Timeshout terms of use agreement

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Timeshout is a community-driven event calendar that allows people to find, post and coordinate events around the world. Timeshout allows users to share their favorite events in many helpful ways. Members can publish events on a blog, social network or website, can invite friends to check out favorite events and then add them to their Timeshout scene: the best way to keep track of upcoming events.

The services offered by Timeshout ("Timeshout" or "we") include the Timeshout.com website (the "Timeshout Website"), the Timeshout RSS export, API access, and any other features, content, or applications offered from time to time by TimesShout in connection with the Timeshout Website (collectively, the "Timeshout Service" or "Service"). Content ("Content") refers to any material, text, graphics, links that are published whether by Timeshout or a third party on the Timeshout Service.

1. Acceptance

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Timeshout Service. By using the Timeshout Service, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Timeshout Website or Timeshout Content presented by a third party website making use of any Timeshout service such as RSS or API) or you are a "Member" (which means that you have registered with Timeshout.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Timeshout Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Timeshout Website and discontinue use of the Timeshout Service immediately including services provided through RSS or API to a third party website.

Please note that this Agreement limits our liability and we do not provide warranties for the Service. This Agreement also limits your remedies. These warranty disclaimers and limitations are covered in Categorys 16 and 17 and we urge you to read them carefully.

You also agree that we may modify these terms from time to time at our sole discretion, as set forth in Category 12, and that you will not use the Service unless you accept such modified terms. You may review the current version of this Agreement at any time at http://timeshout.com/info/terms.

2. Membership responsibility

Membership in the Service is void where prohibited. By registering as a member, you confirm your acceptance of this agreement and represent and warrant that you are at least 13 years of age and that you agree to and to abide by all of the terms and conditions of this Agreement.You agree to maintain the accuracy of your registration information and to keep your account information confidential. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or any security breach that relates to the Service or access to your password. You are solely responsible for any and all use of your account. You understand and agree that we have no obligation to prescreen, manage, or edit Content made available through the service. You agree to bear all risk associated with Content you or others provide using your account.

3. Fees

By using the Service and by becoming a Member, you acknowledge that we reserve the right to charge for the Service or a portion of the Service and to change its fees from time to time at our discretion and have the right to terminate a membership for failure to pay for the Service.

4. Monitoring and disclosure

You acknowledge, consent and agree that Timeshout may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Timeshout, its employees, its customers, or the public.

5. Code of conduct

Use of our services requires you to abide to our Code of Conduct and practice good etiquette and courtesy. You therefore agree to not use our Service to:

• Post, publish, link to, or transmit any text, graphics, or material that intentionally or unintentionally violate any applicable local, state, national or international law, contains pornography, violence, or offensive subject matter or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, harasses or advocates harassment of another person or exploits people in a sexual or violent manner;
• Knowingly post, publish, link to, or transmit any inacurate text, graphics, or material with the intention to harm, libel, slander or disrupt another person, business or event;
• Engage in any unsolicited, unsolicited advertising or promotional offers including, but not limited to contests, sweepstakes, barter, junk mail, spam, chain letters, and pyramid schemes;
• Engage in any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, illegal drugs, violating someone's privacy, or providing or creating computer viruses;
• Harm or exploit minors in any way including soliciting personally identifiable information;
• Promotes an illegal or unauthorized copy of another person's copyrighted work or infringe any patent, trademark, trade secret, copyright, or other proprietary rights or violate contractual or fiduciary relationships (such as insider, proprietary, or confidential information);
• Solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
• Impersonate a Timeshout representative or another Member or falsely state or misrepresent affiliation with a person or entity;
• Disrupt, harm or inappropriately access any computer, group, server or telecommunication system or operational procedures, policies or regulations connected to the Service, or violate any requirements, procedures, policies or regulations of groups connected to the Service;
• Attempt to access or search the Service using any engine, software, tool, agent, device, or mechanism other than generally available third party web browsers. Exception apply for the general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and strictly follow the Web Robots Exclusion Standard (robots.txt) protocols.

6. Proprietary rights

Timeshout owns and retains, to the fullest extent of the law, all rights in the Service including but not limited to its copyrighted material, trademarks, patented processes, trade secrets, and other proprietary information. You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The foregoing does not apply to user Content.

By posting your Content on Timeshout or its partners, you grant us a license to copy, distribute, modify and publicly display Content that you post on the service in order to maintain the website and its associated syndication technologies. This license is granted and in force as long as the Content exists on the site. You also represent and warrant that you own the Content posted by you on or through the Timeshout Service or otherwise have the right to grant the license set forth in this Category, and the posting of your Content on or through the Timeshout Service does not violate the privacy rights, publicity 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 Content posted by you to or through the Timeshout Service.

7. Content

You understand that you are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Timeshout Website whether directly or inderctly though or on a third party using Timeshout services such as RSS or API.

Timeshout does not control the Content posted via their service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Timeshout be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the use of the Timeshout Service.

8. Special admonitions for international use

In recognition of the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable and to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. Content deletion

Timeshout reserves the right to delete any Content for any reason or no reason, including but not limited to service cancellation or violation of the terms of this Agreement.

10. Limitations

You acknowledge that we may establish limits concerning use of the Service, including its Content and availability of service. We reserve the right to modify or discontinue the Service (or any part or feature thereof) at any time with or without notice.

11. Access to the service

Use of the Service is granted for personal, non-commercial use only unless explicity stated. Our RSS service permit you to display or link to RSS feeds for personal, non-commercial usage provided that each title is correctly linked back to the Service and its use does not overburden our system. Our API service permits you to embed or make use of our Service from within your site. API access is granted at our discretion on a per user basis and may be revoked at any time.

12. Changes to this agreement

Timeshout may modify this Agreement from time to time and such modification shall be effective upon posting on the Timeshout Website. You agree to be bound to any changes to this Agreement when you use the Timeshout Service after any such modification is posted. You agree that you are solely responsible for reviewing the terms of this Agreement regularly to ensure you are updated as to any changes.

13. Termination

You may cancel the Service at any time, with or without cause or for any reason, by canceling your Timeshout membership. We may cancel, suspend, or block your access to the Service at any time, with immediate effect. This may be without cause and without notice. Even after Membership is terminated, this Agreement will remain in effect.

14. Infringement

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Timeshout Service in a way that constitutes copyright infringement, please notify Timeshout and provide all of the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of location or content on the Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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.

Upon receipt of notice as described above, Timeshout will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service or termination of the posting account.

15. Privacy

Use of the Service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

16. Disclaimers

The Timeshout Service are provided "AS-IS" and as available and Timeshout expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Timeshout cannot guarantee and does not promise any specific results from use of the Timeshout Service.

Timeshout is not responsible for any incorrect or inaccurate Content posted on the Timeshout Website or in connection with services such as RSS or API access, whether caused by Users of the Timeshout Service or by any of the equipment or programming associated with or utilized in the Timeshout Service.

Content posted on the Timeshout Website may indicate events or services. Timeshout is not responsible for the accuracy or completeness of the Content of such posted events and services including descriptions, directions, locations, timelime or other information. Inclusion of any event or service on the Timeshout Service does not imply approval or endorsement of the event or service by Timeshout. Users are responsible for checking and verifying the accuracy of such Content. When you visit, attend, join or participate in any way in these events or services you do so at your own risk.

Content posted on the Timeshout Website may contain links to other websites. Timeshout is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Timeshout. Inclusion of any linked website on the Timeshout Service does not imply approval or endorsement of the linked website by Timeshout. When you access these third-party sites, you do so at your own risk.

Timeshout takes no responsibility for third party advertisements which are posted on this Timeshout Website or through the Timeshout Service, nor does it take any responsibility for the goods or services provided by its advertisers.

Timeshout is not responsible for the conduct, whether online or offline, of any User of the Timeshout Service.

Timeshout assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.

Timeshout is not responsible for any incompatibility between the Service and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Service in an accurate or timely manner.

Incompatibility between the Service and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Service in an accurate or timely manner.

Under no circumstances shall Timeshout be responsible for any loss or damage, including personal injury or death, resulting from use of the Timeshout Service, attendance at a Timeshout posted event or service, from any Content posted on or through the Timeshout Service, or from the conduct of any users of the Timeshout Service, whether online or offline.

17. Limitation on liability

In no event shall Timeshout be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if Timeshout has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Timeshout's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount of your service fee for one month. Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

18. Indemnity

Members agree to indemnify and hold Timeshout, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) Content you submit, post, transmit, or make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, (iv) your violation of the Agreement, or (v) your violation of any rights of another including but not limited to another's copyright or other intellectual property right.

19. U.S. export controls

Software available in connection with the Timeshout Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the Timeshout Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

20. General

You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. This Agreement constitutes the complete agreement and supersedes all prior agreements between you and Timeshout. This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflict of laws provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California; to which jurisdiction and venue you and Timeshout each irrevocably consent. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions will remain in full force and effect. Timeshout's or your failure to act with respect to a breach does not waive Timeshout's or your right to act subsequently. You will not assign or transfer this Agreement or rights, or delegate these duties. Timeshout will have the right to assign this Agreement and rights and delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns.

21. Notices

Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, confirmed e-mail, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving Party indicated below, or at such other address as may hereafter be furnished in writing by either Party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent by facsimile or overnight courier, whichever is earlier.

Except for infringement notice as set forth in Category 14, any notice from you to Timeshout must be addressed to Timeshout. This Agreement and other communications we may provide you including amendments are in electronic form. You consent to receive any documents in electronic format unless and until you withdraw your consent by notice to us at which point you must stop using the Service. All documents that we provide to you in electronic format will be provided either (i) via e-mail; (ii) by access to a website which will be provided to you in an e-mail notice we send to you when the documents are available; or (iii) by posting on a website that we designate for that purpose. Notices provided to you via email will be deemed given and received on the transmission date.