.



Termination of the license constitutes termination of the Terms of Use, except for the following provisions of the Terms of Use, which survive: Data Collection, Storage, and Use; Ownership; Disclaimer of Any Warranty; Limitation of Liability; Exclusions and Limitations; Release and Waiver; Hold Harmless and Indemnity; General Terms; and any other section that would naturally survive termination of the Terms of Use.

With the exception of photos and photosets that you contribute to The Clock Register, of which you retain full ownership, and for which you will receive a share of the click and Clock Credits revenues, and which photos and photosets we, immediately, will return to you, or delete, at your request, any communication or content submitted by you to The Clock Register is subject to these Terms of Use, and you grant to The Clock Register all rights to use and incorporate such communication and content in The Clock Register Terms of Use or documentation, or any other The Clock Register product or service without compensation to you and without further recourse by you.

You may copy and save photos that you see on our website and use them for yourself or in your business, provided that you do not copy them to others or sell them on for money without the express prior written consent of the owner of such photos.

Unless otherwise specified, use and redistribution of all information made available on The Clock Register is permitted in source and binary forms, provided that the following conditions are met:

  • Redistributions must contain the copyright notice "Copyright © The Clock Register 2013-2014, All Rights Reserved", this list of conditions, and the following disclaimer.
  • Neither the name of The Clock Register nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of The Clock Register.
  • DISCLAIMER TO BE INCLUDED WITH THE CLOCK REGISTER INFORMATION:

    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.



If your product or service uses, or is based upon, The Clock Register, then YOU SHALL comply with the following:

You represent and warrant to The Clock Register that:

  • you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute any content in or made available to The Clock Register and The Clock Register users by your use of The Clock Register in the manner contemplated under this Agreement, and that use by The Clock Register or others of any such content via The Clock Register web service shall not violate the rights of any third party (e.g. copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including but not limited to any export, re-export, or import laws and the laws of any country in which your content or service is made available; and
  • if you submit or permit the submission of your or your users’ content or activity through or into The Clock Register, you also grant the following perpetual, non-exclusive license to, use of, and rights to your or your users’ content or activity to others (such "others" may include but are not limited to The Clock Register users): (i) to access, distribute and/or display your or your users’ content or activity (apart from the photos and photosets you have contributed); (ii) the ability for The Clock Register registered users to rate, review, comment on and tag your content; and (iii) the ability to access, reproduce, distribute and/or perform your or your users' content, activity, or information (apart from the photos and photosets you have contributed) via The Clock Register’s or via RSS or any similar XML or related feeds both on and off web sites controlled by The Clock Register.



YOU SHALL NOT:

  • Use The Clock Register in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, the bypassing of copyright protection, counterfeit goods, items subject to European, UK or US embargo;
  • Use The Clock Register in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with The Clock Register Terms of Use;
  • Sell, lease, share, transfer, or sublicense The Clock Register or access or access codes thereto or derive income from the use or provision of The Clock Register, whether for direct commercial or monetary gain or otherwise, unless The Clock Register gives prior, express, written permission; or
  • Use The Clock Register in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply with reasonable use as determined by The Clock Register in its sole discretion;
  • Use any APIs of The Clock Register in a product or service that competes with products or services offered by The Clock Register, unless The Clock Register gives prior, express, written permission.



The Clock Register takes end user security and privacy very seriously, and you agree to give us all necessary assistance for the investigation of any violation of these Terms of Use under any applicable laws.

Please note that your first and last name will appear on every clock record that you add to The Clock Register. This is so that our Members can see who the information has come from.

Virus Precautions. All materials, including software and documents, that you provide to The Clock Register, must be checked with internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free. Any data provided to The Clock Register must not contain harmful scripts or code.

Data Collection, Storage, and Use

You may not retain or use, and must immediately remove from any application and any data repository in your possession or under your control, any The Clock Register user data obtained through The Clock Register not explicitly identified as being storable indefinitely within 24 hours after the time at which you obtained the data, or such other time as The Clock Register may specify to you from time to time.

You may not disclose any The Clock Register user data or store any The Clock Register user data in any data repository which enables any third party (other than The Clock Register user) access unless such disclosure or third party access is expressly permitted by The Clock Register.

Ownership

The Clock Register may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Europe, the UK, the USA and other countries. The Clock Register's rights apply to The Clock Register and all output and executables of The Clock Register, excluding any software components developed by you which do not themselves incorporate The Clock Register or any output or executables of The Clock Register. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use. The Clock Register owns all rights, title, and interest in and to The Clock Register. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by The Clock Register, including (but not limited to) The Clock Register and The Clock Register trademarks.

Support

The Clock Register may elect to provide you with support or modifications for The Clock Register (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. The Clock Register may change, suspend, or discontinue any aspect of The Clock Register at any time, including the availability of The Clock Register. The Clock Register may also impose limits on certain features and services or restrict your access to parts or all of The Clock Register without notice or liability.

Fees and Payments

The Clock Register reserves the right to charge fees for the use of, or access to, The Clock Register in The Clock Register's sole discretion. If The Clock Register decides to charge for particular parts of its content, it will provide you prior notice of such charges.

Disclaimer of Any Warranty

SOME OF THE CLOCK REGISTER IS EXPERIMENTAL AND HAS NOT BEEN TESTED IN ANY MANNER. THE CLOCK REGISTER DOES NOT REPRESENT OR WARRANT THAT THE CLOCK REGISTER IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE CLOCK REGISTER IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND THE CLOCK REGISTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE CLOCK REGISTER IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE CLOCK REGISTER INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

Limitation of Liability

THE CLOCK REGISTER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE CLOCK REGISTER, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT THE CLOCK REGISTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE CLOCK REGISTER BE LIABLE TO YOU FOR ANY AMOUNT.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE DISCLAIMER OF ANY WARRANTY AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims against The Clock Register, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of The Clock Register. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other national, state or federal (as the case may be) statute or common law principle of similar effect, to the fullest extent permitted by law.

Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify The Clock Register and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of The Clock Register (including anything you develop using The Clock Register), including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. The Clock Register shall use reasonable efforts to provide you with written notice of such claim, suit or action.

General Terms

Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and The Clock Register shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of The Clock Register, express or implied, and you shall not attempt to bind The Clock Register to any contract.

Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.

Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and The Clock Register shall be governed by the laws of England and Wales without regard to its conflict of law provisions. You and The Clock Register agree to submit to the personal jurisdiction of the courts located within England and Wales.

No Waiver of Rights by The Clock Register. The Clock Register's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between The Clock Register and you with respect to the subject matter hereof.