Terms of Use

Welcome to FuseCal™ ("FuseCal" or the "Website"), which is a service provided by Public Display™, Inc. (the "Company", "We" or "Us"). We are providing FuseCal under the following terms and conditions ("Terms of Use"), which constitute a binding agreement between you and Us, or, if you are a web publisher who is embedding the FuseCal functionality on your website, among you, your users and Us. Using or accessing FuseCal signifies acceptance of these Terms of Use.

The Service

FuseCal is a website and application that enables individuals to locate, structure, manage, edit and subscribe to event and calendar information. It also enables web publishers to embed such functionality into their websites for access by their users. The information imported into FuseCal resides on FuseCal's servers. FuseCal does not affect or change information at the original source, but may change or modify the imported information that resides on our server.

Who Uses FuseCal?

FuseCal is designed for individuals and web publishers who wish to gather, structure, manipulate, aggregate, and share and/or subscribe to information that they own, have rights to, or is publicly available. FuseCal harvests that information from various sources and/or data types and structures it into standard file formats that can be tagged, edited, combined with other content and shared and/or subscribed to.

Intellectual Property

You may not use FuseCal to infringe on intellectual property rights of others. It is your responsibility to ensure that you are using all information imported into or monitored by FuseCal in a manner consistent with the intellectual property laws applicable to you. We will not be liable to you or any third party for any infringement of intellectual property that results from your use of FuseCal, and We reserve the right to remove any content that, in Our sole judgment, may result in such infringement.

Accounts

Individuals must create a FuseCal account in order to subscribe to data through the Website. Web publishers must register with FuseCal in order to embed the FuseCal functionality onto their sites. Currently, use is free of charge. You will have to create an account and then log into FuseCal with a user name and password. You agree to login only pursuant to your own account or accounts to which you have authorization.

We reserve the right to change pricing policy and/or login policy any time. We may establish and require from time to time additional or different means of identification for logging in and accessing certain services. We reserve the right to deny or cancel use of FuseCal for any reason, at any time.

Your Registration Information

You must provide true and accurate information when registering. By submitting the registration form, you warrant that the information you provide is true, that you are legally competent and of age to enter into a legal agreement, and you have the authority to enter into such agreement. You are responsible for any use (or misuse) of your account on FuseCal as a result of conveying your details to someone else or not providing true and complete information.

License and Use

As a registered user We grant you a personal, non-exclusive, non-transferable license to use FuseCal and/or embed the FuseCal badge on your website and call FuseCal functionality from within your website. You may not copy, distribute, reverse engineer, change or otherwise use FuseCal except in accordance with these Terms of Use. Your use may not disrupt or interfere with the functionality of FuseCal, including, but not limited to using automated mechanisms that collect information from FuseCal.

You are solely responsible for the use of your FuseCal account and any content imported, created, transmitted or in any way made available to others thereunder. You will only use FuseCal for activities that are legal and do not infringe third party rights. You will not disseminate any information which may be considered threatening, obscene, abusive, defamatory or libelous. You may not collect personal information from other FuseCal users without their explicit consent.

Amendments of Terms of Use

We may from time to time change these Terms of Use. All such amended terms and conditions shall become effective five days after initial posting on the Website, unless required by law to become effective sooner. Continuing to use FuseCal after the amended terms becomes effective, shall be deemed as your full acceptance of the amended Terms of Use and conditions. If you do not agree to the amended terms and conditions, stop using FuseCal.

Our Intellectual Property

We retain all rights, title and interest in and to FuseCal including, without limitation, patents, copyrights, trademarks, logos, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith. These Terms of Use do not grant you any rights to foregoing, except you may place the FuseCal badge on your website in order to display the availability of FuseCal functionality and to call such functionality from within you website.

Unless otherwise expressly permitted in these terms, you are not allowed to copy, distribute, display publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, translate, sell, rent, reverse engineer, modify or create derivative works of any of the intellectual property rights in FuseCal, either by yourself or by a third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others, without prior written authorization from the Company. In addition, We have an irrevocable, unlimited, royalty free right to use any and all information you may submit to Us (excluding personal information), either through use of the application or through communications with Us.

Trademark Notice

All of the trademarks, service marks and logos displayed on this Site ("the Trademark(s)") are registered or unregistered trademarks of Public Display, one of its affiliates, or a third party.

No right, title or interest in any Trademark is transferred to or acquired by you or your company under these Terms of Use or by virtue of your use of this Site. Except as expressly permitted under these Terms of Use, you may not reproduce, display or otherwise use any Trademark without first obtaining written permission from the owner of the Trademark.

FuseCal Availability

We endeavor to ensure that FuseCal is available for use (other than brief periods during which We make changes, scheduling maintenance, or upgrades). Notwithstanding that, the Website's availability is dependent on numerous factors such as software, hardware and communication networks. These factors are not within the complete control of the Company, and all of them are subject to outages, faults, and other issues that can undermine service availability. We cannot guarantee and do not warrant or represent that the Website will be available, timely, completely secure or error free.

Advertisements

FuseCal may include paid advertisement on its site or in content generated through the use of FuseCal. The Company is not responsible for any advertising offer, any website associated with such advertisement, or the privacy practices of the advertiser.

Changes in FuseCal Website and Services

We may from time to time change FuseCal's functions, GUI, layout, design or display. Such changes are sometimes accompanied by bugs or malfunctions and may cause difficulties in usability. We will not be liable to you or any third party for any difficulties, malfunctions, or adverse consequences of such changes.

Links

FuseCal may contain links to content from other websites or external sources, provided by third parties. We are in no way responsible, nor do We accept any liability, for their content or activities.

Disclaimer of Warranty

YOU AGREE THAT FUSECAL IS PROVIDED AS IS AND YOU WILL HAVE NO COMPLAINT OR CLAIM AGAINST THE COMPANY, IN CONTRACT, TORT, OR THROUGH ANY OTHER CAUSE OF ACTION. FUSECAL IS PROVIDED WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

THE COMPANY DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF FUSECAL, THE SERVICE, AND ANY AND ALL INFORMATION AND CONTENT OBTAINED FROM OR THROUGH FUSECAL.

Limitation of Liability

THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCURRED BY OR THROUGH THE USE OF FUSECAL, THE INABILITY TO USE FUSECAL, OR DUE TO THE USE OR AVAILABILITY OF ANY CONTENT OR INFORMATION USED THROUGH FUSECAL.

Notices

Notices through e-mail, post or courier shall be allowed under these Terms of Use, provided any such notice to the Company is in accordance with its published instructions.

Indemnification

You agree to indemnify and hold the Company, its affiliates, managers, directors, employees, agents and anyone acting on its behalf harmless with respect to any complaint, claim, demand, damage, loss, loss of profit, payment or expense occasioned to them (including attorney's fees and legal expenses) resulting from a breach of these Terms of Use.

Governing Law and Jurisdiction

The governing law and jurisdiction shall be that of the State of Rhode Island, without regard to its conflict of law provisions. You agree to such jurisdiction and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.

Entire Agreement

These Terms of Use constitute the entire agreement between you the Company with respect to the use of FuseCal and supersede any and all other agreements.