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TIMERA® TERMS OF SERVICE

ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING SERVICES PROVIDED BY TIMERA THROUGH THIS WEBSITE AND THE TIMERA APP. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH TIMERA AND USE OF THE SERVICES PROVIDED THROUGH THE WEBSITE AND THE TIMERA APP. TIMERA HEREBY REQUESTS THAT YOU ACCEPT THESE TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE WEBSITE AND THE TIMERA APP ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE WEBSITE AND THE TIMERA APP INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE, SERVICES.

THESE TERMS OF SERVICE INCLUDES TIMERA’S PRIVACY POLICY LOCATED AT HTTP://WWW.TIMERA.COM/HOME/TERMSANDCONDITIONS WHICH IS INCORPORATED AND MADE A PART OF THESE TERMS OF SERVICE.

Acceptance of Terms of Service

These Terms of Service (the “Agreement” or “Terms of Service”) is a legally-binding agreement between you, either an individual or an entity (“you” or “user”), and Timera Inc. and its affiliates (“Timera”) regarding use of www.timera.com (the “Website”), Timera mobile application (“Timera App”), and the Services, as defined below. Timera makes the Website, Timera App, and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website, Timera App, and Services (collectively, the “Content”) available for your use subject to the terms and conditions set forth in this document. By accessing and using the Website, Timera App, and Services you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.

If you do NOT agree to all the terms and conditions in these Terms of Service, you should NOT use the Website, Timera App, or Services. If you do NOT agree to any additional specific terms which apply to particular Content or to a particular transaction concluded through the Website, Timera App, or Services, then you should NOT use the part of the Website, Timera App, or Services which contains such Content or through which such transactions are concluded. Also, when you use any current or future Timera service or visit the Website or obtain any products or services, whether free of charge or for payment, provided by Timera, you will be subject to the guidelines and conditions applicable to such products or services.

These Terms of Service may be amended by Timera at any time upon notice provided by any of the following means: through a posting on the main page of the Website, at or after you login into your User Account (as defined below), or by e-mail to the address you provided when you set up your User Account. Your failure to provide or maintain accurate or current contact information in your User Account will not obviate your responsibility to comply with these Terms of Service as amended from time to time.

Please check these Terms of Service regularly to ensure that you are aware of all terms governing your use of the Website and Services. Specific terms and conditions may apply to non-user generated Content. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.

Timera reserves the right to make changes or updates with respect the Content or the format thereof at any time without notice. Timera also reserves the right to terminate or restrict your access to the Website and Services or any portion thereof for any reason whatsoever at its sole discretion.

Description of Services

Timera allows users to combine historic and modern pictures to create a virtual window into the past. Users may contribute to Timera’s vast collection of old and new photographs of historic locations. Then, using the Timera App, user can combine historic and current photographs of particular location to create superimposed combination of two distinct moments in time, resulting in what we call a Timera Photograph. These Timera Photographs can then be shared with the rest of the Timera community.

Users’ Obligations

You agree to use the Website, Timera App, and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. TIMERA IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE, TIMERA APP, AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where Timera is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.

Use of the Website, Timera App, and Services

You agree not to access (or attempt to access) the Timera App or Services by any means other than those provided by Timera or its authorized partners. You agree not to access (or attempt to access) the Timera App or Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Website, Timera App, or Services (or the servers and networks which are connected to the Website, Timera App, or Services).

Further, you agree:

  • not to disrupt or interfere with any other user’s enjoyment of the Website, Timera App, or Services or affiliated or linked sites;
  • not to upload, post, or otherwise transmit through the Website Timera App, or Services any viruses or other harmful, disruptive, or destructive files;
  • not to use or attempt to use another user’s User Account, password, or system;
  • not to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein;
  • not to disrupt or interfere with the security of, or otherwise cause harm to the Website, Timera App, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website, Timera App, or Services or any affiliated or linked sites.

Interaction with Other Users

Users may have the ability to communicate with each other through the Website, Timera App, and Services. You are solely responsible for your interactions with other users. You understand that Timera does not inquire into the backgrounds of its users or attempt to verify its users’ statements. Timera makes no representations or warranties as to the conduct of its users. However, users must act in accordance with the guidelines set forth in these Terms of Service.

User Account

You may sign up for a personalized account (“User Account”) with Timera in order to access the full range of features offered by the Website, Timera App, and Services. In creating your User Account, you agree to submit accurate, current and complete information about yourself and keep this information updated. Timera reserves the right to suspend or terminate User Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current or incomplete.

When you create your User Account, you will choose a personal, non-transferable password. User Accounts may not be “shared” or used by more than one individual. After you accept these Terms of Service and your User Account registration has been accepted by Timera, your User Account will be established. You are solely responsible for any and all activities that occur under your User Account, whether or not such use was authorized by you.

You may also access the Website, Timera App, and Service by logging in using an authorized third party social network account, such as a Facebook or Twitter account. By doing so, you authorize Timera to collect your personal profile and activity information from that third party social network.

Please note that if you opt to use your Facebook account to login to the Website or Timera App and use our Services or interact with other user of the Website or Timera App, Timera is able to access all of your data in connection with your Facebook account, including, without limitation your friends list, pictures you posted or those posted of you on Facebook, businesses and stories you “liked,” places you visited, etc.

This information you provide is used for such purposes as allowing you to set up a User Account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. It is completely optional for you to engage in these activities and/or make any purchases from Timera.

Please read our Privacy Policy located at http://www.timera.com/Home/PrivacyPolicy which describes how Timera collects, uses, discloses, manages and stores your personally identifiable information (“Personal Information”). You agree and understand that you are responsible for maintaining the confidentiality of all user names and passwords associated with any User Account you use to access the Website, Timera App, and Services. Additionally, you may not use a User Account that belongs to someone else at any time without the permission of that account holder. Timera is not liable for any harm caused or related to the theft or misappropriation of your user name, password, User Content, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. However, you could be held liable for losses incurred by Timera, another user or any third party due to misappropriation and use of your User Account. If you become aware of any unauthorized use of your User Account, please notify Timera immediately at contact@timera.com.

User Content

User Account holders may upload pictures, data, information, and other material to be posted on and accessed through the Website, Timera App, and Services (“User Content”). Certain information may be available to all users including users without User Accounts, such as information in your publicly-accessible account profile or publicly-viewable photographs you post (“Public Information”). Other information is only intended for particular users, such as personal communications between users (“Private Information”). You may also be given the option to share certain User Content to authorized third party social networks, such as a Facebook or Twitter, through your personal account in that third party social network. If you choose to share User Content through your third party social network account, you authorize Timera to collect your personal profile and activity information from that third party social network as we set out above.

Subject to these Terms of Service, your User Content may be used in any manner that has been authorized by you. You acknowledge and agree that Timera has no liability of any kind should users or third parties access your User Content, regardless of whether such User Content includes Private Information or Public Information. Furthermore, you acknowledge and agree that User Content you submit, post, or display will viewable by other users of the Website, Timera App, and Services and, potentially, through third party services and websites.

The Timera proprietary engine allows users to combine two photographs (i.e. one historic, one modern) to form a superimposed combination of the two photographs: a Timera Photograph. You hereby agree and acknowledge that Timera Photographs is the property of the user who employs the Timera engine to create a Timera Photograph and is deemed for purposes of these Terms of Service that user’s User Content.

Timera does not own any User Content and does not monitor, edit, or disclose any information regarding you or your User Account without your prior permission, except in accordance with these Terms of Service or Privacy Policy (http://www.timera.com/Home/PrivacyPolicy, http://www.timera.com/Home/TermsAndConditions). Timera also does not, as a matter of practice, review, inspect, edit or monitor any User Content posted, stored, or accessed by you or any other user of the Website, Timera App, or Services. However, Timera reserves the right, solely upon its own discretion, to refuse, remove, or disable access to any User Content that Timera learns may be illegal in any jurisdiction where Timera provides the Website, Timera App, or Services or may violate the terms of these Terms of Service, although it has no obligation to do so. Timera’s action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms of Service by any user (or any other third party) does not waive Timera’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Service violation.

Timera does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It is your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties’ proprietary rights. You are also responsible for any content that you post or transmit as well as all content posted or transmitted through or by use of your User Account. Furthermore, by using the Website, Timera App, or Services, you represent to Timera that all User Content uploaded by you is legal and that you have the right to use and upload that User Content. Timera makes no independent verification of such representation and disclaims any and all liability related thereto.

Content prohibited from the Website, Timera App, and Services include but is not limited to: (1) illegal content; (2) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (4) content that discloses another person’s personal, confidential, or proprietary information; (5) fraudulent content; (6) malicious content such as malware or spyware; and (7) content that offers, promotes, advertises or provides links to unsolicited products or services.

Licensing of User Content

In furthering Timera’s goal of allowing users to share, use, and build upon each other’s works, you hereby agree to license all pictures, photographs, and any other User Content submitted by you (“User Photographs”) to Timera so that they are freely reusable by anyone who accesses them. Additionally, you hereby acknowledge and agree that you are authorized to submit and otherwise distribute any and all User Photographs submitted by youto Timera and warrant that you are authorized to distribute all User Photographs that are submitted by you through the Website, Timera App, and Services.

All User Photographs must be uploaded under a select Creative Commons copyright license or identified as a work existing in the public domain.

You may choose one of the following Creative Commons copyright licenses under which to upload a User Photographs to the Website and Services:

By uploading a User Photograph to the Website and Services, you warrant that you are authorized to do so, are not violating the terms of any copyright license agreement, and are familiar with the terms of the specific Creative Commons copyright license under which you upload the User Photograph.

Notwithstanding the Creative Commons copyright licenses listed above, you may also upload User Photographs that are in the public domain. Although Timera welcomes all public domain content, in uploading such a User Photograph, you warrant the public domain status of the User Photographs under the law of the United States of America. When you contribute content that is in the public domain, you warrant that the material is actually in the public domain.

As described above, the Timera proprietary engine allows users to combine two photographs (one historic, one modern) to form a superimposed combination of the two photographs. The product of this combination, a Timera Photograph, belongs to the user who employs the Timera engine to combine the two photographs. The Timera Photograph is then uploaded to the Website and Services under one of the following Creative Commons licenses:

  • If the historic photograph was originally uploaded to the Website and Services under a CC Attribution or a CC Attribution ShareAlike license, then the resulting Timera Photograph will be uploaded under the CC Attribution ShareAlike copyright license.
  • If the historic photograph was identified by the uploading user as being in the public domain, the resulting Timera Photograph will be uploaded under the CC Attribution ShareAlike copyright license.
  • If the historic photograph was original uploaded to the Website and Services under a CC Attribution Noncommercial or a CC Attribution Noncommercial ShareAlike copyright license, then the resulting Timera Photograph will be uploaded to the Website under a CC Attribution Noncommercial ShareAlike copyright license.

For more information regarding the various copyright licenses available under the Creative Commons, please visit http://creativecommons.org/. As an uploading user, it is your responsibility to be familiar with the licensing arrangements discussed in this section.

Timera Sponsored Content

From time to time Timera may enter into partnerships with third party service providers who may use User Content in connection with commercial, sponsored, or related content, within the Website, Timera App, or Services (such use referred to as “Sponsored Content”). If your User Content (including your name, username, profile picture, content, photograph, or other likeness) is used on the Website or the Timera App for purposes of Sponsored Content, Timera will notify you of this use and provide you the option to “opt-out” of having your User Content used in this way. Also, you may choose to prevent all future use of your User Content for purposes of Sponsored Content within the Website or Timera App. If you are under the age of eighteen (18) or under any other legal age of majority, you represent that at least one of your parents or legal guardians has also agreed to the terms of this section (and the use of your name, username, profile picture, content, photograph, or other likeness) on your behalf. Parents or legal guardians of minor children whose User Content appears in Timera’s Sponsored Content may choose to “opt-out” and prevent all future use of a minor’s User Content in this way. If you are unsure whether your User Content has been used as part of Timera’s Sponsored Content and would like to find out, please contact us at contact@timera.com. Timera will need to verify your identify before responding to any requests so please be prepared to provide certain information such as your username, password, or other information as requested by Timera.

Guidelines for Communicating with Users and Uploading User Content

The Website, Timera App, and Services allows you to upload certain User Content and may allow you to communicate with other users. Discretion should be used when disclosing any information through these means, as it may be accessed by third parties. Use of any personally identifiable information, and your options regarding our use of this information, are subject to Timera’s Privacy Policy contact@timera.com.

Timera reserves the right to modify and/or delete any uploaded User Content or message submitted by users, at its sole discretion, at any time and for any reason, including, but not limited to material which in Timera’s sole opinion:

  • may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
  • may infringe any intellectual property or other right of any entity or person;
  • may violate any applicable law or advocates illegal activity;
  • advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
  • disrupts the normal flow of dialogue or otherwise acts in a way which affects the ability of other people to engage in real time activities via Timera’s Website;
  • includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
  • violates any policy or regulation established from time to time regarding use of this Website or any networks connected to this Website; or
  • contains links to other sites that contain the kind of content which falls within the descriptions set out above.

All of the above listed content is strictly prohibited and uploading or communicating such prohibited content may result in termination of the responsible User Account and disabling of such user’s access to the Website, Timera App, and Services.

Technical Support

Timera may provide technical support for users. In order to receive technical support from Timera, the user seeking such support must request such support by contacting Timera at contact@timera.com. The user should describe the nature of the problem to be resolved as well as provide information about the user (name, address, etc). Timera will make reasonable efforts to respond to such requests in a timely manner, however Timera will have no obligation to respond to any technical support request. The user shall cooperate with Timera when seeking technical support services by providing information necessary to assist Timera or requested by Timera while diagnosing or resolving the issue. Although Timera cannot guarantee that a technical support issue will be resolved, Timera will make reasonable efforts to perform technical support services in a professional manner.

Information and Materials Provided By You

All materials, documents, communications, or information submitted to, sent through, or stored on the Website, Timera App, and Services by you will be subject to these Terms of Service and Privacy Policy contact@timera.com. The security of such information is very important to Timera.

Term and Termination.

The term of these Terms of Service (“Term”) shall begin when you start using the Website, Timera App, or Services and shall continue in perpetuity unless otherwise terminated by Timera or you by written notice. Timera reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of Timera’s trademarks, trade names, copyrights and other intellectual property.

UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE TIMERA APPLICATION, WEBSITE, OR SERVICES IN ANY WAY.

Links to Other Sites and Third Party Materials

[The Website, Timera App, and Services may include links to other Website and/or third party products and that are not under Timera’s control (collectively, “Third Party Materials”). Timera shall not be responsible in any way for such Third Party Materials. Timera provides such links only for the convenience of the users of the Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by Timera of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in these Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.]

Intellectual Property

Copyright, trademark and all other proprietary rights in the Website, Timera App, Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content) rest with Timera and/or its licensors. Unless otherwise specifically provided herein or authorized by Timera in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, Timera App, or Services, other than in conjunction with the Services offered by Timera through the Websites and Timera App.

Timera hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. Timera disclaims any proprietary interests in the intellectual property rights other than their own.

Warranties and Disclaimers

ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TIMERA HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. TIMERA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE TIMERA APPLICATION, WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. TIMERA DOES NOT WARRANT THAT THE TIMERA APPLICATION, WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY TIMERA ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by Timera in writing, contractors, agents, dealers or distributors of Timera or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

THE USE OF THE WEBSITE, TIMERA APP, OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE OR TIMERA APP IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. TIMERA ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR TIMERA APP OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE OR TIMERA APP. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIMERA OR FROM THE WEBSITE OR TIMERA APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

The Website, Timera App, and Services may contain references to specific Timera products and services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

You understand and agree that by using the Website, Timera App, and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, Timera App, and Services at your own risk.

IN NO EVENT SHALL TIMERA OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, TIMERA APP, OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, TIMERA APP, OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE OR TIMERA APP THAT ARE DELAYED OR INTERRUPTED, EVEN IF TIMERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST TIMERA PERTAINING TO OR IN CONNECTION WITH THE WEBSITE, APPLICATION, AND SERVICES MUST BE COMMENCED AND NOTIFIED TO TIMERA IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

Your Warranties

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO TIMERA IN CONNECTION WITH THE WEBSITE, TIMERA APP, AND SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TIMERA; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITE AND TIMERA APP AND THAT IS NOT PROVIDED BY TIMERA DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.

Any and all items sent, received, downloaded, or purchased from the Website and Services may be subject to United States export controls. Thus, no product may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Website and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Feedback

You may from time to time provide suggestions, comments or other feedback to Timera with respect to any product, material, software or information provided by Timera (hereinafter “Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for Timera. Timera will not disclose the source of any feedback without notice to the providing party. However, Timera shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to Timera’s Privacy Policy posted on this Website. You may provide Feedback to Timera at contact@timera.com.

Notice and Procedure for Making Claims of Copyright Infringement

It is Timera policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Timera Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying Timera and its affiliates that your copyrighted material has been infringed.)

  • An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on this Website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Timera’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:

Name: Dmitri I. Dubograev, Esq.
Address: 901 N. Pitt St., Suite 325
Alexandria, VA 22314
E-mail: info@legal-counsels.com

Repeat Infringer Policy

In compliance with the Digital Millennium Copyright Act, it is Timera’s policy to terminate User Accounts and user access to the Website, Timera App, and and/or Services of users who are considered by Timera, solely at its own discretion, to be Repeat Infringers. Repeat Infringers are users of the Website, Timera App, and/or Service, identified by their user names or other unique identifiers, about whom Timera has received more than one DMCA takedown notifications that resulted in the permanent removal of such user’s User Content from the Website, Timera App, and/or Services. Please note that Timera may terminate a Repeat Infringer’s User Account and access to the Website, Timera App, and Services at its sole discretion and at any time, with or without notice. Furthermore, nothing in this Repeat Infringer policy shall prohibit or constrain Timera from terminating a User Account or a user’s access to the Website, Timera App, and/or Services at any time and for any reason, with or without notice.

Unlawful or Prohibited Use

You may not use the Website, Timera App, or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website, Timera App, or Services. You may not use the Website, Timera App, or Services in any manner that could damage, disable, overburden, or impair the Website, Timera App, or Services, or that interferes with any third party’s use and enjoyment of the Website, Timera App, or Services. You agree that you will not use any third-party software that intercepts, "mines," or otherwise collects information from or through the Website, Timera App, or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Timera to all users of the Website, Timera App, or Services. You shall not institute, assist, or become involved in an attack upon any Timera server or otherwise attempt to disrupt the Timera servers. ANY ATTEMPT BY YOU TO DAMAGE TIMERA’S SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF TIMERA IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, TIMERA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless Timera, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.

Privacy

Timera respects your privacy and the use and protection of your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of this Website.

Linking to this Website

Linking to this Website is permitted provided that you comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Timera endorses or sponsors the linker or its website, products or services. You must not use Timera’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Timera. Furthermore, you agree to remove the link at any time upon Timera’s request.

Ending Your Relationship with Timera

These Terms of Service will continue to apply until terminated by either you or Timera as set out above. If you want to terminate this legal agreement with Timera (i.e. these Terms of Service), you may do so by notifying Timera at any time in writing at contact@timera.com. Timera reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to Timera whatsoever.

You are solely responsible for cancelling your User Account, which you may do by contacting Timera at contact@timera.com.

Assignment

Timera may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without Timera’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Service Access

If the Website, Timera App, and Services are not available for any period or any time, Timera shall not be liable. Timera gives no warranties as to the accessibility, performance, or availability of the Website, Timera App, or Services. Temporary suspension of access to the Website, Timera App, and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. Timera reserves the right to suspend the operation of the Website, Timera App, or Services. You agree that neither Timera nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on this Website.

Force Majeure

Timera will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of Timera.

Agreement to Deal Electronically

All transactions with or through the Website, Timera App, or Services may, at Timera’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website, Timera App, or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

Injunctive Relief

You acknowledge and agree that any violation or breach of these Terms of Service may cause Timera immediate and irreparable harm and damages. As a result, Timera has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Timera in law or in equity, Timera may seek specific performance of any term in these Terms of Service.

Severability

These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

Governing Law

These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Timera does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any country. Those who access the Website, Timera App, or Services do so at their own initiative and are responsible for compliance with their national laws.

Questions may be submitted at contact@timera.com. Please also read our Privacy Policy at http://www.timera.com/Home/PrivacyPolicy.

Copyright © 2013 Timera Inc. All rights reserved. The Website, Timera App, and Services and accompanying products and documentation are the copyrighted property of Timera Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. Timera™ and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Timera Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the Timera or third party trademarks or logos without the prior written consent of Timera Inc. or the applicable trademark owner is strictly prohibited.