Num Sum Terms of Use

Welcome to Num Sum, a service of TrimPath.  

By using the Num Sum web site ('Service') you are agreeing to be bound by the 
following terms and conditions ('Terms of Use').

Basic Terms

You are responsible for any activity that occurs under your screen name or user name.
You are responsible for keeping your password secure.
You must not abuse, harass, threaten, impersonate or intimidate other Num Sum users.
You may not use the Num Sum service for any illegal or unauthorized purpose. 
You are solely responsible for your conduct and any data, text, information, 
  screen names, data, spreadsheets, comments, graphics, photos, profiles, audio 
  and video clips, links ('Content') that you  submit, post, and display on 
  the Num Sum service.
You must not hack Num Sum, TrimPath, or any affiliated sites or services of TrimPath.
You must not forge data, headers or otherwise manipulate identifiers in order 
  to disguise the origin of any Content transmitted through the Service.
You must not create or submit unwanted email to any Num Sum members ('Spam').
You must not create or submit or transmit any exploits or worms or viruses or 
  any code of a destructive nature.
You must not impersonate any person or entity, including, but not limited to, 
  a TrimPath official, forum leader, guide or host, or government representative
  or falsely state or otherwise misrepresent your affiliation with a person or entity;
You must not, in the use of Num Sum, violate any laws in your jurisdiction 
  (including but not limited to copyright laws and laws regarding online 
  conduct and acceptable content).
You understand that by using the Service, you may be exposed to Content that is 
  offensive, indecent or objectionable. Under no circumstances will TrimPath be 
  liable in any way for any Content, including, but not limited to, for any 
  errors or omissions   in any Content, or for any loss or damage of any 
  kind incurred as a result of the use of any Content posted, transmitted 
  or otherwise made available via the Service. 
You agree that you must evaluate, and bear all risks associated with, the use 
  of any Content, including any reliance on the accuracy, completeness, or 
  usefulness of such Content. In this regard, you acknowledge that you may 
  not rely on any Content created on or submitted to Num Sum.
You understand and agree that TrimPath cannot be responsible for the Content posted on 
  its web site and you nonetheless may be exposed to such materials and that you 
  use the Service at your own risk.
You agree to indemnify and hold TrimPath, and its subsidiaries, affiliates, officers, 
  agents, co-branders or other partners, and employees, harmless from any 
  claim or demand, including reasonable attorneys' fees, made by any third 
  party due to or arising out of your Content, your use of the Service, your 
  Guests activities, your connection to the Service, your violation of the 
  Terms of Use, Service downtime or availability, or your violation of any 
  rights of another.

Violation of any of these agreements will result in the termination of your Num Sum account. 

Privacy

Please review our Privacy Policy, which also governs your visit to Num Sum.

Electronic Communications

When you use the Service or send e-mails to us, you are communicating 
with us electronically.  You consent to receive communications from us electronically.  
You agree that all agreements, notices, disclosures and other communications that we 
provide to you electronically satisfy any legal requirement that such communications 
be in writing.

General Conditions

* We reserve the right to modify or terminate the Service for any reason, 
  without notice at any time.
* We reserve the right to alter these Terms of Use at any time. 
* We reserve the right to refuse service to anyone for any reason at any time.
* 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, obscene or otherwise objectionable 
  or violates any party's intellectual property or these Terms of Use.
  TrimPath does not regularly review Content.

Copyright

* We claim no intellectual property rights over the material you provide to the Service. 
  Your profile and materials uploaded remain yours. You can remove your profile at any time by 
  closing your account. This will also remove any private data you have stored in the system. 
* By setting your posted spreadsheets as "public", which is the default setting, you agree 
  to allow other Num Sum users to view, share, transmit, copy ("rip", "mix", or "fisk") your 
  spreadsheets and Content.
* You agree to allow TrimPath to display and store your spreadsheets and Content.
* TrimPath encourages users to contribute their creations to the public domain 
  or to license their creations explicitly under less draconian terms than 
  have become standard in most jurisdictions. 
* TrimPath will review all claims of copyright infringement received and remove content 
  deemed to have been posted or distributed in violation of any such laws. 
  To make a claim, please provide us with the following:
  o A physical or electronic signature of the copyright owner or the person 
    authorized to act on its behalf;
  o A description of the copyrighted work claimed to have been infringed;
  o A description of the infringing material and information reasonably 
    sufficient to permit TrimPath to locate the material;
  o Your contact information, including your name, address, telephone number, and email;
  o A statement by you that you have a good faith belief that use of the 
    material in the manner complained of is not authorized by the copyright 
    owner, its agent, or the law; and
  o A statement that the information in the notification is accurate, and, 
    under the pains and penalties of perjury, that you are authorized to act 
    on behalf of the copyright owner.
   Claims can be sent to copyright@trimpath.com

Your License to Num Sum: If you do post spreadsheets or Content or submit material, 
and unless we indicate otherwise, you grant TrimPath and its affiliates and its users 
a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 
right to use, reproduce, modify, adapt, publish, translate, create derivative 
works from, distribute, and display such Content throughout the world in any media. 
You grant TrimPath and its affiliates and sublicensees the right to use the name 
that you submit in connection with such Content, if they choose. 
You represent and warrant that you own or otherwise control all of the rights to 
the Content that you post; that the Content is accurate; that use of the Content 
you supply does not violate this site’s policies and will not cause injury to 
any person or entity; and that you will indemnify TrimPath or its affiliates for 
all claims resulting from Content you supply.  TrimPath has the right but not 
the obligation to monitor and edit or remove any activity or Content. 
TrimPath takes no responsibility and assumes no liability for any 
Content posted by you or any third party.

You acknowledge and agree that TrimPath may preserve Content and may also 
disclose Content if required to do so by law or in the good faith belief 
that such preservation or disclosure is reasonably necessary to: 
(a) comply with legal process; (b) enforce the Terms of Use; 
(c) respond to claims that any Content violates the rights 
of third-parties; or (d) protect the rights, property, 
or personal safety of TrimPath, its users and the public.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SERVICE IS PROVIDED BY TrimPath ON AN “AS IS” AND “AS AVAILABLE” BASIS. 
TrimPath MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, 
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS 
INCLUDED ON THE SERVICE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT 
YOUR SOLE RISK.  TrimPath RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION 
FROM THE SERVICE AT ANY TIME IN ITS DISCRETION. TO THE FULL EXTENT PERMISSIBLE BY 
APPLICABLE LAW, TrimPath DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT 
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR 
PURPOSE.  TrimPath DOES NOT WARRANT THAT THE SERVICE, ITS SERVERS, OR E-MAIL SENT 
FROM TrimPath ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  TrimPath WILL NOT 
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, 
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND 
CONSEQUENTIAL DAMAGES.

Updated: 2006/01/15