TIMEWERKS TERMS OF SERVICE
Last Updated: June 19, 2014
Your use of the Timewerks service, through the www.mytimewerks.com website (the “Website”) is subject to these “Terms of Service.” The Timewerks service and the Website are collectively referred in this agreement as the “Service”. By using the Service, you agree to be bound by, and use the Website in compliance with, these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.
The terms "you," "your," and "yours" refer to you, the visitor to the Website or the end user of Sorth’s Timewerks application. The terms Sorth," "we," "us," and "our" refer to Sorth, LLC. We may periodically make changes to these Terms of Service. It is your responsibility to review the most recent version of these Terms of Service frequently and remain informed of any changes to it. You agree that your continued use of the Service after such changes have been published to the Website shall constitute your acceptance of such revised Terms of Service.
License to Use the Website
Subject to these Terms of Service, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service for your personal use and not for resale or further distribution. Your right to use the Service is limited by the terms set forth in these Terms of Service.
Except for this license granted to you, we retain all right, title, and interest in and to the Website, including all related intellectual property rights. The Service is protected by applicable intellectual property laws, including United States copyright law and international treaties.
Except as otherwise explicitly provided in these Terms of Service or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service.
Access to the Website; Modifications to the Website
We do not provide you with the equipment to access the Service. You are responsible for all fees charged by third parties to access the Service (e.g., charges by internet service providers).
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting by you, or to restrict, suspend, or terminate your access to the Service at any time, for any or no reason, with or without prior notice, and without liability.
You must be 13 or older to register as a user or to use the Service.
You must comply with all applicable laws, including U.S. export control laws, when using the Service. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available by Sorth on the Website (“Website Content”) or compile or collect any Website Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any Website Content; (c) rent, lease, or sublicense your access to the Website to another person; (d) use the Website or Website Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Website; (f) use the Website in a manner that threatens the integrity, performance, or availability of the Website; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website or Website Content.
Links and Third Party Content
The Website may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.
You are solely responsible for any content and other material that you submit, publish or display on the Website or transmit to third parties.
You will not use the Service to: (a) upload, post, email, or otherwise transmit any information that contains personally identifying information, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm Sorth or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) collect or store personal data about other users.
If you see content on the Website that violates these use restrictions, please contact Sorth at firstname.lastname@example.org.
Disclaimer of Warranties
YOUR USE OF THE SERVICE, WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE SERVICE, WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SORTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE WEBSITE AND WEBSITE CONTENT, AND YOU RELY ON THE SERVICE, WEBSITE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SORTH OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
SORTH WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SORTH HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE, WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL SORTH’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WEBSITE OR WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISIDCTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com and provide our copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (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, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a 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; and (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. Our agent for notice of claims of copyright infringement on this site can be reached using the contact information below.
You will indemnify and hold Sorth, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service, Website or Website Content, your violation of these Terms of Service, or your violation of any rights of a third party through use of the Service, Website or Website Content.
Updates to this Website and Terms of Service
We may occasionally update the Website and these Terms of Service. When we do, we will revise the “last updated” date on these Terms of Service. You should check this Website and these Terms of Service frequently to see recent changes. Your continued use of the Service after such changes will be subject to the then-current terms of service. This version of these Terms of Service shall supersede all earlier versions.
Enforcement of these Terms of Service will be governed by Washington law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Website will lie in the State and Federal courts located in Seattle, King County, Washington, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Sorth to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by Sorth in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
If you have any questions or concerns about the Website or these Terms of Service, please send us a thorough description by email to firstname.lastname@example.org.