Legal

From TSMWIKI

Terms of Use

YOUR CONTINUED USE OF OR ACCESS TO THE SITE AND/OR SERVICES SHALL BE DEEMED ACCEPTANCE OF THE TERMS OF USE.

Acceptance of Terms.

The following terms and conditions govern all use of the http://www.concharto.com website and http://wiki.concharto.com (the Site) and the services available on or at the Site (taken together, the Service). The Service is owned and operated by Time Space Map, LLC (Time Space Map). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies and procedures that may be published from time to time on this Site by Time Space Map.

The Service is available only to individuals who are at least 13 years old or possess legal parental or guardian consent. If you do not so qualify, do not attempt to use the Service. Time Space Map may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.

Modification of Terms of Use.

Time Space Map reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy.

Time Space Map's current Site Privacy Statement is located on the Privacy page and is incorporated into these Terms of Use. For inquiries in regard to Time Space Map's #Privacy Policy, or to report a privacy related problem, please contact privacy@concharto.com.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. For purposes of the Terms of Use, "Content" includes, without limitation, any information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Time Space Map or its partners on or through the Service.

By way of example, and not as a limitation, you shall not to (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:

infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Time Space Map or any third party; or
impersonates any person or entity, including any employee or representative of Time Space Map.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Time Space Map in its sole discretion) an unreasonable or disproportionately large load on Time Space Map's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures Time Space Map may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.

You shall abide by all applicable local, state, national and international laws and regulations.

Registration.

As a condition to using Services, you may be required to register with Time Space Map and select a password and user name (User Name). You shall provide Time Space Map with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Concharto account. You shall not (i) select or use as a Concharto User Name a name of another person with the intent to impersonate that person; (ii) use as a Concharto User Name a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Concharto User Name a name that is otherwise offensive, vulgar or obscene. Time Space Map reserves the right to refuse registration of, or cancel a Concharto User Name in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Concharto password. You shall never use another user's account without such other user's express permission. You will immediately notify Time Space Map in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Third Party Sites.

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Time Space Map's control, and you acknowledge that Time Space Map is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Time Space Map or any association with its operators. You further acknowledge and agree that Time Space Map shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Concharto Content Generally.

You agree that the Service contains Content specifically provided by Time Space Map or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Time Space Map in writing, you shall not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, Time Space Map hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Content (excluding any software code); provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Time Space Map.

User Submissions.

The Service provides you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") content (including, without limitation, information, data, and images) to the Service ("User Submissions"). By posting User Submissions on or at the Site or otherwise through the Service, you:

acknowledge and agree that you grant to Time Space Map, its affiliates and their assignees a Creative Commons Attribution-Share Alike 3.0 United States License (located at: http://creativecommons.org/licenses/by-sa/3.0/us/) to such User Submissions, including without limitation, any concepts, ideas or know-how embodied therein;
represent and warrant that you own, control, or otherwise possess sufficient legal rights to such User Submissions and that disclosure and use of such User Submissions by Time Space Map (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and
acknowledge that such User Submissions may not be treated confidentially.

You shall not provide Time Space Map with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the User Submissions you post on or through the Service. Time Space Map does not endorse and has no control over any User

Submission.

Time Space Map has no obligation to monitor the Site, Service, Content, or User Submissions. Time Space Map may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

Termination.

Time Space Map may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

No Warranties.

THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER SUBMISSIONS) IS PROVIDED "AS IS" AND "AS AVAILABLEî AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Time Space Map, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE CONTENT OR USER SUBMISSIONS ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR USER SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability.

IN NO EVENT SHALL Time Space Map, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT OR USER SUBMISSIONS (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification.

You shall defend, indemnify, and hold harmless Time Space Map, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from your (i) use or misuse of the Service; (ii) your access to the Site, use of the Services, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Time Space Map reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Time Space Map in asserting any available defenses.

International/Non-Delaware Use.

Time Space Map makes no representation that the Content is appropriate or available for use in locations outside of Delaware, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Time Space Map agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of this Site or Services shall be filed only in the state or federal courts located in New Castle County, Delaware and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability

The Terms of Use are the entire agreement between you and Time Space Map with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Time Space Map with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous.

The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Time Space Map's prior written consent. Time Space Map may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.

Concharto.com(SM) and its logo are the common law service-marks of Time Space Map, LLC. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.

Creative Commons License This Terms of Use document is derived from the Terms of Use published by http://www.swivel.com and is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.

Contact

You may contact Time Space Map at the following address:

Time Space Map, LLC
17 Joshs Way
Landenberg, PA 19350
Fax: 610-765-1286
Email: support@concharto.com

Privacy Policy

At Time Space Map, we know that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By accessing the Concharto website or using any of the services provided through the website you are accepting the practices outlined in this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy covers Time Space Map’s treatment of personal information that Time Space Map gathers when you are on the Concharto website and when you use Concharto services.

This Privacy Policy does not apply to content you post or otherwise make available to other users or the public via the website. You acknowledge that your Concharto display name (if you have one) may be displayed to other users when you post content. Any content that you submit to the Concharto site may be widely redistributed through the Internet and other media channels.

This policy does not apply to the practices of third parties that Time Space Map does not own or control, or to individuals that Time Space Map does not employ or manage.

Website Visitors

Time Space Map collects non-personally-identifying information including the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Time Space Map's purpose in collecting non-personally identifying information is to better understand how Concharto's visitors use its website. From time to time, Time Space Map may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Gathering of Personally-Identifying Information

Certain visitors to Time Space Map's websites choose to interact with Time Space Map in ways that require Time Space Map to gather personally-identifying information. The amount and type of information that Time Space Map gathers depends on the nature of the interaction. For example, we may ask customers who want save graphs or upload data to register with a username and email address on the Concharto website. Those who engage in transactions with Time Space Map are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Time Space Map collects such information only insofar as is necessary or appropriate to fulfill the purpose of the customer's interaction with Time Space Map. Time Space Map does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain activities.

In addition, we may combine non-personally-identifiable information with personally-identifiable information in a manner that enables us to attribute Time Space Map usage to an individual customer's computer or network. We do so, however, only for our own internal business purposes and will not share such combined data with third parties without your permission.

Aggregated Statistics

Time Space Map may collect statistics which may be comprised of aggregated personally-identifying information about the behavior of visitors to its websites and customers of its services. Time Space Map may display this statistical information publicly or provide it to others. However, Time Space Map does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Time Space Map discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Time Space Map's behalf or to provide services available at Time Space Map's websites and services, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Time Space Map's websites, you consent to the transfer of such information to them. Time Space Map will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Time Space Map discloses potentially personally-identifying and personally-identifying information only when required to do so by law, court order, or when Time Space Map believes in good faith that disclosure is reasonably necessary to protect the property or rights of Time Space Map, third parties or the public at large.

Communications

If you are a registered member of a Time Space Map website and have supplied your email address, Time Space Map may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Time Space Map and our products. We primarily use our corporate blog and website to communicate this type of information, so we expect to keep this type of email to a minimum. If you are a registered member of a Time Space Map website and do not wish to receive such emails, please follow the instructions included in each email sent. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Time Space Map takes measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Time Space Map uses cookies to help Time Space Map identify and track visitors, their usage of Time Space Map website, and their website access preferences. Time Space Map visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Time Space Map's websites, with the drawback that certain features of Time Space Map's websites may not function properly without the aid of cookies.

Privacy Policy Changes

Time Space Map may change its Privacy Policy from time to time, and in Time Space Map's sole discretion. Time Space Map encourages visitors to frequently check this page for any changes to its Privacy Policy. If changes are made, notice will be given in the Concharto blog. Your continued use of our sites and services after any change in this Privacy Policy will constitute your acceptance of such change.

Questions

Time Space Map's full contact information, including location, may be found on our Contact page.

Creative Commons License This Privacy Policy document is derived from the privacy policy published by http://www.swivel.com and is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.

Copyright Policy

Time Space Map has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Time Space Map's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

It is Time Space Map's policy, in appropriate circumstances and at its discretion, to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:

If you believe that Content residing on or accessible through the Time Space Map web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Time Space Map is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B. Once proper Bona Fide Infringement Notification is received by the Designated Agent:

It is Time Space Map's policy:

to remove or disable access to the infringing Content;
to notify the Content provider, member or user that it has removed or disabled access to the Content; and
that repeat offenders will have the infringing Content removed from the system and that Time Space Map will terminate such content provider's, member's or user's access to the service.

Counter-Notice

If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the Content provider, member or user;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Time Space Map is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Time Space Map's may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Time Space Map's discretion.

Please contact Time Space Map's Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Agent to Receive Notification of Claimed Infringement:

DMCA Complaints
Time Space Map, LLC
17 Joshs Way
Landenberg, PA 19350
Fax: 610-765-1286
Email: copyright@concharto.com

Creative Commons License This Copyright Policy document is derived from the privacy policy published by http://www.swivel.com and is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.

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