Last Updated: 2/1/17
These Terms of Service (“Term(s)”) apply to your access and use of Tim (the “Service(s)”). "Service(s)" refer(s) to your use of Tim for any purpose whatsoever. The Tim application and website are owned and operated by Ausus LLC. All Terms enforce by Tim i.e. the Tim application and website are enforced and upheld by Ausus LLC. Please read these terms of service carefully. Your use of Tim or any services provided through Tim is subject to these Terms.
These Terms are a contract and sets out the legal terms between you (either an individual or legal entity) and Ausus LLC ("Tim" or "we" or "us" or the "Site"). This document outlines how you are permitted to use this Service. It is your responsibility to ensure that you are legally permitted to enter into this binding contract and adhere to all applicable legal restrictions in your jurisdiction. You cannot accept these Terms for the following reasons: (a) you are not lawfully entitled to use the Services under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with the Tim application. If you access or use the Service, it means you have reached the legal age in the country you are located or resident or have permission from your parent or legal guardian to enter into a binding agreement and agree to be bound by all of the Terms below. So, before you use the Service, please read all of the Terms. If you don't agree to all of the Terms below, please do not use the Service. Also, if a Term does not make sense to you, please let us know by e-mailing firstname.lastname@example.org.
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason. Whenever we make changes to these Terms, the changes are effective immediately after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check Tim for changes to these Terms. If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service. If you discover or suspect any Service security breaches, please let us know as soon as possible.
Tim respects your rights and does not wish (but have such right) to censor any text and other content (collectively speaking "Content"\"Materials") you may use or create in connection with the Services. We will not display your last name or share your email address without your permission. Tim has established the rules set forth in these Terms with respect to Content and Conduct. Please note that these rules do not create any third party rights or create any private right of action, but may be enforced solely by Tim in its sole discretion. Tim holds the right to review any Content. The decision by Tim does not take action to enforce these rules in a particular instance will not be considered a waiver of any right to do so in the future or in other situations. By using the Tim website and application and/or the Services, you acknowledge and agree that: All Content that you have transmitted through the Tim website and application, is your sole responsibility. Under no circumstances will Tim be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content, emailed or otherwise made available via the Tim website and application and/or the Service. If you post, share, or publish any content to the Tim application and website and/or Service, you grant Tim and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content in connection with: providing and promoting the Services; and/or exercising the rights granted in these Terms, unless we indicate otherwise.
You may not upload, publish, post, share, distribute, disseminate, and/or otherwise make available on or through the Service any of the following:
Also, you agree that you will not do any of the following in connection with the Service or other users:
Your use of the Services and all Content you upload, publish, post, share, message, distribute, disseminate, and/or otherwise make available on or through the Service is in agreement with the rules set forth in these Terms and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.
We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, discussions, topics, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright laws. We may only grant you the right to use it with consent from us. Unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.
In no way will Ausus LLC, including but not limited to any individual and subsidiary deemed affiliated with Ausus LLC by Ausus LLC will be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, exemplary or consequential damages of any kind arising out of the use of the service, failures of the service, or any information shared or stored on the service, even if advised of the possibility of such damage except where proscribed by law. In any jurisdictions where the limitation of liability cannot be excluded, our liability shall be limited to the maximum extent permitted under applicable law.
By agreeing to the Terms of Service, you agree to indemnify, defend and hold harmless Ausus LLC including but not limited to any individual and subsidiary deemed affiliated with Ausus LLC by Ausus LLC from and against any and all claims and/or demands (including reasonable attorneys’ fees) made by any third-party due to or arising out of your: (a) breach of This Agreement and any documents referenced by This Agreement, (b) violation of any laws or rules, (c) violation of the rights of another (including, but not limited to, IP, privacy, or property rights), (d) use of the service, and/or (e) content you transmit or store on the service.
In the event one or more of the clauses of these Terms should, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or non-enforceability shall not affect any other clauses of these Terms and these Terms shall be construed as if such invalid, illegal or non-enforceable clause had never been contained herein.
You agree that we assume no responsibility for any damages that occur due to any mistakes, and we reserve the right to fix any mistakes as we see fit. These mistakes include but not limited to (1) typographical errors, incorrect information, or omissions, or (2) security of the service or your data.
You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent. Ausus LLC makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern. If there is any content on the Service from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL AUSUS LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO AUSUS LLC. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
Please understand that Tim takes all intellectual property rights and claims seriously. Therefore, if you become aware of any content on these Services that infringe on copyrights that you own or control, you may file a notice of infringement, in compliance with the requirements of 17 U.S.C § 512(c)(3) to email@example.com. Furthermore, in agreement with the Digital Millennium Copyright Act ("DMCA") and other laws that may apply to copyright, Tim adopted a policy of terminating access to the service for users who are considered repeat infringers at our sole discretion and in circumstances that apply. Tim acknowledges that we may use but do not own original work and content. We also acknowledge, the creator of that work and or content as the original author. We will take down our use of the work and or content if notified to do so.
Tim respects the intellectual property rights and original work of others. Therefore, we also expect its users to do the same. Furthermore, in accordance with the Digital Millennium Copyright Act of 1998 (for your convenience, the document of which can be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf) Tim will respond to claims of copyright infringement using the Tim service and/or the Tim website (the “Site”) only if these claims are reported to a proper representative at Tim.
If you are a copyright owner, please report the supposed copyright infringements on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Tim’s Designated Copyright Agent. Upon receipt of Notice as described below, Tim will take whatever action, in its sole discretion, including removal of the questioning content from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
4646 McKinney Ave
Dallas, TX 75205
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the State of Texas, without regard to conflicts of law principles.
You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the State of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas located in Dallas, Texas in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.
We hold the right to terminate your access to or the use of the Service at anytime we see fit, including but not limited to if you breach any of these Terms and Policies. You can terminate the Terms and Service, by deleting your account and removing yourself from the Tim application and no longer accessing the Tim website.
These Terms constitute the entire agreement between you and Ausus LLC regarding the use of the Service, superseding any prior agreements between you and Ausus LLC relating to your use of the Service.
Please let us know what you think of the Service, these Terms and, in general, Tim. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Tim, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.
Questions or comments about the Service may be directed to us at the email address firstname.lastname@example.org..