Terms and Policies
TIME FLASH's TERMS AND POLICIES ARE INCORPORATED IN THIS END USER LICENSE AGREEMENT (THIS "EULA") IS A BINDING AGREEMENT. BY INSTALLING OR USING THE TIME FLASH APPLICATION YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS EULA, DO NOT INSTALL OR USE THE TIME FLASH APPLICATION. IF THIS APPLICATION IS ALREADY INSTALLED ON YOUR DEVICE, UNINSTALL IT IMMEDIATELY.
Grant of License
Time Flash LLC ("Licensor") provides a digital time capsule service for mobile devices (the "Application"). Subject to the terms and conditions of this EULA, Licensor grants you a non-exclusive, non-transferable license to use the Application. Licensor reserves the right to update or modify the Application at any time, from time to time in its sole discretion, including without limitation to increase or change functionality of the Application.
Representation Concerning Age.
You represent and warrant that you are least seventeen (17) years old. Children under the age of seventeen (17) are not permitted to use the Application. Legal Compliance. 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) your are not listed on any U.S. Government list of prohibited or restricted parties.
In order to use the Application, you must create an account. You may not provide false information during the registration process. You should not reveal your password to other users. You agree to immediately notify Licensor of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. Licensor will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Licensor harmless for any improper or illegal use of your account, unless you have notified us via e-mail to firstname.lastname@example.org that your account has been compromised and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account.
You may not, nor may you assist other parties to, (a) except as expressly permitted herein, use copy, modify, or create derivative works of the Application or part thereof, (b) distribute or transfer the Application or part thereof or sublicense your right to use the Application hereunder, (b) reverse-engineer, disassemble, or attempt to derive the source code of the Application or part thereof, or (c) attempt to disable or circumvent any security or access control mechanism of the Application.
You have no ownership rights in the Application. Rather, you have a license to use the Application only so long as this EULA remains in effect. Ownership of the Application and all intellectual property rights therein shall remain at all times with Licensor or its licensors. All rights not granted to you herein are reserved to Licensor or its licensors. Any references to the sale or transfer of the Application herein or in any other communication between Licensor and you shall mean only the license of the Application pursuant to the terms and conditions of this EULA. The license granted to you for the Application is a non-transferable license to use the Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You have no obligation to provide us with any feedback concerning the Application. Nevertheless, if you provide us with any feedback concerning the Application, you also provide us with a non-exclusive, perpetual license to make all uses of such feedback.
As used in this EULA, the term "Content" means all content on or made available through the Application, including but not limited to any conversations, chats, videos, or pictures you or any other user may make available through the Application. You are fully and solely responsible for any Content you make available through the Application, and represent and warrant that such Content complies with all applicable law and does not infringe third-party intellectual property rights. Licensor has no obligation to accept, display, review or maintain any Content. Moreover, Licensor reserves the rights to remove and permanently delete any Content, including any Content of any user, without notice and for any reason. Content comes from a variety of sources. You understand Licensor is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to this Content. Although users must agree to this EULA, it is possible that users (including unauthorized users) may post or transmit offensive or obscene materials to which you may be involuntarily exposed, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Licensor with respect to thereto. Licensor disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users). Licensor does not endorse any content or any opinion, recommendation, or advice expressed in any Content, and licensor expressly disclaims any and all liability in connection with content. b. You may not, or assist other parties to: 1. Use the Application or any Content to disparage, threaten, harass, intimidate or abuse anyone or promote violence; 2. Post, distribute, or make available or transmit any Content containing obscenity, or pornography; 3. Post, distribute, or make available or transmit any viruses or other malicious software though the Application; 4. Make available any Content that infringes or violates the contractual, intellectual property, moral rights or other rights of any party; 5. Use the Application to send advertising, commercial communications, or spam, or for any other telemarketing purpose; or 6. Conduct or promote any illegal activity through the Application. You hereby acknowledge that inappropriate Content may be removed by Licensor at any time and may cause the suspension of your account.
Licensor's Use of Content
The Application is provided “AS-IS”. Licensor and its licensors expressly disclaim any warranties with respect to the Application and any Content available through the Application, including without limitation, any statutory or implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Licensor does not warrant that the Application will meet your requirements, that the operation of the Application will be continuous or error-free, that the Application will operate as intended or at all under all conditions, or that any defects in the Application will be corrected by licensor. The Application is not fault-tolerant and is not designed, manufactured or intended for use with high risk activities.
You shall defend, indemnify and hold Licensor, its affiliates, employees, officers, directors, contractors and agents harmless from and against any and all claims, losses, liabilities, costs and expenses directly or indirectly arising out of or connected with a. Your breach of any provision of this EULA, or any representation or warranty made by you herein; b. Your use of the Application and any Content made available by you; and c. Any third party allegations (even though such allegations may be false, fraudulent or groundless) regarding (a) or (b) above. Notwithstanding such obligations, Licensor may control any defense of such claims. If Licensor requires you to defend such claims, your choice of counsel must be reasonably satisfactory to Licensor. You shall not settle or compromise claims that impose any obligation on Licensor or admits any fault on the part of Licensor without its prior written consent. Licensor may participate in the defense of all claims with counsel of its own choice at its own expense. In the event of any third party claim that the Application or your possession of and use of the Application infringes that third party’s intellectual property rights, Licensor will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Licensor and you acknowledge that the Licensor is responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Limitation of Liability
In no event shall Licensor or its licensors be liable to you or any other entity for indirect, special, incidental or consequential damages (including, but not limited to, loss of profits, loss of data or loss of use damages) as a result of the Application or any Content, even if licensor has been advised of the possibility of such damages or losses. Licensor’s (and its licensors) liability for the Application, any Content, or under this EULA shall not exceed amounts actually paid by you to Licensor for the use of the Application. As such, if you have not made any payments to Licensor for the use of the Application, Licensor shall not have any liability to you.
Licensor may suspend or terminate your account or this EULA at any time and for any reason at Licensor’s sole discretion, including if (i) you violate its terms, including by displaying or transmitting infringing or illegal material; (ii) Licensor is unable to verify or authenticate any information you provide; (iii) such information becomes inaccurate; or (iv) Licensor decides in its sole discretion to cease offering the Application. Upon termination, you must immediately cease use of the Application. This entire EULA shall survive the termination or expiration of this EULA for any reason.
Licensor respects the intellectual property rights of others and expects its users to do the same. Licensor will remove all infringing Content if properly notified that it infringes third party copyrights, and may do so at its sole discretion, without prior notice to users at any time. Under the United States Digital Millennium Copyright Act of 1998 (the “DMCA”), it is Licensor’s policy to respond expeditiously to copyright owners who believe Content infringes their rights. Licensor reserves the right to remove any Content without prior notice to you, any other user, or any third party. If you believe that Content made available through the Application infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Notices and counter-notices may be sent to our copyright agent at email@example.com. It is Licensor’s policy that in appropriate circumstances the account of users who have committed multiple infringements shall be terminated.
Third Party Beneficiary
The Licensor and you agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon the your acceptance of the terms and conditions of this EULA, Apple will have the right, accepted by the Licensor, to enforce the EULA against you as a third party beneficiary thereof. Maintenance and Support: Only the Licensor is responsible for providing maintenance and support to the Application. Any support inquires should be addressed to firstname.lastname@example.org.
The Licensor - Time Flash, LLC - can be reached at email@example.com
This EULA shall be construed, interpreted and governed by the laws of New York State without regard to conflicts of law provisions thereof. This EULA constitutes the entire agreement between the parties hereto. Any amendment or modification of this EULA shall only be effective if it is in writing and signed by both parties hereto. If any part of this EULA is found invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted as necessary to give maximum effect to its provisions and the remainder of this EULA shall remain in effect. You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. You also agree to waive the right to litigate disputes in court before a jury. Licensor may assign or transfer any of its rights or obligations hereunder without your consent. You may not assign any of your obligations or rights hereunder.