Terms and Conditions

Terms and Conditions

The Time Tribe, LLC

Updated: December 5, 2013

Terms of Use Agreement

The Time Tribe, LLC (“THE TIME TRIBE“) provides services available from the www.thetimetribe.com domain, affiliated domains and sub-domains (collectively, the “Site“) pursuant to the terms and conditions of this Terms of Use Agreement (“Agreement“). THE TIME TRIBE and any and all entities that control, are controlled by, or are affiliated or under common control with, THE TIME TRIBE are collectively referred to herein as “we,” “us” or “our”. The services offered by THE TIME TRIBE include the web-hosted services, the Site, and any other features, content, or, applications that we may offer from time to time in connection with Site, either directly, or through our suppliers (collectively, the “Services“).

PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE AND THE OTHER SERVICES. 

This Agreement, together with THE TIME TRIBE Privacy Policy and any other terms applicable to the Services, all of which are hereby incorporated by reference, set forth the legally binding terms for your use of the Services. By accessing and using the Services through the Site including the posting of Data (defined below), you agree to comply with and be bound by this Agreement. If you do not agree with all provisions of this Agreement, you are not authorized to use the Services. If you sign up for additional services that are governed by additional terms and conditions, we will inform you accordingly when you sign up for such additional services. Any additional services will be governed by the additional terms and conditions for such services and, unless otherwise provided by such additional terms and conditions, they are hereby incorporated into this Agreement by reference. “Data” means, any and all data including information such as postings, messages, names and other information about others, opinions, text, files, links, images, photos, video, sounds, notes, works of authorship, software, feedback, or other materials that is uploaded, provided or otherwise transferred to the Services (“posted“).

1. Your Account

1.1 Time Tribe Account. Some services on the Site permit or require you to create an account to participate or to secure additional benefits, including Membership (an “Account”). You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data“). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You shall not provide false details. THE TIME TRIBE does not recognize the transfer of Accounts. You acknowledge that you may not sublicense, transfer, sell, or assign Your Account. Any attempt to sublicense, transfer, auction, sell or assign the Account is void, and such attempts will result in immediate termination of Account.

You also agree to promptly notify us at privacy@thetimetribe.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your Account at the end of each session.

Subject to applicable law, we may suspend or terminate your Account and your ability to use the Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service, for infringing copyright, or for any reason whatsoever, including those set forth below.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE TIME TRIBE PLATFORM OR SERVERS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE TIME TRIBE.

1.5 Termination. You may delete your Account and end your use of the Services at any time and for any or no reason.

THE TIME TRIBE may terminate your Account:

Immediately and without notice

if you are in breach of this Agreement, or

if we are unable to verify or authenticate any Account-related information you have provided, or

if we believe that your use of the Services may cause liability for you, other users, or for us; or

if THE TIME TRIBE decides in its sole discretion to stop providing the applicable Service.

Upon notice, for any or no reason, by sending an e-mail to Your e-mail address as specified in your Account.

1.6 Backup of Data. THE TIME TRIBE is not obligated under this Agreement to backup any Data that is posted on the Services and you are solely responsible for creating backup copies of any Data you post or store on the Services at your sole cost and expense. When your Account is terminated and your membership ends, you will no longer have access to any Data that you have posted and we may delete such Data without prior notification.

2. Proprietary Rights

We do not claim ownership in any Data but to be able to legally provide you and other users with the Services, we have to have certain rights to store Data you post in connection with the Services for you and to make it available to other users that belong to your Account.

2.1 Your Data. By posting any Data to the Services, you hereby grant us a non-exclusive, fully-paid and royalty-free license to make such Data available through the Service to every authorized user that belongs to your Time Tribe Account and to collect, store, use, and disclose such Data as described in THE TIME TRIBE Privacy Policy.

2.2 Data – Ownership and Restrictions. You acknowledge that all the intellectual property rights in the Data (other than the Data you provide) are owned by the user who posted such Data, or a third party. Any rights you have in the Data of others must be agreed upon by you and the owner of such Data. In addition, except for Data owned by you, that is in the public domain, or for which you have been given permission by the respective owner, you agree not to use, reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, disclose to any third party, or create derivative works based on the Data.

2.3 Services – Ownership and Restrictions. Subject to the terms and conditions of this Agreement, THE TIME TRIBE grants you:

A limited license to reproduce portions of the Site for the sole purpose of reviewing the content of the Site as a current or potential user of the Services; and

A limited license to use the Services for internal purposes only as set forth herein, if you are a user.

Except as expressly permitted under the Agreement, you agree not to (i) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Services; (ii) decompile or reverse engineer Services or any part thereof; or (iii) rent, lease, loan, or sell access to the Services. You acknowledge that all the intellectual property rights in the Services are owned by THE TIME TRIBE, or THE TIME TRIBE’s licensors. You agree to use no automated means, including spiders, robots, offline readers, crawlers, data mining tools, or the like to download or store data from the Site. Exception is made for publicly available Internet search engines (e.g., Google, Bing) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Service but not for any archive that hosts, promotes, or links primarily to infringing or unauthorized content.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

2.4       All material on the Site, including, without limitation, all informational text, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by THE TIME TRIBE or other parties that have licensed their material to THE TIME TRIBE, and are protected by copyright, trademark, and other intellectual property laws. Trademarks, logos, images, audio, and service marks displayed on the Site are the property of either THE TIME TRIBE or other third parties. you agree not to display or use such property without THE TIME TRIBE prior written permission.

2.3       The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of THE TIME TRIBE. Any modification of the Materials, use of the Materials on any website or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, without the prior consent of THE TIME TRIBE, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.

2.3       If you have accessed the Site, THE TIME TRIBE grants to you a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Services (the “Content”) solely for your own personal use. All rights not expressly granted herein by THE TIME TRIBE to you are reserved by THE TIME TRIBE and/or its licensors. YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF USE SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS OR OTHER PROPRIETARY RIGHTS IN THE SITE OR CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY NOR TO AUTHORIZE YOU TO CREATE DERIVATIVE WORKS BASED ON THE CONTENT.

2.3       THE TIME TRIBE alone shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, remarks, innovations, graphics, materials, data, concepts, recommendations, comments, posting, or other information or communications provided by you relating to the Site and/or the Services (“Submissions”), and you agree to and hereby assign such Submissions to THE TIME TRIBE free of charge. THE TIME TRIBE may use or not use such Submissions as it deems appropriate in its sole discretion. For any Submissions that cannot be legally assigned to THE TIME TRIBE, you hereby grant THE TIME TRIBE an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Submissions for any and all commercial or non-commercial purposes, and you agree that THE TIME TRIBE is free to use any ideas, concepts, know-how or techniques that you send THE TIME TRIBE for any purpose whatsoever, with no compensation to you. you also hereby waive any “moral rights” associated with the Submissions.

3. Acceptable Use and Conduct

You are solely responsible for any and all Data that is posted by or through your Account on the Services, and for your interactions with any other user.

3.1 Breach. Any use of the Services in violation of this Terms of Use Agreement may result in, among other things, termination or suspension of your rights to use the Services and enforcement actions against you.

3.2 Enforcement by Us. We reserve the right (but have no obligation) to review any Data posted on the Services and to remove such Data if we believe in our sole discretion that it is inappropriate, and to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, terminating your membership, notifying law enforcement authorities, and taking legal action against you, including the seeking of monetary damages.

3.3 Non-Commercial Use. The Services are for the personal use only and may not be used to promote any commercial endeavors or to provide any professional services to any third party. You will not engage in advertising to, or solicitation of, any user to buy or sell any products or services through the Services of THE TIME TRIBE commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Data without notice and may result in suspension or termination of your Account and enforcement actions.

3.4 No Disruption. You will not:

Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;

Cover or obscure any banners on any THE TIME TRIBE page via HTML/CSS, scripting, or any other means;

Without THE TIME TRIBE’s express written permission, introduce software or automated agents to the Services so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services; or

Interfere with, disrupt, or modify any data or equipment to manipulate or bypass any security measures deployed by THE TIME TRIBE

3.5 THE TIME TRIBE is not a Babysitter. Please note that while THE TIME TRIBE provides a means to teach and entertain children by offering the Services, THE TIME TRIBE is not a babysitter and the Services are not child care services. Parents and guardians are fully responsible for managing Accounts of their children (including financial accounts you set up using the Services). THE TIME TRIBE does not provide any child development advice, including educational advice.

3.6 Miscellaneous. You will not attempt to impersonate another person including without limitation a user, or any of our personnel. You will use the Services in a manner consistent with any and all applicable laws and regulations.

4. SALES POLICIES

4.1 Store. Users of the Site who have an Account and who are an adult (18 years or older)  may purchase THE TIME TRIBE products and services, such as membership, subscriptions, episode purchase, virtual currency or other goods, tangible or virtual, on the Site or via other online purchase mechanisms as THE TIME TRIBE may offer (the “Store”). Items offered through the Store are for personal use only. We reserve the right to cancel orders that appear to be for commercial or retail use. In the event your order is canceled, we will attempt to notify you using the e-mail address you provided with your order and/or associated with your Account. You hereby agree to receive all notices and records from THE TIME TRIBE in electronic form, and you acknowledge that you will only be entitled to receive notices or records from THE TIME TRIBE in paper form by contacting us directly and making such request. THE TIME TRIBE’s ecommerce systems use secure socket layer encryption technology when you transmit payment information (e.g. your credit card number) to us. Please be advised that download speeds may vary greatly depending on factors such as your Internet connection and the traffic to our Servers at any particular time.

4.2  Pre-Purchase. From time to time, THE TIME TRIBE may sell digital versions of certain products or services through the Store prior to their actual commercial release date. The purchase of such Service, products and services are subject to the terms of each such offer as detailed in the applicable product description on the Store. If you purchase a digital product or service through the Store (such as a game or membership), you will (i) receive an e-mail verification of receipt of your purchase; (ii) be granted any related entitlements on your Account (such as bonus items, beta or early access, virtual currency and/or a game); and (iii) be entitled to access such product or service upon its commercial release.

4.3  Purchases. If you have elected to purchase any product, service (including any membership, subscription or episode) and/or Virtual Property through the Store, upon your acceptance of these terms and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees or charges, plus any applicable taxes we are required to collect, and you authorize us to do so. You agree to pay all fees incurred by you or anyone using an Account registered to you. You agree to notify THE TIME TRIBE promptly of any changes to your credit or debit card account number, its expiration date and/or your billing address, and you agree to notify THE TIME TRIBE promptly if your credit card expires or is canceled for any reason. Users shall comply with any applicable currency exchange control requirements.  If you elect to redeem any promotional code in exchange for any products and/or services, you acknowledge that the applicable promotional code will then be permanently consumed and converted into the purchased product(s) and/or service(s). Unless otherwise specified, the cash value posted on the Store for any product or service being offered for redemption is inclusive of applicable sales taxes.

THE TIME TRIBE MAY REVISE THE PRICING FOR THE GOODS AND SERVICES OFFERED, INCLUDING WITHOUT LIMITATION, MEMBERSHIPS, SUBSCRIPTION PLANS AND/OR VIRTUAL PROPERTY, AT ANY TIME.

4.4  Payments; Recurring Fees. If you elect to purchase or subscribe to products and/or services, you warrant that (i) you are the age of majority in your jurisdiction, or, if you are a minor, you have your parent’s permission, (ii) your use of the particular credit card or other accepted method of payment is authorized, (iii) all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and (iv) that payments will be processed automatically (e.g. charged to your credit card or debited from your account), unless and until you affirmatively cancel the subscription and/or your Account in accordance with its applicable terms. If we are unable to process your credit card or debit your account at a renewal period, your subscription/membership may be terminated immediately and your access to the applicable product or service shall be limited to the use of “free of charge” functions, if any. The credit card, or other form of payment is made typically through the respective authorized service provider, whereby the withdrawal can be made a few days in advance to guarantee continuous usability. In individual cases, general terms and conditions included by the authorized service provider may be applicable. In the event you cancel your subscription service or membership, THE TIME TRIBE will not refund any fees already paid or owed by you. Payment options vary according to the online game, participant country and the market availability of technically feasible payment options. THE TIME TRIBE reserves the right to amend its payment options. Some services offered on or through the Site or the Services, such as a premium membership, may be offered to you on a recurring fee basis, such as monthly or annually. If you have purchased a subscription-based product or service, each time your subscription comes up for renewal, we have the right to charge your credit card or debit your account the then-current renewal rate plus any applicable taxes we are required to collect, and you authorize us to do so.

4.5  Privacy. Our information practices, including how we collect, use and disclose personal information are set forth in the Privacy Policy located at the following link: http://blog.thetimetribe.com/privacy-policy/

4.7  Refund Policy. ALL SUBSCRIPTION/MEMBERSHIP/EPISODE PURCHASE FEES AND FEES ASSOCIATED WITH VIRTUAL PROPERTY, IF ANY, ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU AGREE THAT THE TIME TRIBE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR PRE-PAID MEMBERSHIPS, PRODUCTS AND SERVICES AND/OR VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY. Additionally, as products or services that are downloadable are deemed used promptly upon completion of your purchase, no refunds will be made for such purchases. Unless otherwise required by law or permitted by this Agreement, downloaded products, account keys purchased to activate or unlock downloaded software and Virtual Property are not refundable or redeemable for any sum of money or monetary value from THE TIME TRIBE at any time. See Virtual Property, below.

5. VIRTUAL PROPERTY

YOU ACKNOWLEDGE THAT THE VIRTUAL CURRENCY AND/OR VIRTUAL GOODS YOU ACQUIRE HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR MONEY, GOODS, OR OTHER ITEMS OF MONETARY VALUE. The Services may include a virtual, game-world currency (“Virtual Currency“) including, but not limited to gilders or ingots, which may be purchased from THE TIME TRIBE for “real world” money by an adult over the age of 18. The Services may also include virtual, game-world digital items (“Virtual Goods“) that may be purchased from THE TIME TRIBE for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods (“Virtual Property”) may never be redeemed for “real world” money, goods or other items of monetary value from THE TIME TRIBE or any other party. Virtual Currency and Virtual Goods have no cash value. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Services, you have no ownership or property right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services. Transfers of Virtual Currency and Virtual Goods are strictly prohibited except where explicitly authorized within the Services. Regardless of how acquired, Virtual Property items do not accrue interest and are not insured by the Federal Deposit Insurance Corporation (FDIC).

You acknowledge that THE TIME TRIBE has been, is, and will be constantly making changes to its Services. You further acknowledge that THE TIME TRIBE can and will, in its absolute discretion, modify features, functions or abilities of any element of any of its Services or Virtual Property (which may, among other things, make the Virtual Property substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). THE TIME TRIBE has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and THE TIME TRIBE shall have no liability to you or anyone for the exercise of such rights. You agree that all sales of Virtual Currency and Virtual Goods are final. Purchases of Virtual Currency and/or Virtual Goods are non-refundable, unless otherwise required by law, except in our sole and absolute discretion. As THE TIME TRIBE deems necessary, in its sole and absolute discretion, THE TIME TRIBE may limit the total amount of Virtual Currency and/or Virtual Goods that may be purchased at any one time, and/or limit the aggregate amount of Virtual Currency and/or Virtual Goods that may be held in your Account. All Virtual Currencies and Virtual Goods are forfeited if your account is terminated or suspended for any reason, in THE TIME TRIBE’s sole and absolute discretion, or if THE TIME TRIBE discontinues providing the Services.

You are responsible for notifying THE TIME TRIBE immediately if you believe that a mistake has been made with respect to your Virtual Currency and/or Virtual Goods. THE TIME TRIBE, in its sole discretion, may require additional information and/or documentation to verify your claim, and once THE TIME TRIBE has the information that THE TIME TRIBE deems necessary to verify your claim, THE TIME TRIBE may take action to freeze your Virtual Currency and/or Virtual Goods and, if frozen, may unfreeze such Virtual Currency and/or Virtual Goods once THE TIME TRIBE has returned control of your Virtual Currency and/or Virtual Goods to you. Regardless of any actions THE TIME TRIBE may take on your behalf, you acknowledge and agree that THE TIME TRIBE has sole and absolute discretion in determining whether or not your claim is valid and, if so, the appropriate remedy.

THE TIME TRIBE reserves the right to reduce, liquidate, deactivate, suspend or terminate your Virtual Currency and/or Virtual Goods if THE TIME TRIBE determines in its sole discretion, after investigation, that you have misused such Virtual Currency and/or Virtual Goods to conduct any fraudulent or illegal activity.

If you leave a balance of Virtual Currency unused for a period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if your account is closed, whether voluntarily or involuntarily, we may process your Virtual Currency balance in accordance with our legal obligations, including by submitting funds associated with your Virtual Currency balance to the appropriate governing body where required by law.

6. Third-Party Websites

The Services might contain links to third-party websites (“Third-Party Websites“) which may be placed by us as a service to those interested in this information; or posted by other users. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites, or websites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

6. Disclaimers

SUBJECT TO APPLICABLE LAW, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE TIME TRIBE SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE IS PROVIDED “AS IS” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

7. Limitation on Liability

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND THE LIABILITY OF OUR SUPPLIERS TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY US DOLLARS ($50) AND THE AMOUNTS YOU PAID TO US IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR (OR THE MINIMUM APPLICABLE STATUTORY PERIOD, IF LONGER) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

8. Release

You hereby release us, our officers, employees, agents, suppliers, and successors and assigns from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from:

Any interactions with other users,

Any incorrect or inaccurate Data (including any information in Accounts) posted on the Services, whether caused by you or other users or by any of the equipment or programming associated with or utilized in the Services, or

Conduct of any other user of the Services.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

9. General

9.1 Amendments. We may amend this Agreement from time to time. It is Your responsibility to periodically check back for any changes. Your continued use of the Services after any changes shall constitute your acceptance of the amended Agreement.

9.2 Force Majeure. Any delay in the performance of any duties or obligations of either party and their suppliers (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.

9.3 Survival. The provisions under Sections 1.6, 2, 3, 4, 5, 6, 7, 8, and 9 will survive termination of this Agreement for any reason.

9.4 Indemnity. You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, suppliers, licensee and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement. THE TIME TRIBE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with THE TIME TRIBE.

9.5 U.S. Export Controls. No software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using any software, you represent and warrant that such download or use is not in violation of any such law. Supply of goods, services and software through THE TIME TRIBE Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through THE TIME TRIBE Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through THE TIME TRIBE Sites if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the United States of America Treasury Department’s Specially Designated Nationals List or the United States of America Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

9.6 Governing Law and Arbitration. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, United States of America without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The Convention for the International Sale of Goods shall not apply. You agree to submit to the personal jurisdiction of the state courts and federal courts located within Massachusetts for the purpose of litigating all such claims or disputes. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in the Commonwealth of Massachusetts, pursuant to the rules of the American Arbitration Association. The arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rate of interest, to the successful party. Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-United States company, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here. If THE TIME TRIBE is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse THE TIME TRIBE for its respective legal fees, costs, and disbursements if THE TIME TRIBE is successful. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

9.7 Other. This Agreement is accepted upon your use of the Services, by registering or using an Account, and/or becoming a user. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Should any of the above be unenforceable, the other paragraphs will remain in full force and effect. Please contact us with any questions regarding this Agreement. All notices to THE TIME TRIBE intended to have a legal effect must be delivered in writing to: The Time Tribe LLC, PO Box 2707, Duxbury MA, 02331.

9.8 Copyright/Trademark Information. Copyright © 2013. The Time Tribe, LLC. All rights reserved. The trademarks, service marks, logos, graphics and sound (“Marks“) on the Site and in the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party.