Terms and conditions of Use

AGREEMENT BETWEEN USER AND FIRSTUP

This Agreement states the terms and conditions under which you may use the FirstUp web sites. Please read this Agreement carefully before accessing and using the FirstUp web sites. The FirstUp web sites www.ruletool.info and www.ruletest.info are based on various web pages operated by FirstUp. By using and accessing the FirstUp web sites, you agree that you have read and understand this Agreement and further agree to be bound by this Agreement. The FirstUp web sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the FirstUp web sites constitutes your agreement to all such terms, conditions, and notices. If you do not accept this Agreement, do not access and use the FirstUp web sites. The terms subscriber and user are used interchangeably (where applicable) in this agreement.

MODIFICATION OF THESE TERMS OF USE

FirstUp reserves the right to change the terms, conditions, and notices under which the FirstUp web sites are offered, including but not limited to the charges associated with the use of the FirstUp web sites. FirstUp may revise this Agreement at any time without notice by updating this Agreement on the FirstUp web sites. You should visit this web page periodically to review this Agreement. Your continued use of the FirstUp web sites means that you accept and agree to any revisions to this Agreement. If you disagree with this Agreement (as amended from time to time) or are dissatisfied with these web sites, your sole and exclusive remedy is to discontinue using these web sites.

RIGHT TO USE FIRSTUP WEB SITES

FirstUp hereby grants the user a non-exclusive, non-transferable and revocable license to access the FirstUp web sites, solely for viewing, browsing, retrieving, uploading and posting information on, and requesting services of FirstUp through, the FirstUp web sites, subject to the terms and provisions of this Agreement. This right may be limited for a specific period of time (e.g. the membership/subscriber period). Any Password, account identifier or right given to a user to obtain information or use the services on the FirstUp web sites is not transferable. Subscriber hereby accepts responsibility for, and shall be liable for, all access to the FirstUp web sites in connection with the Password. Subscriber shall be responsible for the confidentiality of the Password. Subscriber shall immediately notify FirstUp of any unauthorized use of Subscriber's account or of any other breach of security related to the Password. Subscriber represents and warrants to the FirstUp that all information provided to FirstUp by the subscriber:

  • is provided by the Subscriber in accordance with all laws applicable to Subscriber's collection, use and transmission of such information and material;
  • is true, accurate, complete and current at all times; and
  • may be used, stored and relied upon by FirstUp without liability to the Subscriber or third parties.

The use by FirstUp of Subscriber's confidential information, and Subscriber's responsibilities in connection with protecting Subscriber's privacy, are described in our Privacy Policy, which is incorporated by reference into these Terms of Use.

LINKS TO THIRD PARTY SITES

The FirstUp web sites may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of FirstUp and FirstUp is not responsible for the contents of any Linked Site. FirstUp is not responsible any form of transmission received from any Linked Site. FirstUp is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FirstUp of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the FirstUp web sites, you warrant to FirstUp that you will not use the FirstUp web sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FirstUp web sites in any manner which could damage, disable, overburden, or impair the FirstUp web sites or interfere with any other party’s use and enjoyment of the FirstUp web sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FirstUp web sites. You may not harvest information and/or data published on the FirstUp web sites.

Where possible, subscriber shall prevent users who are not allowed to access FirstUp web sites by this agreement from accessing FirstUp web sites. Subscriber shall also prevent access not allowed by this agreement to the FirstUp web sites.

USE OF COMMUNICATION SERVICES

The FirstUp web sites may contain chat areas, communities, user profiles, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain malicious source code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information, including e-mail addresses, without explicit consent.
  • Violate any applicable laws or regulations.

FirstUp has no obligation to monitor the Communication Services. However, FirstUp reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FirstUp reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Subscribers are requested to contact FirstUp immediately if any information submitted on the communication services may be in violation of this agreement.

Always use caution when giving out any personally identifying information about yourself or others in any Communication Service. FirstUp does not control or endorse the content, messages or information found in any Communication Service and, therefore, FirstUp specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FirstUp spokespersons, and their views do not necessarily reflect those of FirstUp.

MATERIALS PROVIDED TO FIRSTUP OR POSTED AT ANY FIRSTUP WEB SITES

FirstUp does not claim ownership of the materials you provide to FirstUp (including feedback and suggestions) or post, upload, input or submit to any FirstUp web sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FirstUp and its affiliated companies permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. FirstUp is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FirstUp’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

INTELLECTUAL PROPERTY

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, Technology and other matters related to the FirstUp web sites are the property of FirstUp and are protected pursuant to applicable copyrights, trademarks and other proprietary and intellectual property rights laws. The official NCAA football rules are copyright of the NATIONAL COLLEGIATE ATHLETIC ASSOCIATION.

Subscriber is licensed to use FirstUp's content and services only as specifically set forth herein. Subscriber does not acquire ownership rights to any content, document or other materials viewed, created or downloaded through the FirstUp web sites, with the exception of Subscriber information or data. FirstUp's posting of information or materials on the FirstUp web sites does not constitute a waiver of any right in such information and materials.

Subscriber shall not copy or download any Company Technology or any material or information from the FirstUp web sites without the prior written consent of FirstUp. Subscriber shall not access, modify, reverse engineer, reproduce, display, perform or distribute, including without limitation by framing or similar means, FirstUp Technology without the prior written consent of FirstUp. Subscriber shall not (directly or indirectly) promote, advertise, market or provide any Web Site similar to or competitive with the FirstUp web sites.

Subscriber shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of FirstUp used in connection with the FirstUp web sites.

LIABILITY DISCLAIMER

THE FIRSTUP WEB SITES, AND ALL INFORMATION AND SERVICES CONTAINED OR PROVIDED THEREIN, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

FIRSTUP, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS AND SUBSCRIBER HEREBY WAIVES ALL WARRANTIES BY FIRSTUP, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS IN CONNECTION WITH THE FIRSTUP WEB SITES AND PRODUCTS AND SERVICES OFFERED THROUGH THE FIRSTUP WEB SITES.

FIRSTUP DOES NOT WARRANT AND SUBSCRIBER HEREBY WAIVES ANY WARRANTY THAT USE OF OR ACCESS TO THE FIRSTUP WEB SITES BY SUBSCRIBER WILL BE UNINTERRUPTED OR ERROR FREE.

FIRSTUP DOES NOT MAKE ANY WARRANTY, AND SUBSCRIBER HEREBY WAIVES ANY AND ALL WARRANTIES, AS TO THE RESULTS OBTAINED FROM USE OF THE FIRSTUP WEB SITES OR SERVICES, OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE FIRSTUP WEB SITES. SUBSCRIBER HEREBY ACKNOWLEDGES AND AGREES THAT USE OF THE INTERNET AND THE FIRSTUP WEB SITES SHALL BE AT THE SOLE AND EXCLUSIVE RISK OF SUBSCRIBER AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES, APPLICABLE LAWS AND CODES OF CONDUCT GOVERNING THE INTERNET AND THE FIRSTUP WEB SITES.

TERMINATION/ACCESS RESTRICTION

FirstUp may cancel the right to access the FirstUp web sites, or any portion thereof, at any time. This includes any password or account identifier. This cancellation is for convenience and in the exclusive discretion of the FirstUp, without notice. Upon cancellation of the Password, Subscriber shall immediately cease and desist any and all access to and attempts to access the FirstUp web sites.

The terms and provisions of this Agreement shall survive cancellation of the user access to the FirstUp web sites

JURISDICTION

To the maximum extent permitted by law, this agreement is governed by the Dutch laws and you hereby consent to the exclusive jurisdiction and venue of courts in Amsterdam, The Netherlands in all disputes arising out of or relating to the use of the FirstUp web sites. An alternate venue of courts in The Netherlands may be selected at FirstUp discretion. In the event of litigation or arbitration arising out of or relating to this Agreement, each party shall pay its own costs and expenses of litigation or arbitration (excluding fees and expenses of arbitrators and administrative fees and expenses of arbitration).

Use of the FirstUp web sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FirstUp as a result of this agreement or use of the FirstUp web sites.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FirstUp with respect to the FirstUp web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FirstUp with respect to the FirstUp web sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

MISCELANEOUS

All notices to Subscriber shall be in writing. Notices to Subscriber shall be deemed delivered when posted conspicuously on the FirstUp web sites or when delivered to Subscriber electronically, by commercial delivery service, by certified or registered mail, return receipt requested, or by hand.

Pronouns and nouns shall refer to the masculine, feminine, singular or plural as the context shall require.

Any rights not expressly granted herein are reserved.

SERVICE CONTACT : maarten@ruletool.info

FirstUp is registered in the Dutch Trade Register under number 56762658.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the FirstUp web sites are: Copyright FirstUp. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned on the FirstUp web sites may be the trademarks of their respective owners.

Last updated August 21, 2013.