Terms
TERMS OF USE – INNOVATIVE TIME SOLUTIONS INC.
Last Revised: July 8, 2015
By using the www.calemazoo.com web site (“Calemazoo”), Calemazoo mobile applications and all services of Innovative Time Solutions Inc. (“ITS Inc.”), you are agreeing to be bound by the following terms and conditions (“Terms of Use“). Calemazoo is owned or controlled by Innovative Time Solutions Inc. Calemazoo is a trademark and may not be used without express written permission from ITS Inc. other than in association with the services provided. ITS Inc. reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance Calemazoo, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of Calemazoo services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Use at any time at: http://www.calemazoo.com/terms
These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of the Terms of Use, do not access or use Calemazoo services. By agreeing to these terms you consent to ITS Inc.’s collection of information, including personal information, from your third party accounts and other services when you sign into such third party services or sync to an account through the Calemazoo website or Calemazoo mobile applications. Violation of any of the terms below will result in the termination of your Account. While ITS Inc. prohibits such conduct and Content on Calemazoo, you understand and agree that ITS Inc. cannot be responsible for the Content posted on Calemazoo and you nonetheless may be exposed to such materials. You agree to use Calemazoo at your own risk.
Account Terms
1. You must be a human. Accounts registered by “bots”, “spiders”, “crawlers”, “scrapers” or other automated methods are not permitted.
2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
3. Your login may only be used by one person — a single login shared by multiple people is not permitted on a free account. Paid accounts may create separate logins for as many people as you would like.
4. You are responsible for maintaining the security of your account and password. ITS Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
6. One person or legal entity may not maintain more than one free account.
7. You may not use Calemazoo for any illegal or unauthorized purpose. You must not, in the use of Calemazoo, violate any laws in your jurisdiction (including but not limited to copyright laws).
API Terms
Users may access their Calemazoo account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Calemazoo, is bound by the terms of this agreement plus the following specific terms:
1. You expressly understand and agree that ITS Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ITS Inc. has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to Calemazoo via the API may result in the temporary or permanent suspension of your account’s access to the API. ITS Inc., in its sole discretion, will determine abuse or excessive usage of the API. ITS Inc. will make a reasonable attempt via email to warn the account owner prior to suspension.
3. ITS Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
2. An upgrade from the free plan or trial to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
3. Calemazoo is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, credit balances, or refunds for months unused with an open account. No exceptions will be made.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
5. For any upgrade or downgrade in plan level, your credit card that you provided will be charged a prorated amount and then automatically be charged the new rate on your next billing cycle.
6. Downgrading your Calemazoo service plan may cause the loss of Content, features, or capacity of your Account. ITS Inc. does not accept any liability for such loss.
Cancellation and Termination
1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by going to view profile, account profile, Help, delete account.
2. All of your Content will be immediately deleted or disposed of from Calemazoo in a safe and confidential way upon cancellation. This information can not be recovered once your account is cancelled.
3. If you cancel Calemazoo before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. ITS Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Calemazoo, or any other ITS Inc. service, for any reason at any time. Such termination of service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. ITS Inc. reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. ITS Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Calemazoo (or any part thereof) with or without notice.
2. Prices of Calemazoo, including but not limited to monthly subscription plan fees to Calemazoo, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Calemazoo (www.calemazoo.com) or thru Calemazoo itself.
3. ITS Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of Calemazoo.
Copyright and Content Ownership
1. All content posted on Calemazoo must comply with Canada, U.S. and International copyright law.
2. We claim no intellectual property rights over the material and information you provide to Calemazoo. Your profile and information uploaded remain yours. However, by setting permissions for other users and or setting your pages to be shared publicly, you agree to allow others to view and share your content.
3. ITS Inc. does not pre-screen Content, but ITS Inc. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via Calemazoo.
Trademarks and Site Name Squatting
1. We reserve the right to reclaim site names or sub domains on behalf of businesses or individuals that hold legal claim or trademark on those names. Accounts using business names and/or logos to mislead others will be permanently suspended.
2. You may not engage in site name squatting. Accounts that are inactive for more than 90 days may also be removed without further notice.
General Conditions
1. Your use of Calemazoo is at your sole risk. Calemazoo is provided on an “as is” and “as available” basis.
2. You understand that ITS Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Calemazoo.
3. You must not modify, adapt or hack Calemazoo or modify another website so as to falsely imply that it is associated with Calemazoo, ITS Inc., or any other ITS Inc. service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Calemazoo, use of Calemazoo, or access to Calemazoo without the express written permission by ITS Inc. Calemazoo is a trademark of ITS Inc. and may not be used without express written permission other than in association with the services Calemazoo provides.
5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ITS Inc. customer, employee, member, or officer will result in immediate account termination.
7. You understand that the technical processing and transmission of Calemazoo, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
9. You must not transmit any worms or viruses or spyware or malware or any code of a destructive nature.
10. ITS Inc. does not warrant that (i) Calemazoo will meet your specific requirements, (ii) Calemazoo will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Calemazoo will be accurate, timely or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Calemazoo will meet your expectations, and (v) any errors in Calemazoo will be corrected.
11. You expressly understand and agree that ITS Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, income, goodwill, use, data or other intangible losses (even if ITS Inc. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Calemazoo; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Calemazoo; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Calemazoo; (v) or any other matter relating to Calemazoo.
12. The failure of ITS Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and ITS Inc. and govern your use of Calemazoo, superseding any prior agreements between you and ITS Inc. (including, but not limited to, any prior versions of the Terms of Use).
13. Questions about the Terms of Use should be sent to support@calemazoo.com