THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SERVICE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND MNEMOGRAPH LLC, PRODUCERS OF TIMEGLIDER.COM. ("WE", "US", "OUR", AND "TIMEGLIDER") AND GOVERN YOUR ACCESS TO, AND USE OF SERVICES LOCATED ON THE WEB AT WWW.TIMEGLIDER.COM ("THE SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SERVICE AND/OR ANY INFORMATION CONTAINED ON THE SERVICE. YOUR USE OF THE SERVICE ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY ALL OF THE TERMS SET FORTH BELOW.
See also our Privacy Policy.
TimeGlider provides content and other services through the Service. Certain information, documents, products and services provided on and through the Service, including content, trademarks, logos, graphics and images that are not user Presentations (as defined below) (together, the "Materials") are provided to you by TimeGlider and are the copyrighted work of TimeGlider or TimeGlider's contributors. TimeGlider Software is only made available for use under the terms of a limited, non-exclusive license to use the Software on your personal computer for the sole purpose of developing or managing Presentations. During the term of these Terms, TimeGlider grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the services, the Service and the Software solely for your personal use if you are an individual and solely for your business use if you are an organization or agent of your organization in connection with the creation, storage, display and arrangement of Presentations you create using the Service.
You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Software in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Service, any Materials or the Software on any legal basis.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TimeGlider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TimeGlider has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
By using all or part of this Service, you consent to receiving electronic communications from TimeGlider and its partners and affiliates. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Service. These electronic communications are part of your relationship with TimeGlider and you receive them as part of your use of the Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.timeglider.com/legal/privacy_policy.html (the "Privacy Policy"). You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by TimeGlider and its affiliates.
When a visitor to the Service registers to become a member ("Member"), he or she will select an available user name, also called a "screenname" (here called "Membership Name") and a corresponding user password ("Membership Password") to create a unique, personal account (a "Membership Account"). You will need a Membership Password to login to the Service and use certain functions and areas within the Service ("Restricted Areas") — i.e. creating your own timelines. As a Member, you are responsible for maintaining the confidentiality of your password and account, and agree to notify TimeGlider if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify TimeGlider of any unauthorized use of your account or any other breach of security in relation to the Service known to you. You will not use other members' contact information gathered from Restricted Areas of the Service for commercial purposes and agree not to provide any other Member's contact information to any third party that is not a Member of TimeGlider.
TimeGlider may, at any time, terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity as it relates to the Service for a period of 90 days. You may, at any time, terminate this Agreement by logging into your Membership Account on the Service and selecting to cancel your TimeGlider account. In the event termination is by TimeGlider, TimeGlider shall notify you of such termination. TimeGlider reserves the right, in its sole discretion, to terminate your Membership Account at any time, including, without limitation, deactivating your Membership Name and Membership Password.
Upon any termination of this Agreement:
(a) Your Membership Account shall be cancelled and closed and your Membership Name and Membership Password shall be deactivated;
(b) You shall forfeit all right, title and interest in and to any and all Credits; and
(c) TimeGlider will permanently delete your Presentations and Materials within 24 hours of the effective date of termination.
Termination of this Agreement shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
TimeGlider reserves the right, in its sole discretion, to suspend your Membership Account at any time and for any length of time. In the event, and for so long as, TimeGlider suspends your Membership Account, you shall have no ability to purchase any Marketplace Items or other goods or services on the Service, but you may continue to access your Membership Account using your Membership Name and Membership Password. For clarification purposes, TimeGlider shall not remove any Marketplace Items or other goods or services you have purchased prior to suspension of your Membership Account and such Marketplace Items or other goods or services shall continue to be available.
You acknowledge that you are responsible for the information and material that you develop and/or import to the Service and/or through the use of the Software, including, without limitation, any (timeline or other) presentations, or portions thereof, that you import, create, store, and access on this Service (each, a "Presentation"), and that you, and not TimeGlider, will have full responsibility for each such Presentation, including its legality, reliability, appropriateness, originality and copyright. If you submit Presentations to the Service, you grant TimeGlider a non-exclusive, worldwide, royalty-free license (in any media now known or not currently known or invented) to use, copy, modify, distribute, display and provide access to the Presentation to users that you independently designate. Currently, except in special cases, any public and shared Presentation is capable of being further distributed and/or embedded on a web page. Embedding a Presentation on one web page means it is also capable of being embedded on any other web page. TimeGlider will not license your Presentations to any third parties, and TimeGlider agrees to provide access to your Presentations only to you and to recipients you independently designate. TimeGlider agrees to manage your Presentations in accordance with our Privacy Policy, which can be accessed on the web here: timeglider.com/privacy_policy.php.
YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO PRESENTATIONS YOU CREATE AND SUBMIT TO TimeGlider. You also agree that you will not upload, post or otherwise make available on the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Presentation.
You represent and warrant that: (i) you own the Presentations posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Presentations on or through the Service and any other use of your Presentations does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Presentations posted by you to or through the Service or created with the use of the Software.
We ask that you respect our online community as well as other individuals participating within the TimeGlider online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Presentations to or otherwise using the Service and/or the services, you agree not to, without limitation:
This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require TimeGlider to monitor, police or remove any Presentations or other information submitted by you or any other user. TimeGlider reserves the right to (a) terminate or suspend your access to your account, your ability to post to the Service or the services and (b) refuse, delete or remove any Presentations or move any Presentations from "public" to "private" status; with or without cause and with or without notice, for any reason or no reason, or for any action that TimeGlider determines is inappropriate or disruptive to the Service, services or to any other user of the Service and/or services. TimeGlider may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at TimeGlider's discretion, TimeGlider will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
You understand that your interactions and dealings with other users of the Service are solely between you and such other user. TimeGlider shall not be responsible for any loss or damage of any sort incurred as a result of any such interactions and/or dealings and TimeGlider will have no obligation to become involved in such dispute.
Presentations and unauthorized use of any Materials or Third Party Content contained on this Service may violate certain laws and regulations. You shall indemnify and hold TimeGlider and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) TimeGlider or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
Unless otherwise specified, all information and screens appearing on this Service including documents, services, Service design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of Mnemograph LLC, Copyright © 2007-08 Mnemograph LLC. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
TimeGlider respects the intellectual property of others, and we ask you to do the same. TimeGlider may, in appropriate circumstances and at our discretion, terminate or suspend service and/or access to the Service or Restricted Areas of the Service to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on our Service, please provide TimeGlider's copyright agent the following information:
TimeGlider's agent for notice of claims of copyright or trademark infringement on this Service can be reached as follows:
By e mail:
info@TimeGlider.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
Such written notice should be sent to our designated agent as follows:
By e mail:
info@TimeGlider.com
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Only the intellectual property rights owner may report potentially infringing items through TimeGlider's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
Your use of this Service, any Software and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by TimeGlider, and they may include inaccuracies or typographical errors. TimeGlider does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Service. TimeGlider has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by TimeGlider or our licensors.
TimeGlider, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICE, THE SOFTWARE, THE SERVICES OR ANY MATERIALS OR THIRD PARTY CONTENT. RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE SOFTWARE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TIMEGLIDER DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
TIMEGLIDER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SERVICE OR RELATING TO YOUR PRESENTATIONS OR THE SOFTWARE. IN NO EVENT SHALL TIMEGLIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING EVEN IF TIMEGLIDER KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL TIMEGLIDER AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS (USD $500).
TimeGlider controls and operates this Service from its offices in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Service outside the United States of America, you are responsible for following applicable local laws.
Idaho law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Service will be heard in the courts located in Idaho. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. TimeGlider's failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and TimeGlider and supersede all prior or contemporaneous negotiations, discussions or agreements between you and TimeGlider about the Service. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms
These Terms of Use were last updated: February 21, 2009
These Terms of Use are effective as of: February 21, 2009