These Terms of Service (“Terms”) govern your access to and use of Mnemograph LLC’s (“Mnemograph”) website, www.timeglider.com, (the “Service”), and any data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, or other materials uploaded or appearing on the Service (collectively, “Content”).
By using the Service, you accept the following Terms, including any future amendments (collectively, the “Agreement”):
1.1 You may not use the Service and may not accept the Terms if:
a. You are not of legal age to form a binding contract with Mnemograph, or
b. You are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.
1.2. The Service that Mnemograph provides is always evolving and the form and nature of the Service that Mnemograph provides may change from time to time without prior notice to you. In addition, Mnemograph may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
1.3. The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Mnemograph on the Service are subject to change. In consideration for Mnemograph granting you access to and use of the Service, you agree that Mnemograph and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
1.4. In accordance with U.S. Children’s Online Privacy Protection Act of 1998 (“COPPA”), Mnemograph will never knowingly solicit, nor will it accept, personally identifiable information from users under thirteen (13) years of age. By agreeing to these Terms, you certify that you are not under thirteen (13) years of age.
2.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. Mnemograph cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you become aware of any unauthorized use of your password or of your account, you agree to notify Mnemograph immediately.
2.2 You must not use the Service to harass, impersonate, threaten, or intimidate anyone.
2.3 You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
2.4 You must not upload, post, email, transmit or otherwise make available any content that is in violation of copyright, trademark or other law protecting intellectual property in any jurisdiction, or that violates any individual’s publicity or privacy rights.
2.5 You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
2.6 You must not transmit any worms or viruses or any code of a destructive nature.
2.7 You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
2.8 You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
2.9 You must not use the Service to falsely suggest an affiliation, sponsorship, or endorsement on the part of Mnemograph for the topic and/or creator of the content.
3.1 You understand that all Content which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated.
3.2 You should be aware that Content presented to you as part of the Service, including but not limited to advertisements in the Service and sponsored Content within the Service may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Mnemograph (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Mnemograph or by the owners of that Content, in a separate agreement.
3.3 Mnemograph reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
3.4 You understand that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.
3.5 You agree that you are solely responsible for (and that Mnemograph has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which Mnemograph may suffer) by doing so.
3.6 Unless you have been expressly authorized to do so in writing by Mnemograph, you agree that in using the Service, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
3.7 Other than the limited license set forth in the Terms, Mnemograph acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Mnemograph, you agree that you are responsible for protecting and enforcing those rights and that Mnemograph has no obligation to do so on your behalf.
3.8 You acknowledge and agree that Mnemograph (or Mnemograph’s licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
3.9 When you upload user content, you will have the option of making the content public (“Public User Content”) or private (“Private User Content”).
3.10 License from Mnemograph.
Mnemograph gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Mnemograph as part of the Service as provided to you by Mnemograph (referred to as the “Software” below). This license is for the purpose of enabling you to use and enjoy the benefit of the Service as provided by Mnemograph, in the manner permitted by the Terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Mnemograph, in writing. Unless Mnemograph has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
3.11 Content License From You.
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service.
With respect to Public and Private User Content, you hereby do and shall grant Mnemograph (and its successors, assigns, and third party service providers) a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, transferable, and non-exclusive license to reproduce, adapt, modify, create derivative works from, translate, publish, publicly perform, publicly display, distribute, and otherwise exploit any Content which you submit, post or display on or through, the Service, for the purpose of providing you with the Service.
While Mnemograph makes it easy for users to make private content public, uses made of your content are subject to the terms in place at time such use was originally made by Mnemograph.
3.12 Licenses to Users.
When you upload user content on or through the Service, you also hereby do and shall grant to each user of the Service with whom you share your presentation a personal non-commercial non-exclusive license to access and view your user content. Except where otherwise indicated, such licenses granted to Mnemograph and to users of the Mnemograph service expire when you remove your content from the Mnemograph Service.
There are three (3) types of TimeGlider user account types: Timeglider Free, Timeglider Plus, and Timeglider Enterprise. Terms related to each are set forth below.
Timeglider Free – Timeglider Free accounts are free for use, and require no monthly fee. Each Timeglider Free account allows you to create up to three timelines. Timeglider Free users may also publish timelines up to one thousand (1000) visits per month.
Timeglider Plus – Timeglider Plus accounts are available for five dollars ($5.00) per month. Timeglider Plus users may do the following: collaborate by adding other Timeglider users to timelines as editors; create “sub-user” groups; import data from comma-separated values (“CVS”) files and other flat-file formats, and export data to CVS and tab-separated formats; manage events and images in a searchable, sortable, tabular interface; create multi-timelines presentations; and publish timelines to up to ten thousand (10,000) visits per month.
Timeglider Enterprise – Please contact Timeglider for Timeglider Enterprise account rates. Each Timeglider Enterprise account allows users to do the following: bring a stream of documents into view, allowing for visualization according to date; plan collaborative projects involving international team members and allow for varying levels of access and permission to different data elements; import data from any web-available database and transform it selectively into timelines; and upload any kind of archive.
5.1 General Terms.
You agree to pay the then-current fee for the account type you have selected. Fees charged for one account type may not be credited towards other account types. All currency references are in U.S. dollars.
5.2 Payment for Subscription.
For all for-pay account types, payments occur on a pre-pay basis and payment will be automatically renewed for the term, and the end of each term. The amount you are to pay will depend upon which account type you choose. If you choose to cancel a reoccurring payment, you will be contacted in order to renew your account prior to the end of the then-current billing term, at which point you may elect to purchase an additional term of service at the then-current service rates. If you do not elect to purchase an additional term of service, your account will be suspended and you have the option of converting to a Timeglider Free account – subject to the limitations of a Timeglider Free account.
5.3 Fraud Protections
To protect against potential fraud, Mnemograph may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. Mnemograph will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing Mnemograph with your credit card information, you authorize Mnemograph to debit and credit your credit card account for an amount less than one dollar for such verification purposes.
5.4 Cancellation of Subscription Services.
Unless Mnemograph gives notice to the contrary, payment for subscriptions are non-refundable. If you cancel your reoccurring payment option, your account will remain active until its next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund.
If your credit card is invalid for any reason, your for-pay Mnemograph account will revert to a Timeglider account and will be subject to the limitations of a Timeglider Free account; provided, however, that Mnemograph reserves the right to cancel your account entirely in such case. You will have the option of deleting any user content from your account prior to its reversion to a Timeglider Free account.
You will indemnify and hold Mnemograph and/or the Mnemograph affiliates harmless from and against any and all liabilities and costs (including reasonable attorney fees) incurred by Mnemograph and/or the Mnemograph affiliates in connection with any claim arising out of your breach of the Agreement. Mnemograph reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Mnemograph has adopted the following general policy toward copyright infringement according with the U.S. Digital Millennium Copyright Act (“DMCA”) (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Mnemograph’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this section.
It is Mnemograph’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the DMCA) and to terminating the accounts of repeat infringers. It is our policy to respond to clear notices of alleged copyright infringement. The form of notice should be consistent with the form suggested by the DMCA, but we will respond to notices of this form from other jurisdictions as well. Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.
7.1 Procedure for Reporting Copyright Infringements:
a. Identification of the copyrighted work that you claim has been infringed on or through the Service, including the copyright registration number for any such work if applicable;
b. Identification of the Content that you claim has infringed on the identified copyrighted work, including (i) a description of how the material in question is using the copyrighted work in a way that constitutes infringement, and (ii) a description of where the material in question is located on or in the Service, with sufficient detail that we may verify the existence of the material within the Service;
c. Your contact information, including your full name, mailing address, telephone number, and email address;
d. A statement by you that you have a good faith belief that the disputed use of the copyrighted materials are not authorized by the copyright holder, its agents, or the law;
e. A statement by you, made under the penalty of perjury, that the information provided in your notice is accurate and that you are the copyright holder or are authorized to act on behalf of the copyright holder; and
f. An electronic or physical signature of the person authorized to act on behalf of the copyright holder.
7.2 Procedure to Supply a Counter-Notice to Designated Agent:
If the notified-user believes that the Content which was removed or to which access was disabled is either not infringing, or the user believes that he or she has the right to post and use such Content from the copyright owner’s agent, or pursuant to the law (including as a fair use), the notified-user must send a counter-notice containing the following information to the Designated Agent listed below:
a. Identification of the Content that has been removed or disabled, including a description of where the material in question appeared on the Service before it was removed or disabled;
b. A statement by you, made under penalty of perjury, that have a good faith belief that the Content removed or blocked as a result of a mistake or misidentification of the Content in question;
c. Your contact information, including full name, mailing address, telephone number, and email address;
d. A statement by you that you consent to the jurisdiction of the Federal Court for which the judicial district in which your address is located, or if your address is outside of the USA, the judicial district in which Mnemograph is located, and that you will accept service of process form the person who provided notification of the alleged infringement; and
e. Your electronic or physical signature.
If a counter-notice is received by the Designated Agent, Mnemograph may send a copy of the counter-notice to the original complaining party informing the party that Mnemograph may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Mnemograph’s sole discretion.
Please contact Mnemograph’s Designated Agent to Receive Notification of Claimed Infringement:
Designated Agent to Receive Notification of Claimed Infringement:
ATTN: Michael Richardson
610 North Haines
Boise, ID 83712
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel,” arrangement of content, contained on the Service is owned, controlled, or licensed by or to Mnemograph, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.
Except as expressly provided in this Agreement or otherwise permitted by law, no Mnemograph intellectual property may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Mnemograph’s express prior written consent.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT MNEMOGRAPH’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, MNEMOGRAPH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (a) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
MNEMOGRAPH FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SUBJECT TO OVERALL PROVISIONS ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MNEMOGRAPH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR OTHER INTANGIBLE LOSS;
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; (B) ANY CHANGES WHICH MNEMOGRAPH MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE); (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE; (D) YOUR FAILURE TO PROVIDE MNEMOGRAPH WITH ACCURATE ACCOUNT INFORMATION; AND (E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON MNEMOGRAPH’S LIABILITY TO YOU IN PARAGRAPHS ABOVE SHALL APPLY WHETHER OR NOT MNEMOGRAPH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Some of the Service is supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service, queries made through the Service or other information.
The manner, mode and extent of advertising by Mnemograph on the Service are subject to change without specific notice to you.
In consideration for Mnemograph granting you access to and use of the Service, you agree that Mnemograph may place such advertising on the Service.
In no event shall Mnemograph aggregate liability for direct damages arising out of or related to this Agreement exceeding five hundred dollars ($500.00).
14.1 Entire Agreement.
This Agreement is the whole legal agreement between you and Mnemograph regarding the Service (excluding any Service for which you have a separate agreement with Mnemograph that is explicitly in addition or in place of these Terms). These Terms supersede and replace any prior agreements between Mnemograph and you regarding the Service. We may revise these Terms from time to time, in our sole discretion. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
14.2 Governing Law.
You agree that the Terms, and your relationship with Mnemograph under the Terms, shall be governed by the United States and by the laws of the State of Idaho without regard to its conflict of laws provisions. You and Mnemograph agree to submit to the exclusive jurisdiction of the courts located within the county of Ada, Idaho to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Mnemograph shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You acknowledge and agree that each member of the group of companies of which Mnemograph is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
14.3 Dispute Resolution.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney fees. In the event of any controversy or dispute between Mnemograph and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30)) days, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
14.4 Waiver of Severability.
The failure of Mnemograph to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Mnemograph may assign or delegate all rights and obligations under the Agreement, fully or partially.
14.6 Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.
Mnemograph may terminate its legal agreement with you at any time and without prior notice if you have: (a) breached any provision of the Terms; (b) Mnemograph is required to do so by law; (c) the provision of the Service to you by Mnemograph is, in Mnemograph’s opinion, no longer commercially viable. It is Mnemograph’s policy to terminate the account of users who violate the copyright of third parties.
If Mnemograph does not take any legal action against you as a result of your violation of this Agreement, Mnemograph will be entitled to recover from you, and you agree to pay, all reasonable attorney fees and costs of such action, in addition to any other relief granted to Mnemograph. You agree that Mnemograph will not be liable to you or any third party for termination of your access to the Service as a result of any violation of the Agreement.
Mnemograph may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings to the Service. Mnemograph’s mailing address is:
610 North Haines
Boise, ID 83712
If you have general questions or concerns regarding these Terms, please contact us in writing at firstname.lastname@example.org or at our mailing address.
Third Party Beneficiaries. Each Mnemograph affiliate is an intended third party beneficiary to this Agreement and shall be entitled to directly enforce and rely upon any provision of the Agreement that confers a benefit on them. Other than this, no other person shall be a third party beneficiary to the Agreement.