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Terms and Conditions

Welcome to communityclock.com ("Website"). This Website is owned and operated by Community Clock LLC (collectively, "Clock", "we", "us" or "our").

These Terms and Conditions constitute a legal and binding agreement between you and CLOCK governing your use of this Website. By using this Website, you agree to be bound to the following Terms and Conditions of use. Please read them carefully before using this Website. These Terms and Conditions may be modified from time to time, and the date of the most recent revision will appear at on this page. Your continued use of this Website constitutes your agreement to be bound by the Terms and Conditions in effect at the time of such use.

OPERATION

We reserve complete and sole discretion with respect to the operation of this Website and the services and products offered on them. We reserve the right to change pricing, terms, specifications and warranties without notice. We also reserve the right to withdraw, suspend or discontinue any functionality or feature of any Website at any time.

WEBSITE CONTENT AND PRODUCT DESCRIPTIONS

While we use reasonable efforts to include accurate and up to date information on this Website, errors or omissions sometimes occur. We reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

USE OF WEBSITE

Your right to use this Website is personal to you, and you are responsible for all use of this Website by you and by those you allow to use, or provide access to, this Website. You agree to use this Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

CLOCK owns or has the right to use all content, including but not limited to text, logos, graphics, designs, photographs, audio clips, and data compilation, it places on this Website. You may not modify, create derivative works from, distribute, copy, perform, display, or otherwise exploit any such content, in whole or in part, except as permitted by law, or with the express prior written consent of CLOCK. However, you may print limited copies of content posted on this Website solely for your personal and informational use. Except as expressly provided in these Terms and Conditions, all other rights are reserved

You may not: (i) change or delete author attribution or indicia of intellectual property ownership; (ii) use our trademarks, or other trademarks appearing on this Website, in whole or in part, in connection with any goods or services, or, as meta tags on any other website; or (iii) display this Website, or any portion thereof, in other media.

FEES

There is no fee for users who use this Website for informational purposes only. We may charge fees for users who post content and/or advertisements. All fees are set forth on the Rate Card currently in effect which is available at the time of registration.

USER CONDUCT

You agree to provide information that is truthful and accurate, and you will not use any obscene, indecent, or offensive language or place any material that is defamatory, abusive, harassing, threatening, hateful, obscene, invasive of another's privacy rights, or otherwise objectionable or unlawful on this Website. In addition, you may not place on this Website any material that is encrypted, constitutes junk mail or unauthorized advertising, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that violates another's proprietary rights, including copyright, trademark, trade secret and patent rights. You agree not to disrupt, modify or interfere with this Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of this Website.

YOUR CONTENT

You acknowledge that by submitting content to this Website, you automatically warrant that you own or have the right to use such content, and you grant CLOCK a worldwide, non-exclusive, royalty-free, irrevocable right and license to copy, display, distribute, perform, create derivative works from, publish, translate, modify, adapt or otherwise use such content, in whole or in part, in any medium now known or hereafter developed for the full term of any rights in such content. You acknowledge that anything you send to us will be considered "content," including suggestions, opinions, creative ideas, stories, comments and other original written works, photographs, logos, designs, audio clips, music, and other submissions in any form now known or hereafter developed. You agree that, unless otherwise expressly set forth in a signed writing, CLOCK and its affiliates are under no obligation to compensate you in any way for your content submission, or to maintain its confidentiality, if any. You acknowledge that any submissions made by you shall become the property of CLOCK, and CLOCK is under no obligation to return any materials you send to us.

THIRD PARTY CONTENT

You acknowledge that any information or material placed online, including advice and opinions are the views and responsibility of those who post the statements or information, or those who actually sell any merchandise, and do not necessarily represent the views of CLOCK. You acknowledge that CLOCK has not reviewed and does not necessarily endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from it. You agree that CLOCK and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these Terms and Conditions.

RETURNS

From time to time we may offer third party goods and services though this Website. If you are dissatisfied with a product or service purchased though this Website, please refer to the manufacturer's (or service provider's) return/complaint policy. CLOCK will not accept returns or handle service complaints. We apologize for any inconvenience.

MODIFICATIONS TO CONTENT

CLOCK shall have the right, but not the obligation to review, modify, edit, move or delete any content provided for display or placed on this Website, in its sole discretion, and without notice.

COPYRIGHT RIGHTS

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our copyright agent and provide the following information (as required by U.S. Copyright law):

Copyright Agent:
Diana Swoyer - Copyright Agent
c/o Community Clock LLC
P.O. Box 724
Bethlehem, CT 06751

NOTE: Only copyright complaints should be sent to Copyright Agent. No other communications will be accepted or responded to. Contact information for other matters is located elsewhere on this Website.

PRIVACY

All information provided by you is subject to our Privacy Policy.

INDEMNIFICATION

You agree to indemnify CLOCK and its officers, members, affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions; your unauthorized use of material obtained through this Website; your breach of this Agreement; your violation of any laws or rights of a third party; or from such other damages arising or related to your use of this Website.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS", AND CLOCK, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO CONTENT POSTED ON, OR, SERVICES AND GOODS SOLD ON OR THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THIS WEBSITE. CLOCK, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THIS WEBSITE.

UNDER NO CIRCUMASTANCES SHALL CLOCK, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF CLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

CLOCK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, UNDER CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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".

TERMINATION

CLOCK may terminate your ability to access this Website for any or no reason, without notice.

MISCELLANEOUS

You agree that any and all disputes arising out of this Agreement, except for copyright claims, shall be governed and construed in accordance with the laws of the State of New York without regard for its conflict of law principles, and any action, including copyright claims, must be brought in a state or federal court in New York. Both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

CLOCK makes no representation that materials on this Website are appropriate, available or legal in any particular location. Those who choose to use this Website do so on their own initiative and are responsible for compliance with all applicable local laws.

Last modified: December 15, 2012

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