Timebox Terms of Service
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING TIMEBOX.
Effective: October 2015
Timebox is a service designed to help you organize your photos and videos and related digital media. Pepper Networks, LLC (“Pepper,” “we,” “us,” or “our”) offers this website, including its content and site functionality; and related media and services that are or will become available through this website (collectively, the “Timebox Service” or the “Service”) to you, the user, subject to and conditioned on your acceptance of the terms and conditions of service set forth below together with our privacy policy, found at http://www.timeboxapp.com/terms-of-use.html (collectively, this “Agreement”).
By using the Timebox Service or clicking “I Agree” (if applicable), you agree that you have read, understand, and are bound by this Agreement. Pepper may, in its sole discretion, revise this Agreement from time to time by updating these terms and conditions or the privacy policy, with the new terms taking effect on the date of posting. You should review this Agreement every time you use the Timebox Service as this Agreement is a legal contract binding on you. IF YOU DO NOT INTEND TO ACCEPT THIS AGREEMENT, PLEASE DO NOT USE THIS SERVICE. Your ability to use certain features of, or related to, the Service may be conditioned on and subject to your acceptance of additional terms, conditions, or agreements (collectively, “Additional Terms”). If there is a conflict between the terms in this Agreement and any Additional Terms that we provide to you in connection with the Service, the Additional Terms that we provide will govern unless they expressly state otherwise.
Eligibility
You must be 18 years of age or older to become a user. By using the Timebox Service, you represent and warrant that you are at least 18 years of age. If we discover or have any reason to suspect that you are not at least 18 years of age or that you have knowingly provided false information to us, we reserve the right to suspend or terminate your use of the Service immediately and without notice.
Personal, Noncommercial, and Internal Use
You may use the Timebox Service for personal and noncommercial purposes. You may not exploit for any commercial purpose any aspect of the Timebox Service without prior written and signed authorization from Pepper. For example, without our express signed permission: you may not sell products purchased through this Service or any part of this Service in connection with any business plan or commercial enterprise, and you may not use the Service to advertise or perform any commercial solicitation or to promote any brand or product of any kind other than Timebox. In addition to the above and other restrictions described in this Agreement, your use of this Service may be further limited by Additional Terms.
Disclaimer of Warranties
THE SERVICE IS PROVIDED: (1) WITH ALL FAULTS AS IS AND AS AVAILABLE; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; REPAIRS; OR LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. PEPPER, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND ASSOCIATES MAKE NO WARRANTY AND HEREBY DISCLAIM, WHETHER EXPRESS, IMPLIED OR STATUTORY, ANY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, MERCHENTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITH THE SOLE EXCEPTION OF THE 14-DAY RETURN POLICY (AVAILABLE AT TIME OF PURCHASE FOR APPLICABLE PRODUCTS), THE ENTIRE RISK, IN CONNECTION WITH YOUR USE OF THE SERVICE, AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING, WITHOUT LIMITATION, THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
Limitation of Liability
IN NO EVENT WILL PEPPER, OUR AFFILIATES, LICENSORS, SUPPLIERS, OR ASSOCIATES BE LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PEPPER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS PROVIDED IN THE 14-DAY RETURN POLICY (AVAILABLE AT TIME OF PURCHASE FOR APPLICABLE PRODUCTS), PEPPER WILL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED FIVE U.S. DOLLARS ($5.00). Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and are limited to those expressly provided for in this Agreement.
Additional Limitations
You agree that Pepper is not responsible for the availability of or terms associated with any other products or services that you may need in order to fully enjoy the Timebox Service, such as internet access or computer hardware. You also agree that Pepper is under no obligation to provide support services for or upgrade the Timebox Service.
Assignment of Rights
Pepper retains the right to assign its rights, privileges, responsibilities, and obligations, as identified in this Agreement or in other documents, to a third party, in whole or in part, for administration, technical support, marketing, or any other purpose at any time without providing notice to you or other users through the Service or by any other means.
Indemnification
You agree to release, discharge, defend, indemnify and hold harmless Pepper, its parents, subsidiaries, officers, directors, employees and agents, assigns, sponsors and supporting artists, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, related to or arising out of your use in any way of the Service or related sites, including any User Content (defined below) that you provide and any violations of this Agreement for which you are responsible. Pepper will provide you with prompt notice of any such claim, suit or proceeding and reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Links
The Timebox Service may include hyperlinks to websites operated by third parties and permit you to use and purchase products, services (including payment processing), and content that is made available by third parties or through their websites, software or services. The inclusion of any hyperlink to a website does not imply endorsement by Pepper of that website; the link may be for your reference and convenience only. Pepper is not responsible for any of the activities of any third party provider in offering online or other services or for any conduct by any user in connection with third party services. Products, services, and content offered to you through hyperlinked websites are subject to the terms and conditions posted on those respective websites, and the data collection practices of hyperlinked websites will be governed by the respective privacy policies of those websites, not by ours. Following hyperlinks to any other off-site pages or other websites is at your own risk, and any claims you have with respect to products, services, or content accessed through linked websites are claims against third parties, not against Pepper.
Unless otherwise prohibited under this Agreement or Additional Terms that govern your use of the Service, you are hereby licensed to create hyperlinks to the content on the Timebox Service, provided that you do not inaccurately describe the content that appears on the Service. We reserve the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you “frame” the timeboxapp.com website or any of their content or copy portions of those websites to a server, except as part of an Internet service provider’s incidental caching of pages. Each page of these websites displayed must appear in full (including all trademarks and branding), without any accompanying frame, border, margin, design, branding, trademark or promotional materials not originally displayed on the page within the website.
You may be able to access features of the Timebox Service in connection with other websites and import information from other sources, including websites and files stored on a device or other hardware. By synching, importing, in any way using the Service to access other websites and their features, or in any way using other websites to access any aspect of the Service, you acknowledge and agree that Pepper may transmit information to other websites and that other websites may transmit information to Pepper. We will use information in accordance with this Agreement; other websites’ use of information is governed by their terms and policies. While Pepper endeavors to ensure that transmission of any information is secure, you acknowledge our liability for any error or harm is limited in accordance with this Agreement.
Copyrights
Pepper and its licensors retain full copyright ownership, rights and protection in all material contained on the Service (including all digital images, software, HTML code and other code, or business methods) with the exception of User Content (defined below). Except as otherwise expressly provided in this Agreement, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Service without the prior consent of Pepper or the copyright owner.
All content of the Service is Copyright 2012-2020 Pepper Networks and its licensors. All rights reserved.
Copyright infringement
If you are the owner of a United States copyright and you believe that your work has been copied on this website or in connection with the Timebox Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the following information:
(A) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(B) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(C) a description of where the material that you claim is infringing is located on the website or Service;
(D) your address, telephone number, and email address;
(E) 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
(F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Pepper Networks Copyright Agent
710 14th Ave. W.
Kirkland, WA 98033
or: Pepper Networks Trademark Agent
710 14th Ave. W.
Kirkland, WA 98033
By email: copyright@timeboxapp.com or trademark@timeboxapp.com
Prohibited Conduct
By using or accessing the Timebox Service, you represent, warrant and agree that you will not:
do anything that could disable, overburden or impair the proper working of the Service, including any interference with the servers or networks used to make the Service available or any violation of the requirements, procedures, policies, or regulations of such networks;
restrict or inhibit any person from rightfully using the Service;
transmit, post to, or make available through the Service any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
use any robot, spider, scraper or other automated means to access any aspect of the Service that could be targeted with such methods;
modify, adapt, translate, reverse engineer, decompile, or disassemble any aspect of the Service that could be targeted with such methods;
send spam or any other unauthorized advertisements or solicitations through or using the Service;
use an iFrame or offer web search functionality on the Service;
harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of the Service;
solicit private information (including social security numbers, credit card numbers and passwords) from users of the Service;
impersonate any person or entity, including any moderator or any of our representatives, falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Service, or stating or implying that we endorse any statement you make;
solicit or offer through the Service any services of a sexual nature or any products or services pertaining to the consumption of alcohol or other controlled substances;
transmit, post to, or make available through the Service any content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that Pepper may consider offensive;
transmit, post to, or make available through the Service any addresses, phone numbers or email addresses or other contact information or private information of any third party or any content that violates the law or anyone’s rights, including intellectual property rights or other proprietary rights (such as rights of publicity and privacy);
transmit, post to, or make available through the Service any false, misleading or fraudulent information;
intimidate, harass, or violate the rights of any user or other person;
otherwise do anything that is illegal, infringing, fraudulent, malicious or could expose Pepper or users of the Service to harm or liability; or
attempt, encourage or facilitate any of the above.
Your Account
In order to access and benefit from certain aspects of the Service, you may need to establish a user account (“Account”). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your Account, even where your username, password and other access information or codes are used by someone else.
You agree to immediately notify us of any unauthorized use of your Account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. Please note that anyone able to provide your personally identifiable information will be able access your Account, so you should take reasonable steps to protect this information.
In accordance with the other provisions of this Agreement, we have the right to use, process, and make available to our service providers user contact, billing, content or use records, and related information insofar as that information is provided to us.
Making User Content Available
“User Content” is any information, graphics, text, images, software, sound files, video, communications, data, metadata, photographs, videos, clips, audio, compilations, works in any form or medium, technology (whether now known or later developed) and other materials that are submitted, posted, transmitted, modified, synched, or otherwise made available to the Service by users of the Service, whether solicited or unsolicited, whether automatically generated or manually provided. You are responsible for all User Content that you submit, post, transmit, modify, sync, or otherwise make available to the Service and any User Content originating from your user Account. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit, post, transmit, modify, synch, or otherwise make available and that public posting and use of those User Content by us will not infringe or violate the rights of any third party in any manner.
Pepper does not claim ownership of User Content and will not sell User Content without your express consent. However, by submitting, transmitting, posting, uploading, modifying or otherwise making available any User Content in connection with the Service, whether solicited or unsolicited, whether automatically generated or manually provided, you grant to Pepper and its service providers a royalty-free, fully paid, non-exclusive, sublicensable, transferable, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, store, distribute, reproduce, re-arrange, modify, create derivative works from, and otherwise use any and all User Content for the purpose of administering this Service. In addition, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Pepper in User Content may be used by us free of charge to administer this Service.
In addition, you acknowledge that aspects of the Service may be “public,” and in addition to the license granted to us, your use of the Service may allow other users to have access to your User Content which they might copy, modify or distribute even without your express permission to engage in that conduct. Further, you agree to evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness or usefulness of such User Content.
Right to Remove Content or Block Access
Pepper or its designees, at Pepper’s discretion, without any obligation and without notice at any time, may screen, filter, restrict, block, move, refuse, disable access to, remove, or modify User Content that does not meet the prohibited conduct guidelines described in this Agreement or is otherwise objectionable. Pepper or its designees, at Pepper’s discretion without any obligation and without notice, may disable or suppress content from any Account where the chosen username is deemed to be offensive or inappropriate, or is a violation of trademark or copyright. Pepper may also block your access to the Service in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate information you provide to Pepper; (c) we believe that your actions may cause financial loss or legal liability for you, Timebox users or us; or (d) we believe that blocking access is a reasonable business practice in the circumstances.
We do not guarantee that any content or information you share or access will not be removed, damaged, corrupted, lost, or unavailable. We recommend that you back up any User Content that you store or access using the Timebox Service. You also agree that any information, content, and software that you download on a particular device or piece of hardware may not be available to you on other devices or hardware. If you purchase any content storage features through the Timebox Service, Pepper will use commercially reasonable efforts to ensure the content you store using those features remain available and uncorrupted, but we still cannot guarantee that removal, damage, corruption, loss or unavailability will never occur. Users who purchase back up storage are subject to all the terms of this Agreement, including the disclaimers above.
Third Party Content
Pepper may provide content of third parties (“Third Party Content”) as a service to those interested in this information. Pepper generally does not monitor, approve or have any control over any Third Party Content. Pepper does not guarantee, endorse or adopt the accuracy, completeness, legality, or innocuousness of any Third Party Content. Pepper is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.
Corporate Identification and Trademarks
All trademarks, service marks and trade names of Pepper, its partners and licensors (including without limitation: Pepper Networks, LLC; Timebox, the Timebox logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of Pepper or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Service, without Pepper’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.
Notices
Pepper may deliver notice to you under this Agreement by means of electronic mail, a general notice on this website or through another feature of the Service, or by written communication delivered by first class U.S. mail.
You may give notice to Pepper at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
Pepper Networks, LLC
710 14th Ave. W.
Kirkland, WA 98033
Attention: Legal Notice
Notice Regarding Independent Professional Advice
You are responsible for compliance with all applicable laws in connection with your access and use of the Service. Any information that is made available to you in connection with the Service should not be considered legal or financial advice. Pepper is not acting as your lawyer or financial advisor. Your conduct in connection with the Service, including any decisions you make regarding content or shipment of artifacts, may have implications under state and federal laws of the United States or laws of other jurisdictions, including export regulations. If you have questions about the legal and financial implications of your conduct, you should seek independent professional advice in light of your particular circumstances.
Termination; Limitations on Access to the Service
You may use the Service if and when it is available. Features may be unavailable or the experience may not be the same for every user at all times. Pepper does not guarantee availability of any aspect of the Service or any particular feature. A particular Service or feature may be a pre-release version and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release it. We reserve the right to change, remove, delete, restrict or block access to, or stop providing all or any part of the Service (including reducing available storage capacity) at any time without notice.
You agree that we may terminate your use of the Service if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of Pepper or any third party, or for any other reason with or without notice to you.
You agree that, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, we may modify or discontinue the Service, including modifying or removing any of the content contained in the Service; modifying or removing any feature of the Service; limiting the Service’s availability to any person, geographic area, or jurisdiction; charging, modifying or waiving any fees in connection with the Service; and/or offering opportunities to some or all users of the Service. You agree that we will not be liable to you or any third party as a result of such modification or discontinuation.
Payment terms related to the Service
We may charge fees for access or use of certain aspects of the Service and may also make available products, content, and services that you may choose to purchase. Prices stated exclude all taxes and third party charges (e.g., Internet access, data charges), unless stated otherwise. You are responsible for any taxes and for all other charges (e.g., third party charges). Pepper may begin charging for products, content, and services that it currently offers for free and may change prices at any time.
If you make a purchase or access or sign up for any paid feature of the Timebox Service, you authorize any third party that processes payments on our behalf to use the payment method you enter in connection with that third party service and subject to its terms. We may bill you: (a) in advance, (b) at the time of purchase or sign up; (c) shortly after purchase or sign-up; or (d) on a recurring basis for subscriptions. Any fees associated with access or use of features of the Timebox Service may be one-time or recurring. If you enroll in a fee-based feature of the Timebox Service, you agree that we or our desginees may automatically renew it and charge you for any renewal term if you do not un-enroll from that feature.
For any fee-based feature of the Service, you agree to provide accurate contact and billing information and to update it so that it remains accurate. If your billing information is not accurate or you change your payment method and our designees cannot process a payment, we may cancel the purchase or subscription and terminate your access to that feature of the Service. If you change your payment method or direct Pepper to cancel a service, your notice to Pepper will not affect charges Pepper submits before it reasonably could act on your request. Nothing in this Agreement prevents third party payment processors from retaining your credit card or other payment information to facilitate payment processing, including in connection with recurring charges and for future purchases. You acknowledge such retention and agree to it unless you specifically preclude such retention through the payment options available through the third party payment processor. If your Account is closed or suspended for any reason, we may charge you for any fees, costs, surcharges, or debts (if any) pending on your Account and may prohibit you from reinstating your Account or opening a new Account until they have been paid. Unless prohibited by applicable law, we may assess a late charge if you do not pay on time. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. Pepper may also suspend or cancel your subscription or order and your access to the Service if you fail to pay in full on time.
If you wish to cancel a feature of the Timebox Service and cancellation instructions are not provided at the time of registration or on the http://www.timeboxapp.com website, contact customerservice@timeboxapp.com for assistance. It may not be possible to cancel certain features of the Service separately from cancelling the entire Service. Some aspects of the Service may require you to pay cancellation charges as stated in the materials describing the offer. Your cancellation of the Service will not alter your obligation to pay any charges made through your Account. If you cancel your Account, you may lose immediately and permanently any coupons, vouchers, credits, or other items of value including User Content, which were stored in connection with your account.
If you do not agree to a price change for a feature or service associated with the Service, you must cancel that feature or service and stop using it. Your continued use of that feature or service after notice and the effective date of the price change will constitute your acceptance of the change and renewal of that feature or service for the next period. When you sign up for a paid feature or service of the Service, you agree that Pepper begins providing you that feature or service immediately (including by granting you the right to access and view content if applicable) and that you will not be entitled to a cancellation or “cooling off” period, unless applicable law requires a cooling off period despite your waiver and even when access to a feature starts right away.
General Provisions
This Agreement is governed by the internal substantive laws of the State of Washington, without regard to conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with Pepper or in any way relating to your use of the Service (“Legal Action”), resides in the courts of King County in the State of Washington. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of King County in the State of Washington in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Western District of Washington.
If a court of competent jurisdiction holds any term, covenant or restriction of this Agreement to be illegal, invalid or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect and will in no way be affected, impaired or invalidated.
The headings titles in this Agreement are provided solely for convenience and have no legal or contractual significance.
No waiver of any provision of this Agreement will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any other provision(s) or of the same provision on another occasion.
Pepper will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.