TERMS OF USE
Welcome to ClockJackPuzzles.com! These Terms of Use (the "Terms") apply to your access to, and use of, www.clockjackpuzzles.com, and any other website or service that links to these Terms (collectively, the "Services"). The Services are provided by ClockJack Puzzles, LLC ("Clock Jack" or "we") and your use of the Services is subject to these Terms.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES.
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Eligibility
The Services may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you have reviewed these Terms with your parent or legal guardian and that he or she has agreed to be bound by these Terms.
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Privacy
Please refer to our Privacy Notice for information about how we collect, use and share information about users of our Services.
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Ownership
Clock Jack Materials. The Services contain content including, without limitation, Clock Jack’s logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") that are the proprietary property of Clock Jack or Clock Jack’s licensors and are protected by U.S. and international copyright laws.
User Content. The Services may permit you or other users to create, post, send or store messages, photos, text and other materials ("User Content"). Clock Jack claims no ownership or control, takes responsibility for, or assumes liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
Third Party Content. The Services may include third-party content and links to websites or content owned or operated by third parties (collectively, "Third-Party Content"). Clock Jack does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content. You acknowledge and agree that Clock Jack is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content at their own risk.
Limited License
Clock Jack grants you a limited, non-sublicensable license to access and use the Services for your personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Materials therein; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Services or the Materials, or any portion thereof; (d) downloading (other than the page caching) of any portion of the Services, the Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the Materials other than for their intended purposes. Any use of the Services or the Materials other than as specifically authorized herein, without the prior written permission of Clock Jack, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Clock Jack may revoke this license at any time.
If you submit or post User Content to the Services, unless we indicate otherwise, you grant Clock Jack a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sublicenseable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in whole or in part and to incorporate such User Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. By submitting or posting User Content to the Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Services, does not and will not violate these Terms or any applicable law, rule or regulation.
User Registration and Security
Some of our Services require or allow you to create an account with us, with a user ID and password. Registration and/or login are required, among other things, to access certain portions of our Site, to subscribe to our newsletters, to create an account, to make certain Submissions and to obtain certain information or materials from Clock Jack.
By registering, you represent and warrant to Clock Jack that: (a) you are 18 years of age or older and the age of majority in your state of residence as of the time you register as a Registered User; (b) all information provided by you to Clock Jack during the registration process is truthful, accurate and complete; (c) you will comply with all terms and conditions of these Terms of Use; and (d) you will not use the Site, any of the Materials or any other content or information obtained from the Site, for any purpose that is unlawful or prohibited by these Terms of Use and (d) immediately notify Clock Jack if you discover or otherwise suspect any unauthorized use of your account.
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​Use of the Services
These Terms do not create any reasonable expectation or promise that the Services will not contain any content that is prohibited by the Terms. Although Clock Jack has no obligation to screen, edit or monitor any of the User Content posted on the Services, Clock Jack reserves the right, and has absolute discretion, to access, use, monitor, disclose or preserve information associated with your use of the Services, including, without limitation, User Content, or information that Clock Jack acquires about you through your use of the Services, when Clock Jack forms a good faith belief that doing so is necessary (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce these Terms or protect the rights or property rights of Clock Jack or its users; (c) to help prevent a loss of life or serious physical injury to anyone; or (d) prevent potentially illegal or offensive activities.
You agree that your use of the Services, including the posting of User Content, will not violate any law, contract, intellectual property or other third-party right or constitute a criminal action or tort, and that you are solely responsible for your conduct while on the Services. You further agree not to:
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Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
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Engage in any discriminatory, defamatory, libelous, hateful, harassing, abusive, obscene, threatening, physically dangerous, unlawful, or otherwise objectionable conduct;
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Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
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Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages;
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Attempt to reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
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Use or attempt to use another’s account without authorization from such user and Clock Jack or post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services User Content that contains personal information about any person, including, without limitation, names, addresses, email address or credit card information;
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Post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services viruses, corrupted data or other harmful, disruptive or destructive files;
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Develop any third-party applications that interact with User Content or the Services without our prior written consent; or
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Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by us to access the Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via Services.
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​Modification or Termination of Services
Clock Jack reserves the right to modify, update or discontinue our Services, or any features or portions thereof, without prior notice. You agree that we can suspend or terminate your right to access our Services at any time for any reason without notice, obligation or liability to you.
​Copyright Usage/Infringement Notices
Clock Jack respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately.
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​Disclaimer of Warranties and Limitation of Liability
USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLOCK JACK OR ITS REPRESENTATIVES CREATES A WARRANTY. THE SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. CLOCK JACK DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOCK JACK AND ITS AFFILIATED COMPANIES, LICENSEES, LICENSORS AND CONTRACTORS ("CLOCK JACK PARTIES") WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, EVEN IF CLOCK JACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE CLOCK JACK PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE SERVICES THAT ARE THE SUBJECT OF SUCH CLAIM. IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.
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Indemnity
If the Clock Jack Parties are subject to any actual or threatened claims, costs, damages, losses, or other liabilities (collectively, "Covered Losses") as a result of your use of any of the Services, or any data, information, or other item you make available through the Services including User Content, then you agree to indemnify the Clock Jack Parties from all such Covered Losses and any related costs, such as reasonable attorney’s fees.
You further agree to indemnify the Clock Jack Parties for any Covered Losses arising out of or related to: (a) any Submissions you provide; (b) your violation of these Terms; and (c) your violation of any rights of another. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
​Miscellaneous
All Terms and Conditions are applicable to the full extent permitted by law.
If any part of these Terms is determined to be unlawful, void or for any reason unenforceable, then that part will be severed from these Terms, and the rest of the Terms will remain intact. If we do not enforce any provision of these Terms, that will not be considered a waiver of our rights. Any waiver of these Terms must be obtained in a written document signed by an authorized representative of Clock Jack.
​Changes to these Terms
We may change these Terms from time to time. You can view the latest Terms any time by clicking the "Terms of Use" link at the bottom of the applicable webpage. We encourage you to check for updates regularly. Your continued use of the Services following any notice we provide will confirm that you have agreed to the amended Terms. If you do not agree to the amended Terms, you must stop using the Services.