TERMS OF USE

November 2013

Please read these Terms of Use carefully. By downloading, accessing or using the mobile application, website or other products or services you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms.

We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Time Appsule account.

1. LICENSE

1.1. Governing Agreement

The terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between you and Time Appsule Ltd (hereinafter “Time Appsule” or “Us” or “We”) regarding your use of Time Appsule’s related services, which include applications for mobile devices and Time Appsule branded websites (the “Service”).

1.2. Privacy Policy

Use of the Service is also governed by Time Appsule’s Privacy Policy, which is incorporated herein by reference. Your privacy is important to Us. We designed Time Appsule’s Privacy Policy to make important disclosures about how we collect and use your content and information and how you can use the Service to share such information with others. We encourage you to read the Time Appsule Privacy Policy carefully and use it to make informed decisions.

By creating an account or accessing or using the Service you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in Time Appsule’s Privacy Policy. Please review these terms carefully before installation and/or acceptance.

1.3. Updates to the Terms of Service and Time Appsule Privacy Policy

Time Appsule reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on or within the Service. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. Time Appsule may also revise other policies, codes or rules at any time, and the new versions will be available at www.timeappsule.com or in the Service. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which Time Appsule had actual notice before the date of the amendment.

This agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.

If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Time Appsule Privacy Policy, or any other Time Appsule policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.

To the extent the Terms of Service or Time Appsule Privacy Policy conflict with any other Time Appsule terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Time Appsule Privacy Policy shall govern.

1.4. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service Time Appsule grants you a non-exclusive, non-transferable, revocable limited license to access and use the Service using a mobile device solely for your own non-commercial purposes. You agree not to use the Service for any other purpose.

1.5. Accessing the Service

By accessing or using the Service, including browsing any Time Appsule website and purchasing Time Appsules, you accept and agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”), have a valid account on the social networking service (“SNS”) through which you connect to the Service, if any, or have an account with the applications provider for your mobile device.

You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.

1.6. Use of the Service

The following restrictions apply to the use of the Service:

a. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account.

b. You shall use your Account only for non-commercial purposes;

c. You shall not use your Account to engage in any illegal conduct;

d. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Time Appsule’s written permission;

e. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

f. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.

1.7. AVAILABILITY

This Application is available to handheld mobile devices running Apple iOS Operating Systems. Time Appsule will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Time Appsule’s reasonable control. Time Appsule does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable. Time Appsule will not be responsible for any support or maintenance for the Application.

1.8 SYSTEM REQUIREMENT

In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’). The Software Requirements are as follows: Apple iOS devices, Language: English. The version of the Application software may be upgraded from time to time to add support for new functions and services.

1.9. Account Information

When creating or updating an Account on the Service, you may be required to provide Time Appsule with certain personal information, which may include your name and e-mail address. This information will be held and used in accordance with Time Appsule’s Privacy Policy and relevant “just-in-time” notices, if any, provided at the point of information collection or use. You agree that you will supply accurate and complete information to Time Appsule, and that you will update that information promptly after it changes.

1.10. Username and Password

During the Account creation process, you will be required to select a password (“Login Information”). The following rules govern the security of your Login Information:

a. You shall not share the Account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your Account;

b. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Time Appsule and modify your Login Information;

c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and

d. You are responsible for anything that happens through your Account.

Time Appsule reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.

1.11. License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY TIME APPSULE IS A VIOLATION OF TIME APPSULE POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

You agree that you will not, under any circumstances:

a. Engage in any act that Time Appsule deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our rules or policies;

b. Make improper use of Time Appsule’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or

c. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;

HACKING – You agree that you will not, under any circumstances:

f. Without Time Appsule’s express written consent, modify or cause to be modified any files that are a part of the Service;

g. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or

h. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Time Appsule, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;

OFFENSIVE OR INFRINGING CONTENT – You agree that you will not, under any circumstances:

i. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

j. Post any information that contains excessive violence, or offensive subject matter or that contains a link to such content;

k. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Time Appsule employees, including Time Appsule’s customer service representatives; or

l. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Time Appsule employee;

COMMERCIAL ACTIVITY – You agree that you will not, under any circumstances:

m. Without Time Appsule’s express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale;

n. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;

UNAUTHORIZED USE OR CONNECTION TO THE SERVICE – You agree that you will not, under any circumstances:

o. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;

p. Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Time Appsule elements, or environment. Time Appsule may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

q Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;

r. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

s. Bypass any robot exclusion headers or other measures We employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;

t. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Time Appsule;

u. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Time Appsule; or

v. Copy, modify or distribute rights or content from any Time Appsule site, or Time Appsule’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;

COLLECTION AND PUBLICATION OF PERSONAL INFORMATION – You agree that you will not, under any circumstances:

w. Solicit or attempt to solicit personal information from other users of the Service;

x. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or

y. upload or transmit or attempt to upload or transmit, without Time Appsule’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

1.12. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, TIME APPSULE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR TIME APPSULE SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND TIME APPSULE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Time Appsule reserves the right to stop offering and/or supporting the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Time Appsule shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.

Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

You may cancel any Account registered to you at any time by deleting the app from your device.

1.13. Ownership

1.13.1. Service

The Service (including without limitation any titles, computer code, themes, objects, designs, dialogue, catch phrases, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, moral rights and documentation,) are copyrighted works owned by Time Appsule Ltd. Time Appsule reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.

1.13.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF TIME APPSULE. WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

1.13.3. User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Time Appsule or the Service, or that other users upload or transmit, including without limitation any text.

By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Time Appsule in accordance with its Privacy Policy.

2. USER CONTENT

2.1. Content Screening

You are entirely responsible for all User Content you post or otherwise transmit via the Service. Time Appsule assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.

We have no obligation to monitor User Content. If We choose at any time, in our sole discretion, to monitor the Service, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and We may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.

2.2. Information Use by Other Members of the Service

2.2.1. Public Discourse & Unsolicited Ideas

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Time Appsule cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Time Appsule shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Service you understand and agree that Time Appsule (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.

TIME APPSULE IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.

2.2.2. Responsible For Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.

Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Time Appsule assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please contact us on info@timeappsule.com

Time Appsule may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Time Appsule may violate these Terms of Service.

Time Appsule reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.

2.3. Disclosure

Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Time Appsule, including to enforce our Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.

2.4. User Interactions

2.4.1 Member Disputes

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Time Appsule reserves the right, but has no obligation, to become involved in any way with these disputes.

2.4.2 Release

If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.

3. FEES AND PURCHASE TERMS

3.1. Purchases

You may purchase a subscription to use the services.

3.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Time Appsule may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT TIME APPSULE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR AN UNUSED SUBSCRIPTION WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

4. THIRD PARTY ADVERTISING

4.1. Third Party Advertisements

You understand that the Service and Time Appsule may feature advertisements from Time Appsule or third parties. Time Appsule’s disclosure of information for third party advertising is addressed in Time Appsule’s Privacy Policy.

4.2. Links to Third Party Sites and Dealings With Advertisers

Time Appsule may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Time Appsule makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Time Appsule and may collect data or solicit personal information from you. Time Appsule is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Time Appsule of these linked sites.

5. UPDATES TO THE SERVICE

You understand that the Service is an evolving one. Time Appsule may require that you accept updates to the Service you have installed on your mobile device. You acknowledge and agree that Time Appsule may update the Service with or without notifying you.

6. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION

6.1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER TIME APPSULE NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “TIME APPSULE PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

6.2. LIMITATIONS; WAIVERS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE TIME APPSULE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE TIME APPSULE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE TIME APPSULE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE TIME APPSULE PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TIME APPSULE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF TIME APPSULE.

6.3. Indemnification

You agree to indemnify, save, and hold Time Appsule, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Time Appsule reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Time Appsule, and you agree to cooperate with Time Appsule’s defense of these claims. Time Appsule will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

7. DISPUTE RESOLUTION

7.1. General

If a dispute arises between you and Time Appsule, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Time Appsule agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (a “Claim”) in accordance with one of the subsections below or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly to seek a resolution by going to info@timeappsule.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

8. Law and Forum for Legal Disputes

Disputes

8.1 Indemnification

By agreeing to these Terms you agree to indemnify, defend and hold harmless Time Appsule, our managing members, shareholders, employees, affiliates, licensors and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.

8.2 Limitation of Liability

Except where prohibited by law, in no event will Time Appsule be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Time Appsule has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Time Appsule for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Time Appsule is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, Time Appsule’s liability shall in no event exceed £1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

8.3 Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TIME APPSULE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You and Time Appsule agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and Time Appsule are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

8.4 Applicable Law

Any dispute between you and Time Appsule will be governed by these Terms and the laws of the United Kingdom, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

9. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

10. Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Time Appsule.

Questions and Comments

Time Appsule welcomes comments, questions, concerns, or suggestions. Please send feedback to us via info@timeappsule.com or www.timeappsule.com