TIMU CORP.
Terms of Use
Welcome to Timu.com! Although these Terms
of Use are binding, we want you to feel comfortable with them, understand
them fully and find that they accurately reflect the online community
with which you want to be involved.
1 Acceptance of Terms of Use and Amendments
Timu.com (the "Site") is owned
and operated by Timu Corp. (the "Company," "we,"
or "us"). Each time you use, view, or access the Site, you
agree to be bound by these Terms of Use, which may be amended from time
to time. In addition, if you use or purchase any products or services
through the Site, you also will be subject to any terms and conditions
applicable to those products and services.
We reserve the right, at any time, to
modify or discontinue the Site, with or without notice; charge fees
in connection with the use of the Site; modify or waive any fees charged
in connection with the Site; and offer opportunities to some or all
users of the Site. You agree that we shall not be liable to you or to
any third party for any modification, suspension, or discontinuance
of the Site, in whole or in part, or of any product, service, content,
or feature offered through the Site. Your continued use of the Site
after any modification will indicate your acceptance of such modification.
The Site is available only to people
who are of legal age to form a binding contract, and IN NO EVENT MAY
THE SITE BE USED BY A PERSON AGED 13 OR YOUNGER. The Site is controlled
and operated by the Company from the United States of America, and the
Company does not represent or warrant that the Site is appropriate or
available for use in any particular jurisdiction. You choose to use,
view, or access the Site on your own initiative and at your own risk,
and you are responsible for complying with all local laws, rules, and
regulations, including any international policies regarding user conduct
on social networks.
2 Company's Service
We endeavor to provide users of the Site
with access to specialized content and services relevant for athletes
and to facilitate their efforts to communicate about and schedule events.
The Site acts as a venue for individuals and teams to build and maintain
profiles and to publicize their interests, accomplishments, and events.
The Site also allows other users to view such information. The Company
does not police, review, screen, edit or monitor the content submitted
to the Site or make judgments about such content or the users that submit
the content. Further, in using the Site, you should make your own judgment
about the reliability and credibility of the persons posting or particular
team administrators.
You acknowledge that the information
and content that is contained on the Site is contributed by third-party
users of the Site, that such information and content may be incomplete
or may contain inaccuracies, and that such information and content may
be outdated or contain errors, omissions, or misinterpretations. You
should verify the accuracy of any information you obtain from the Site
before relying on such information. You agree to be solely responsible
for your use of the Site and any information you obtain from the Site.
The Site and any products or services
made available through the Site are provided on an "AS IS, AS AVAILABLE"
basis. The Company will not be held responsible or liable for timeliness,
removal of information, failure to store information, inaccuracy of
information, or improper delivery of information.
3 Your Responsibilities and Registration
Obligations
In order to participate in a team listing
or otherwise use the Site or certain parts of it, you may be required
to register for a user account. In this case, you agree to provide accurate
information when establishing your account. You are responsible for
maintaining the confidentiality of your password and keeping it secure,
and you will be responsible for all usage of your user account and user
name, whether authorized or not authorized by you. You agree to immediately
notify the Company of any unauthorized use of your user account, user
name, or password. In addition, you agree that you will never use another
user's account.
The Company will not be liable for any
losses or damages caused by the unauthorized use of your account. However,
you may be liable for the losses of the Company or others due to such
unauthorized use. Although we have confidence in our security policies,
their effectiveness relies upon your adherence to these Terms of Use.
We reserve the right, in our sole discretion,
to terminate or suspend your account if we believe, or have been notified
by a third party of its belief that, you may be infringing the rights
of others, violating the copyrights of others, or engaging in any inappropriate
behavior. We also reserve the right, in our sole discretion, to terminate
your access to all or part of the Site or to any products or services
available through the Site for any reason or no reason, with or without
notice. In the event of termination, your account will be disabled and
you will not have access to your account. We generally attempt to return
your content to you after your account is terminated. However, you should
be aware that, in some circumstances, we may not be able to return your
content to you and that you may not otherwise have access to your content,
although residual copies of such information may remain in our system
for back-up purposes and for statistical and data-aggregation purposes
(where we may make use of user data on a masked, aggregate basis, as
further described in our Privacy
Policy.
4 Your Conduct
You agree that all information or data
of any kind, whether text, software, code, music or sound, photographs,
graphics, images, team logos, articles, user comments, video, or other
materials (collectively, "content"), made available publicly
or privately, will be the sole responsibility of the person providing
such content or of the person whose user account is used in connection
with such content. You understand that you may view content on the Site
that may be objectionable to you. We will not be responsible to you
in any way for any content displayed on the Site, nor for any error
or omission relating to such content.
By using the Site or any product or service
available through the Site, you agree that:
(a) you will not provide any content or
conduct yourself in any way that may be construed as unlawful, illegal,
threatening, harmful, abusive, harassing, stalking, tortuous, defamatory,
libelous, vulgar, obscene, offensive, objectionable, pornographic, designed
to interfere with or disrupt the operation of the Site or any product
or service available through the Site, infected with a virus or other
destructive or deleterious programming routine, giving rise to civil
or criminal liability, or in violation of an applicable local, national
or international law;
(b) you will not impersonate or misrepresent
your association with any team, league, organization, person, or entity,
and you will not forge or otherwise seek to conceal or misrepresent
the origin of any content provided by you;
(c) you will not attempt to aggregate
or otherwise collect or harvest any information about the collective
users of the Site;
(d) you will not attempt to disable or
circumvent any features of our system that are designed to limit your
access to certain information about a user or users of the Site, and
you will otherwise not collect or harvest any information about a given
user if you are not a person in a bona fide category to which such user
has given permission for access;
(e) you will not provide, and you will
not use the Site to provide, any content or service in any commercial
manner or in any manner that would involve junk mail, spam, chain letters,
pyramid schemes, or any other form of unauthorized advertising or commerce;
and you will not use the Site to promote or operate any service without
the Company's prior written consent; and
(f) you will not provide any content that
may give rise to the Company being held civilly or criminally liable
or that may be considered a violation of any law, including without
limitation laws relating to copyrights, trademarks, patents, or trade
secrets.
If you provide any content or other information
through the Site that we are given any reason to believe may be false,
inaccurate, misleading, or incomplete, we may terminate your use of
the Site and your use of any products or services available through
the Site.
5 License to Use Your Content
Although you retain any ownership rights
that you may have to your content, by submitting or providing any content
to the Site, you hereby grant to the Company and its successors and
assigns a perpetual, worldwide, non-exclusive, royalty-free, irrevocable
right and license (including any moral rights or other necessary rights)
to use, display, reproduce, publish, distribute, perform, promote, archive,
adapt, and translate such content in connection with the Site, in whole
or in part and in any media now known or developed in the future, and
to develop, use, distribute, and publish information and statistics
derived from your content for use on a masked, aggregate basis. While
we may make commercially reasonable efforts to restrict or limit access
to information you post according to settings you may choose from time
to time in connection with the creation or maintenance of your public
profile, the license granted to us in this paragraph is not restricted
by such settings. Without this license, the Company would not be able
to make your content available through the Site.
You represent and warrant that you have
all legal, moral, and other rights that may be necessary to grant the
Company the license described in the preceding paragraph. You agree
that you will not make any claims against the Company based on any allegations
that any activities or alleged omissions within the Site, whether or
not by or condoned by the Company, infringe any intellectual property
rights associated with your content. You acknowledge and agree that
the Company has the right (but not obligation), in its sole discretion,
to refuse to publish or to remove or block access to any content you
submit or provide to the Site at any time and for any reason, with or
without notice.
6 Links to Other Sites and Third-party
Services
The Site may contain links to third-party
websites. These links are provided as a convenience to you and not as
an endorsement by the Company of the contents of such third-party websites.
The Company is not responsible for the content of linked third-party
websites and does not make any representations regarding the content
or accuracy of materials on such websites. If you decide to access any
linked third-party website, you do so at your own risk.
In addition, the products and services
of third parties may be advertised or made available through the Site.
Representations made regarding such products and services will be governed
by the policies and representations made by such third parties. The
Company will not in any manner be liable for or responsible for any
of your dealings or interaction with third parties.
7 Intellectual Property Rights
You acknowledge that the Company owns
all right, title, and interest in and to the Site, including all intellectual
property rights. TIMU, the Timu logo design, and other graphics, logos,
designs, page headers, button icons, scripts, and service names used
in connection with the Site are trademarks, service marks, or trade
dress of the Company. In order to protect our brand, our trademarks,
service marks, and trade dress may not be used without our explicit
written permission. The only time you can use our trademarks, service
marks, or trade dress without advance written permission is if there
is clear and express language in these Terms of Use, stating that you
can use that trademark without first obtaining explicit written permission.
In such case, you must abide by the terms relating to the authorized
use.
By making the Site and any products and
services available through the Site available to you, the Company is
not providing you with any implied or express licenses or rights, and
you will have no rights to make any use of the Site or the products
and services available through the Site, except as provided in these
Terms of Use.
8 Payment for Services
If you register for a product or service
that requires the payment of fees by you, such fees will be paid by
you by credit card upon your registration for such product or service.
If you do not pay for a product or service as required, we may suspend
such product or service. You may terminate any product or service, and
you will not be charged for such product or service beginning with the
next calendar month following the date you provide us with notice of
your termination through your account profile. If your credit card expires
or otherwise declines payment, your products or services may be suspended.
In order for us to process payments, you must provide us with certain
personally identifiable information. We may process payments using a
third-party service provider. In that case, the payment process will
be subject to the terms of use and privacy policy of that third-party
service provider. IF YOU DISPUTE ANY CHARGES, YOU MUST NOTIFY US IN
WRITING WITHIN 30 DAYS FROM THE DATE OF THE CHARGE; failure to notify
us within this time will result in the waiver by you of any claim relating
to any such disputed charge.
9 Notice to Copyright Holders
We are committed to upholding the rights
of copyright holders. If you are a copyright holder, or an agent of
a copyright holder, and you believe that a Site user posting, submission,
or other content infringes upon your copyright, please submit a notification
to us. You may do so pursuant to the Digital Millennium Copyright Act,
by providing the following information to our copyright agent:
¥ A
physical or electronic signature of a copyright owner or an authorized
agent of anyone who holds proprietary rights to the material that has
been infringed.
¥ Specific identification of the
material claimed to have been infringed.
¥ Specific identification of the
material that is claimed to be infringing.
¥ A statement that you believe the
use of material, in the way that you have deemed unlawful, is not authorized
by the copyright owner or its agent.
¥ A statement that the information
in the notification is accurate and that you are authorized to act on
behalf of the owner of an exclusive right, under penalty of perjury.
¥ Contact information, such as a
street address, telephone number and an email address, so that we can
contact you.
Such information must be sent to our
copyright agent by email at legal@timu.com.
10 Privacy
As a condition to using the Site, you
agree to the terms of our Privacy
Policy,
which is incorporated into these Terms of Use by this reference. The
Privacy Policy may be updated from time to time. You agree that the
Company may access or disclose your personal information, including
the content of your communications, if it is required to do so in order
to comply with any legal process or governmental request, or as otherwise
provided in the Privacy Policy or these Terms of Use. IF YOU CHOOSE
TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY
AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
11 Indemnification
You agree to indemnify and hold harmless
the Company and its shareholders, representatives, subsidiaries, affiliates,
related parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders from any claim or
demand, including without limitation reasonable attorney fees, that
may be asserted or filed by any third party, arising out of or related
to your use of the Site or any product or service available through
the Site, your submission or provision of content to the Site, your
violation of these Terms of Use, or any other violation by you of the
rights of another person or party.
12 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE OR ANY PRODUCTS
OR SERVICES AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. THE SITE
AND ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED
ON AN "AS IS, AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) THE COMPANY DOES NOT WARRANT THAT
(i) THE SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE
WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR ANY PRODUCTS OR SERVICES
AVAILABLE THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE,
RELIABLE, ERROR-FREE, VIRUS-FREE, OR OF ANY QUALITY; (iii) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTIONS; OR (iv) ANY
ERRORS IN THE SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE
SITE WILL BE CORRECTED.
(c) IF YOU DOWNLOAD OR OBTAIN ANY MATERIAL
THROUGH THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND 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 MATERIAL
THROUGH THE SITE.
(d) NO ADVICE OR INFORMATION, WHETHER
WRITTEN OR ORAL, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM
THE SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. NEITHER
THE COMPANY NOR ANY USER OF THE PRODUCTS OR SERVICES AVAILABLE THROUGH
THE SITE PROVIDES PROFESSIONAL ADVICE OF ANY KIND, AND ANY ADVICE OR
OTHER INFORMATION OBTAINED VIA THE SITE SHALL BE USED SOLELY AT YOUR
OWN RISK.
(e) THE COMPANY IS NOT RESPONSIBLE FOR
ERRORS OR OMISSIONS IN ANY INFORMATION OR CONTENT CONTAINED ON THE SITE,
INCLUDING WITHOUT LIMITATION USER PROFILE AND EVENT INFORMATION. WE
CANNOT AND DO NOT INDEPENDENTLY VERIFY PROFILE, EVENT, OR ANY OTHER
INFORMATION POSTED BY USERS OF THE SITE.
13 LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE OR
ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE; (B) THE COST OF
OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION,
PRODUCTS, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA, OR TRANSMISSIONS; (D)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR USING ANY PRODUCTS
OR SERVICES AVAILABLE THROUGH THE SITE; OR (E) ANY OTHER MATTER RELATING
TO THE SITE OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE.
14 Filtering
Pursuant to 47 U.S.C. Section 230(d),
as amended, we hereby notify you that parental control protections (such
as computer hardware, software, or filtering services) are commercially
available that may assist you in limiting access to material that is
harmful to minors. Information identifying current providers of such
protections is available at GetNetWise (http://kids.getnetwise.org/)
and OnGuard Online (http://onguardonline.gov/).
We do not endorse any of the products or services listed at these websites.
15 Information or Complaints
Under California Civil Code Section 1789.3,
California users are entitled to the following consumer rights notice:
If you have a question or complaint regarding the Site, please send
an email to legal@timu.com. You also may contact us by writing to 600
University Street, Suite 2700, Seattle, WA 98101, or by calling us at
(206) 467-1816. California residents may reach the Complaint Assistance
Unit of the Division of Consumer Services of the California Department
of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento,
CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
16 Choice of Law; Jurisdiction; Forum
These Terms of Use will be governed by
and construed in accordance with the laws of the State of Washington,
without giving effect to its conflict of laws provisions or your actual
state or country of residence. You agree that any claim, legal proceeding,
or litigation arising in connection with your use of the Site or any
products or services obtained through the Site will be brought solely
in King County, Washington, and you consent to the jurisdiction of the
federal and state courts located in King County, Washington.
17 Miscellaneous Provisions
You may not assign your rights or delegate
your obligations under these Terms of Use without the prior written
consent of a duly authorized executive officer of the Company. Unless
expressly provided in these Terms of Use, these Terms of Use are not
intended to benefit, nor shall they be deemed to give rise to, any rights
in any third party. The waiver by the Company of a breach of any provision
of these Terms of Use shall not be taken or held to be a waiver of the
provision itself. If any provision of these Terms of Use is held by
a court of competent jurisdiction to be contrary to law, such provision
shall be changed and interpreted so as to best accomplish the objectives
of the original provision to the fullest extent allowed by law, and
the remaining provisions of these Terms of Use shall remain in full
force and effect. You agree that the Company may provide you with notices,
including notices regarding changes to these Terms of Use, by email,
regular mail or postings on the Site.
18 Entire Agreement
These Terms of Use (together with the
Company's Privacy
Policy,
which are understood to be incorporated into these Terms of Use) constitute
the entire agreement between you and the Company and govern your use
of the Site, superseding any prior agreements between you and the Company.
You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other products or services, third-party
content, or third-party software. In the event of any inconsistency
between these Terms of Use and the terms and conditions relating to
any specific product or service available through the Site, these Terms
of Use shall control.
Thank you for your time and consideration. Once again, welcome to Timu.com!
