
Last updated 04/26/2020
These Terms of Use constitute a legally binding agreement
made between you, whether personally or on behalf of an
entity (“you”) and THE TIMEBOX
APP ("Company",
“we”,
“us”, or
“our”), concerning your access
to and use of the
https://thetimebox.app
website as well as any other media form, media channel,
mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the
“Site”). You agree that by accessing the Site,
you have read, understood, and agree to be bound by all of
these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING
THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in
our sole discretion, to make changes or modifications to
these Terms of Use at any time and for any reason. We will
alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any
right to receive specific notice of each such change. It is
your responsibility to periodically review these Terms of
Use to stay informed of updates. You will be subject to, and
will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms
of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us
to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the
Site from other locations do so on their own initiative and
are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected
to such laws, you may not use this Site. You may not use the
Site in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
The Site is intended for users who are at least 18 years
old. Persons under the age of 18 are not permitted to use
or register for the Site.
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs,
and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are
owned or controlled by us or licensed to us, and are
protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of
the United States, international copyright laws, and
international conventions. The Content and the Marks are
provided on the Site “AS IS” for your
information and personal use only. Except as expressly
provided in these Terms of Use, no part of the Site and no
Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to
download or print a copy of any portion of the Content to
which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and
the Marks.
By using the Site, you represent and warrant
that: (1) all registration information you submit
will be true, accurate, current, and complete; (2) you will
maintain the accuracy of such information and promptly
update such registration information as
necessary; (3) you have the legal capacity and you
agree to comply with these Terms of Use; (4) you are not a
minor in the jurisdiction in which you reside; (5) you
will not access the Site through automated or non-human
means, whether through a bot, script or otherwise; (6)
you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree
to keep your password confidential and will be
responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole
discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You may be required to purchase or pay a fee to access
some of our services. You agree to provide current,
complete, and accurate purchase and account information
for all purchases made via the Site. You further agree
to promptly update account and payment information,
including email address, payment method, and payment
card expiration date, so that we can complete your
transactions and contact you as needed. We bill you
through an online billing account for purchases made via
the Site. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices
at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then
in effect for your purchases, and you authorize us to
charge your chosen payment provider for any such amounts
upon making your purchase. If your purchase is
subject to recurring charges, then you consent to our
charging your payment method on a recurring basis
without requiring your prior approval for each recurring
charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes
in pricing, even if we have already requested or
received payment. We also reserve the right to refuse
any order placed through the Site.
FREE TRIAL
We offer a 15-day free trial to new users who register
with the Site. The account will be charged according to
the user’s chosen subscription at the end of the
free trial.
All purchases are non-refundable. You can cancel
your subscription at any time by logging into
your account. Your cancellation will take effect at the
end of the current paid term.
If you are unsatisfied with our services, please email
us at hello@thetimebox.app.
SOFTWARE
We may include software for use in connection with
our services. If such software is accompanied by an
end user license agreement (“EULA”), the
terms of the EULA will govern your use of the
software. If such software is not accompanied by a
EULA, then we grant to you a non-exclusive,
revocable, personal, and non-transferable license to
use such software solely in connection with our
services and in accordance with these Terms of Use.
Any Software and any related documentation is
provided “as is” without warranty of any
kind, either express or implied, including, without
limitation, the implied warranties of
merchantability, fitness for a particular purpose,
or non-infringement. You accept any and all risk
arising out of use or performance of any Software.
You may not reproduce or redistribute any software
except in accordance with the EULA or these Terms of
Use.
You may not access or use the Site for any purpose other
than that for which we make the Site available. The Site may
not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by
us.
As a user of the Site, you agree not to:
1. Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by
automated means or under false pretenses.
2. Circumvent, disable, or otherwise interfere with
security-related features of the Site, including
features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the
Site and/or the Content contained therein.
3. Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account
information such as user passwords.
4. Make improper use of our support services or submit
false reports of abuse or misconduct.
5. Interfere with, disrupt, or create an undue burden on
the Site or the networks or services connected to the
Site.
6. Attempt to impersonate another user or person or use
the username of another user.
7. Use any information obtained from the Site in order
to harass, abuse, or harm another person.
8. Attempt to bypass any measures of the Site designed
to prevent or restrict access to the Site, or any
portion of the Site.
9. Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of
the Site to you.
10. Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment
of the Site or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation,
or maintenance of the Site.
11. Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active
information collection or transmission mechanism,
including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web
bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive
collection mechanisms” or “pcms”).
12. Use the Site in a manner inconsistent with any
applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content.
We may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or
on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be
viewable by other users of the Site and through
third-party websites. As such, any Contributions you
transmit may be treated in accordance with the Site
Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public
display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not
infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing
violates these Terms of Use and may result in, among
other things, termination or suspension of your rights
to use the Site.
CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process,
and use any information and personal data that you provide
following the terms of the Privacy Policy and your choices
(including settings).
By submitting suggestions or other feedback regarding the
Site, you agree that we can use and share such feedback for
any purpose without compensation to you.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for
any statements or representations in your Contributions
provided by you in any area on the Site. You are solely
responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against
us regarding your Contributions.
MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we
grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application
on wireless electronic devices owned or controlled by
you, and to access and use the mobile application on
such devices strictly in accordance with the terms and
conditions of this mobile application license contained
in these Terms of Use. You shall not: (1) decompile,
reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the application; (2) make any
modification, adaptation, improvement, enhancement,
translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations
in connection with your access or use of the
application; (4) remove, alter, or obscure any
proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the
application; (5) use the application for any revenue
generating endeavor, commercial enterprise, or other
purpose for which it is not designed or intended; (6)
make the application available over a network or other
environment permitting access or use by multiple devices
or users at the same time; (7) use the application for
creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a
substitute for the application; (8) use the application
to send automated queries to any website or to send any
unsolicited commercial e-mail; or (9) use any
proprietary information or any of our interfaces or our
other intellectual property in the design, development,
manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the
application.
The following terms apply when you use a mobile
application obtained from either the Apple Store or
Google Play (each an “App Distributor”) to
access the Site: (1) the license granted to you for our
mobile application is limited to a non-transferable
license to use the application on a device that utilizes
the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set
forth in the applicable App Distributor’s terms of
service; (2) we are responsible for providing any
maintenance and support services with respect to the
mobile application as specified in the terms and
conditions of this mobile application license contained
in these Terms of Use or as otherwise required under
applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the
mobile application; (3) in the event of any failure of
the mobile application to conform to any applicable
warranty, you may notify the applicable App Distributor,
and the App Distributor, in accordance with its terms
and policies, may refund the purchase price, if any,
paid for the mobile application, and to the maximum
extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with
respect to the mobile application; (4) you represent and
warrant that (i) you are not located in a country that
is subject to a U.S. government embargo, or that has
been designated by the U.S. government as a
“terrorist supporting” country and (ii) you
are not listed on any U.S. government list of prohibited
or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the
mobile application, e.g., if you have a VoIP
application, then you must not be in violation of their
wireless data service agreement when using the mobile
application; and (6) you acknowledge and agree that the
App Distributors are third-party beneficiaries of the
terms and conditions in this mobile application license
contained in these Terms of Use, and that each App
Distributor will have the right (and will be deemed to
have accepted the right) to enforce the terms and
conditions in this mobile application license contained
in these Terms of Use against you as a third-party
beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the Site, you may link
your account with online accounts you have with
third-party service providers (each such account, a
“Third-Party Account”) by either: (1)
providing your Third-Party Account login information
through the Site; or (2) allowing us to access your
Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of
each Third-Party Account. You represent and warrant that
you are entitled to disclose your Third-Party Account
login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the
terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating
us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider
of the Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any
content that you have provided to and stored in your
Third-Party Account (the “Social Network
Content”) so that it is available on and through
the Site via your account, including without limitation
any friend lists and (2) we may submit to and receive
from your Third-Party Account additional information to
the extent you are notified when you link your account
with the Third-Party Account. Depending on the
Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party
Accounts, personally identifiable information that you
post to your Third-Party Accounts may be available on
and through your account on the Site. Please note that
if a Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account is
terminated by the third-party service provider, then
Social Network Content may no longer be available on and
through the Site. You will have the ability to disable
the connection between your account on the Site and your
Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but
not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree that
we may access your email address book associated with a
Third-Party Account and your contacts list stored on
your mobile device or tablet computer solely for
purposes of identifying and informing you of those
contacts who have also registered to use the Site. You
can deactivate the connection between the Site and your
Third-Party Account by contacting us using the contact
information below or through your account settings (if
applicable). We will attempt to delete any information
stored on our servers that was obtained through such
Third-Party Account, except the username and profile
picture that become associated with your account.
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information
regarding the Site ("Submissions") provided by you to us
are non-confidential and shall become our sole property.
We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to
you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall
be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary
right in your Submissions.
U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as
defined in Federal Acquisition Regulation
(“FAR”) 2.101. If our services are
acquired by or on behalf of any agency not within
the Department of Defense (“DOD”), our
services are subject to the terms of these Terms of
Use in accordance with FAR 12.212 (for computer
software) and FAR 12.211 (for technical data). If
our services are acquired by or on behalf of any
agency within the Department of Defense, our
services are subject to the terms of these Terms of
Use in accordance with Defense Federal Acquisition
Regulation (“DFARS”) 227.7202‑3. In
addition, DFARS 252.227‑7015 applies to technical
data acquired by the DOD. This U.S. Government
Rights clause is in lieu of, and supersedes, any
other FAR, DFARS, or other clause or provision that
addresses government rights in computer software or
technical data under these Terms of Use.
We reserve the right, but not the obligation, to: (1)
monitor the Site for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of
Use, including without limitation, reporting such user
to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the
extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability,
to remove from the Site or otherwise disable all files
and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the
Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the
Site.
PRIVACY POLICY
We care about data privacy and security. By using
the Site, you agree to be bound by our Privacy
Policy posted on the Site, which is incorporated
into these Terms of Use. Please be advised the Site
is hosted in Switzerland. If you access the Site
from any other region of the world with laws or
other requirements governing personal data
collection, use, or disclosure that differ from
applicable laws in Switzerland, then through your
continued use of the Site, you are transferring your
data to Switzerland, and you agree to have your data
transferred to and processed in Switzerland.
These Terms of Use shall remain in full force and effect
while you use the Site. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason,
you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the
name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take
appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at
our sole discretion without notice. However, we have no
obligation to update any information on our Site. We
also reserve the right to modify or discontinue all or
part of the Site without notice at any time. We will not
be liable to you or any third party for any
modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all
times. We may experience hardware, software, or other
problems or need to perform maintenance related to the
Site, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or
for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use
the Site during any downtime or discontinuance of the
Site. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in
connection therewith.
These conditions are governed by and interpreted
following the laws of Switzerland, and the use of the
United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded. If
your habitual residence is in the EU, and you are a
consumer, you additionally possess the protection
provided to you by obligatory provisions of the law of
your country of residence. THE TIMEBOX APP and yourself
both agree to submit to the non-exclusive jurisdiction
of the courts of Bern, which means that you may make a
claim to defend your consumer protection rights in
regards to these Conditions of Use in Switzerland, or in
the EU country in which you reside.
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each a
"Dispute" and collectively, the “Disputes”)
brought by either you or us (individually, a
“Party” and collectively, the
“Parties”), the Parties agree to first attempt
to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days
before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other
Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties
to this contract shall be determined by one arbitrator who will
be chosen in accordance with the Arbitration and Internal Rules
of the European Court of Arbitration being part of the European
Centre of Arbitration having its seat in Strasbourg, and which
are in force at the time the application for arbitration is
filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Biel/Bienne,
Switzerland. The language of the proceedings shall be English.
Applicable rules of substantive law shall be the law of
Switzerland.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to
the above provisions concerning informal negotiations and
binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy,
or unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal
jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and
to change or update the information on the Site at any time,
without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT
OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE
A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US
STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) use of the Site; (2) breach of these
Terms of Use; (3) any breach of your representations and
warranties set forth in these Terms of Use; (4) your violation
of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act
toward any other user of the Site with whom you connected via
the Site. Notwithstanding the foregoing, we reserve the right,
at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you
agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for
the purpose of managing the performance of the Site, as well as
data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for
all data that you transmit or that relates to any activity you
have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data,
and you hereby waive any right of action against us arising from
any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and completing online
forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or
to payments or the granting of credits by any means other than
electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer
Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by
us on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use and does not affect the
validity and enforceability of any remaining provisions. There
is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these
Terms of Use or use of the Site. You agree that these Terms of
Use will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the lack of
signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive
further information regarding use of the Site, please contact us
at:
THE TIMEBOX APP c/o
Andrea Patuzzo
Quai du Haut 34
Biel/Bienne 2503
Switzerland
+41 (0) 76 490 65 32