Effective on August 23, 2016
Terms of use
Please read these terms of use carefully before you start to
use the site. By using our site, you indicate that you accept these terms of use
and that you agree to abide by them. If you do not agree to these terms of use,
please refrain from using our site.
Reliance On Information Posted & Disclaimer
the materials contained on our site are provided for general
information purposes only and do not claim to be or constitute legal or other
professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may
arise from accessing or reliance on the information on this site and to the
fullest extent permitted by United States law, we exclude all liability for loss or damages direct or
indirect arising from use of this site.
Information about us
www.mood-chart.com is a site operated by Diamondsoft Corporation
("We"); registered in Port Orchard,
Washington.
Accessing our site
Access to our site is permitted on a temporary basis, and we
reserve the right to withdraw or amend the service we provide on our site
without notice (see below). We will not be liable if for any reason our site is
unavailable at any time or for any period.
Intellectual property rights
We are the owner or the licensee of all intellectual property
rights in our site, and in the material published on it. Those works are
protected by copyright laws and treaties around the world. All such rights
are reserved.
You may print off one copy, and may download extracts, of any
page(s) from our site for your personal reference and you may draw the attention
of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any
materials you have printed off or downloaded in any way, and you must not use
any illustrations, photographs, video or audio sequences or any graphics
separately from any accompanying text.
Our status (and that of any identified contributors) as the
authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for
commercial purposes without obtaining a licence to do so from us or our
licensors.
If you print off, copy or download any part of our site in
breach of these terms of use, your right to use our site will cease immediately
and you must, at our option, return or destroy any copies of the materials you
have made.
Our site
changes regularly
We aim to update our site regularly, and may change the
content at any time. If the need arises, we may suspend access to our site, or
close it indefinitely. Any of the material on our site may be out of date at any
given time, and we are under no obligation to update such material.
Our liability
The material displayed on our site is provided without any
guarantees, conditions or warranties as to its accuracy. To the extent permitted
by law, we, and third parties connected to us hereby expressly exclude:
· All
conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity.
· Any
liability for any direct, indirect or consequential loss or damage incurred by
any user in connection with our site or in connection with the use, inability to
use, or results of the use of our site, any websites linked to it and any
materials posted on it, including, without limitation any liability for:
· loss of
income or revenue;
· loss of
business;
· loss of
profits or contracts;
· loss of
anticipated savings;
· loss of
data;
· loss of
goodwill;
· wasted
management or office time; and
for any other loss or damage of any kind, however arising and
whether caused by tort (including negligence), breach of contract or otherwise,
even if foreseeable, provided that this condition shall not prevent claims for
loss of or damage to your tangible property or any other claims for direct
financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal
injury arising from our negligence, nor our liability for fraudulent
misrepresentation or misrepresentation as to a fundamental matter, nor any other
liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our
site
We process information about you in accordance with our
privacy policy [http://www.mood-chart.com/Home/Privacy] By using our site, you
consent to such processing and you warrant that all data provided by you is
accurate.
Viruses, hacking and other offenses
You must not misuse our site by knowingly introducing
viruses, trojans, worms, logic bombs or other material which is malicious or
technologically harmful. You must not attempt to gain unauthorised access to our
site, the server on which our site is stored or any server, computer or database
connected to our site. You must not attack our site via a denial-of-service
attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal
offence under the Computer Misuse Act 1990. We will report any such breach to
the relevant law enforcement authorities and we will co-operate with those
authorities by disclosing your identity to them. In the event of such a breach,
your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a
distributed denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer programs, data or
other proprietary material due to your use of our site or to your downloading of
any material posted on it, or on any website linked to it.
Links from our site
Where our site contains links to other sites and resources
provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use
of them. When accessing a site via our website we advise you check their
terms of use and privacy policies to ensure compliance and determine how they
may use your information.
Jurisdiction
and applicable law
The US courts will have
non-exclusive jurisdiction over any claim arising from, or related to, a visit
to our site.
These terms of use and any dispute or claim arising out of or
in connection with them or their subject matter or formation (including
non-contractual disputes or claims) shall be governed by and construed in
accordance with the law of United States of America.
Variations
We may revise these terms of use at any time by amending this
page. You are expected to check this page from time to time to take notice of
any changes we made, as they are binding on you. Some of the provisions
contained in these terms of use may also be superseded by provisions or notices
published elsewhere on our site.
View access only accounts
We offer free accounts that have read-only access to our
charting site which allows a user to view other users charts in a read-only
fashion. A user must elect another user registered in our charting system to
allow them to view their charts.
Your concerns
If you have any concerns about material which appears on our
site, please contact contactus@mood-chart.com.
Thank you for visiting our site.