These terms and conditions ("Agreement") sets forth the general terms and conditions of
your use of the "TimeLocket “mobile application ("Mobile Application" or "Service") and any
of its related products and services (collectively, "Services"). This Agreement is legally
binding between you ("User", "you" or "your") and TimeLocket ("TimeLocket", "we", "us" or
"our"). By accessing and using the Mobile Application and Services, you acknowledge that
you have read, understood, and agree to be bound by the terms of this Agreement. If you
are entering into this Agreement on behalf of a business or other legal entity, you represent
that you have the authority to bind such entity to this Agreement, in which case the terms
"User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do
not agree with the terms of this Agreement, you must not accept this Agreement and may
not access and use the Mobile Application and Services. You acknowledge that this
Agreement is a contract between you and TimeLocket, even though it is electronic and is not
physically signed by you, and it governs your use of the Mobile Application and Services.
Accounts and membership
You must be at least 18 years of age to use the Mobile Application and Services. By using
the Mobile Application and Services and by agreeing to this Agreement you warrant and
represent that you are at least 18 years of age. If you create an account in the Mobile
Application, you are responsible for maintaining the security of your account and you are
fully responsible for all activities that occur under the account and any other actions taken in
connection with it. We may, but have no obligation to, monitor and review new accounts
before you may sign in and start using the Services. Providing false contact information of
any kind may result in the termination of your account. You must immediately notify us of any
unauthorized uses of your account or any other breaches of security. We will not be liable for
any acts or omissions by you, including any damages of any kind incurred as a result of such
acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if
we determine that you have violated any provision of this Agreement or that your conduct or
content would tend to damage our reputation and goodwill. If we delete your account for the
foregoing reasons, you may not re-register for our Services. We may block your email
address and Internet protocol address to prevent further registration.
User content
We do not own any data, information or material (collectively, "Content") that you submit in
the Mobile Application in the course of using the Service. You shall have sole responsibility
for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual
property ownership or right to use of all submitted Content. We may monitor and review the
Content in the Mobile Application submitted or created using our Services by you. You grant
us permission to access, copy, distribute, store, transmit, reformat, display and perform the
Content of your user account solely as required for the purpose of providing the Services to
you. Without limiting any of those representations or warranties, we have the right, though
not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our
reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
You also grant us the license to use, reproduce, adapt, modify, publish or distribute the
Content created by you or stored in your user account for commercial, marketing or any
similar purpose.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and
billing terms in effect at the time a fee or charge is due and payable. Where Services are
offered on a free trial basis, payment may be required after the free trial period ends, and not
when you enter your billing details (which may be required prior to the commencement of the
free trial period). If, in our judgment, your purchase constitutes a high-risk transaction, we
will require you to provide us with a copy of your valid government-issued photo
identification, and possibly a copy of a recent bank statement for the credit or debit card
used for the purchase. We reserve the right to change products and product pricing at any
time. We also reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the
same credit card, and/or orders that use the same billing and/or shipping address. In the
event that we make a change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at the time the order
was made.
Accuracy of information
Occasionally there may be information in the Mobile Application that contains typographical
errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the
right to correct any errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Mobile Application or Services is inaccurate at any
time without prior notice (including after you have submitted your order). We undertake no
obligation to update, amend or clarify information in the Mobile Application including, without
limitation, pricing information, except as required by law. No specified update or refresh date
applied in the Mobile Application should be taken to indicate that all information in the Mobile
Application or Services has been modified or updated.
End User license Agreement
Every User must need to accept the End user license Agreement (EULA) in order to register
themselves on the application. We do not tolerate any objectionable content or abusive
users and users will be blocked from the application. User must accept the agreement
before signing up on the application. This agreement will be present in the form of Tick Mark
on the signup screen. Accepting the EULA means that any form of intolerable content will
not be accepted. User generated content must not be abusive. It includes posting images,
adding reviews, comments any any other form of content which might harm other user’s
sentiments. User can anytime report such form of content and admin will have the full rights
to directly deactivate that user’s account.
Backups
We perform regular backups of the Content and will do our best to ensure completeness and
accuracy of these backups. In the event of the hardware failure or data loss we will restore
backups automatically to minimize the impact and downtime.
Links to other resources
Although the Mobile Application and Services may link to other resources (such as websites,
mobile applications, etc.), we are not, directly or indirectly, implying any approval,
association, sponsorship, endorsement, or affiliation with any linked resource, unless
specifically stated herein. We are not responsible for examining or evaluating, and we do not
warrant the offerings of, any businesses or individuals or the content of their resources. We
do not assume any responsibility or liability for the actions, products, services, and content of
any other third parties. You should carefully review the legal statements and other conditions
of use of any resource which you access through a link in the Mobile Application and
Services. Your linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the
Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others
to perform or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit
false or misleading information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the functionality or
operation of the Mobile Application and Services, third party products and services, or the
Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or
immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile
Application and Services, third party products and services, or the Internet. We reserve the
right to terminate your use of the Mobile Application and Services for violating any of the
prohibited uses.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute,
common law or equity in or in relation to any copyright and related rights, trademarks,
designs, patents, inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property rights, in each case whether
registered or unregistered and including all applications and rights to apply for and be
granted, rights to claim priority from, such rights and all similar or equivalent rights or forms
of protection and any other results of intellectual activity which subsist or will subsist now or
in the future in any part of the world. This Agreement does not transfer to you any intellectual
property owned by TimeLocket or third parties, and all rights, titles, and interests in and to
such property will remain (as between the parties) solely withÂTimeLocket. All trademarks,
service marks, graphics and logos used in connection with the Mobile Application and
Services, are trademarks or registered trademarks of TimeLocket or its licensors. Other
trademarks, service marks, graphics and logos used in connection with the Mobile
Application and Services may be the trademarks of other third parties. Your use of the
Mobile Application and Services grants you no right or license to reproduce or otherwise use
any of TimeLocket or third party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event willTimeLocket, its affiliates,
directors, officers, employees, agents, suppliers or licensors be liable to any person for any
indirect, incidental, special, punitive, cover or consequential damages (including, without
limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on
business, business interruption, loss of anticipated savings, loss of business opportunity)
however caused, under any theory of liability, including, without limitation, contract, tort,
warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been
advised as to the possibility of such damages or could have foreseen such damages. To the
maximum extent permitted by applicable law, the aggregate liability of TimeLocket and its
affiliates, officers, employees, agents, suppliers and licensors relating to the services will be
limited to an amount greater of one dollar or any amounts actually paid in cash by you to
TimeLocket for the prior one month period prior to the first event or occurrence giving rise to
such liability. The limitations and exclusions also apply if this remedy does not fully
compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold TimeLocket and its affiliates, directors, officers, employees,
agents, suppliers and licensors harmless from and against any liabilities, losses, damages or
costs, including reasonable attorneys' fees, incurred in connection with or arising from any
third party allegations, claims, actions, disputes, or demands asserted against any of them
as a result of or relating to your Content, your use of the Mobile Application and Services or
any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be
applicable and binding only to the extent that they do not violate any applicable laws and are
intended to be limited to the extent necessary so that they will not render this Agreement
illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement
shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is
the intention of the parties that the remaining provisions or portions thereof shall constitute
their agreement with respect to the subject matter hereof, and all such remaining provisions
or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising
out of it shall be governed by the substantive and procedural laws of Texas, United States
without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws
of United States. The exclusive jurisdiction and venue for actions related to the subject
matter hereof shall be the courts located in Texas, United States, and you hereby submit to
the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any
proceeding arising out of or related to this Agreement. The United Nations Convention on
Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Mobile Application
and Services at any time, effective upon posting of an updated version of this Agreement in
the Mobile Application. When we do, we will revise the updated date at the bottom of this
page. Continued use of the Mobile Application and Services after any such changes shall
constitute your consent to such changes.
Subscription
TimeLocket is where your loved ones can share memories captured by camera or video and
attach their words and story. We want memories to be special and the best way is to hear
your loved ones tell the story. Memories are made great when shared with those you care for
most.
Price:
A free user can create only one locket with up to two contributors and one viewer.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and
conditions. By accessing and using the Mobile Application and Services you agree to be
bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you
are not authorized to access or use the Mobile Application and Services.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact
us concerning any matter relating to it, you may do so via the contact form or send an email
to jpowell@timelocket.net