1. Definitions.
"TimenetUSA" is the interactive on-line service operated by TimenetUSA.com ("TimenetUSA")
on the World Wide Web of the Internet, consisting of information services and
content. "User" means each person who establishes or accesses a connection ("Account")
for access to and use of TimenetUSA.
2. General.
(A) This Agreement, which incorporates by reference other provisions
applicable to use of TimenetUSA, including, but not limited to,
supplemental terms and conditions set forth in paragraph 14 hereof
("Supplemental Terms") governing the use of
certain specific material contained in TimenetUSA, sets forth the terms and conditions
that apply to use of TimenetUSA by User. By using TimenetUSA (other than to read
this Agreement for the first time), User agrees to comply with all of the terms
and conditions hereof. The right to use TimenetUSA is personal to User and is
not transferable to any other person or entity. User is responsible for all use
of User’s Account (under any screen name or password) and for ensuring
that all use of User’s Account complies fully with the provisions of this
Agreement. User shall be responsible for protecting the confidentiality of User’s
password(s), if any.
(B) TimenetUSA shall have the right at any time to change or discontinue any
aspect or feature of TimenetUSA, including, but not limited to, content, hours
of availability, and equipment needed for access or use.
3. Changed Terms.
TimenetUSA shall have the right at any time to change or modify
the terms and conditions applicable to User’s use of TimenetUSA,
or any part thereof, or to impose new conditions, including,
but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but
not limited to, posting on TimenetUSA, or by electronic or conventional
mail, or by any other means by which User obtains notice thereof.
Any use of TimenetUSA by User after such notice shall be deemed
to constitute acceptance by User of such changes, modifications
or additions.
4. Equipment.
User shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of TimenetUSA and all
charges related thereto.
5. User Conduct.
(A) User shall use TimenetUSA for lawful purposes only. User
shall not post or transmit through TimenetUSA any material which
violates or infringes in any way upon the rights of others, which
is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any law, or
which, without TimenetUSA’s express prior approval, contains advertising or any solicitation
with respect to products or services. Any conduct by a User that in TimenetUSA’s
discretion restricts or inhibits any other User from using or
enjoying TimenetUSA will not be permitted. User shall not use
TimenetUSA to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users to become
users of other on-line information services competitive with
TimenetUSA unless otherwise specified.
(B) TimenetUSA contains copyrighted material, trademarks and
other proprietary information, including, but not limited to,
text, software, photos, video, graphics, music and sound, and
the entire contents of TimenetUSA are copyrighted as a collective
work under the United States copyright laws. TimenetUSA owns
a copyright in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it. User
may not modify, publish, transmit, participate in the transfer
or sale, create derivative works, or in any way exploit, any
of the content, in whole or in part. User may download copyrighted
material for User’s personal use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express permission of
TimenetUSA and the copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted material,
no changes in or deletion of author attribution, trademark legend
or copyright notice shall be made. User acknowledges that it
does not acquire any ownership rights by downloading copyrighted
material.
(C) User shall not upload, post or otherwise make available on
TimenetUSA any material protected by copyright, trademark or
other proprietary right without the express permission of the
owner of the copyright, trademark or other proprietary right
and the burden of determining that any material is not protected
by copyright rests with User. User shall be solely liable for
any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By
submitting material to any public area of TimenetUSA, User automatically
grants, or warrants that the owner of such material has expressly
granted TimenetUSA the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or
in part) worldwide and/or to incorporate it in other works in
any form, media or technology now known or hereafter developed
for the full term of any copyright that may exist in such material.
User also permits any other User to access, view, store or reproduce
the material for that User’s
personal use. User hereby grants TimenetUSA the right to edit,
copy, publish and distribute any material made available on TimenetUSA
by User.
(D) The foregoing provisions of Section 5 are for the benefit of TimenetUSA,
its subsidiaries, affiliates and its third party content providers and licensors
and each shall have the right to assert and enforce such provisions directly
or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) USER EXPRESSLY AGREES THAT USE OF TIMENETUSA IS AT USER’S
SOLE RISK. NEITHER TIMENETUSA, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT TIMENETUSA WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF TIMENETUSA, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH TIMENETUSA.
(B) TIMENETUSA 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 MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT TIMENETUSA IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL TIMENETUSA OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING TimenetUSA OR THE TIMENETUSA SOFTWARE, BE LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
TIMENETUSA. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON TIMENETUSA.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, TIMENETUSA, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE
OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR
UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN TIMENETUSA,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR
FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY
NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT
WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER
INFORMATION. TIMENETUSA, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED.
NEITHER, TIMENETUSA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE INFORMATION.
7. Monitoring.
TimenetUSA shall have the right, but not the obligation, to monitor the content
of TimenetUSA, including chat rooms and forums, to determine compliance with
this Agreement and any operating rules established by TimenetUSA and to satisfy
any law, regulation or authorized government request. TimenetUSA shall have the
right in its sole discretion to edit, refuse to post or remove any material submitted
to or posted on TimenetUSA. Without limiting the foregoing, TimenetUSA shall
have the right to remove any material that TimenetUSA, in its sole discretion,
finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
User agrees to defend, indemnify and hold harmless TimenetUSA,
its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including
attorneys’ fees, arising out of the
use of TimenetUSA by User or User’s Account.
9. Termination.
Either TimenetUSA or User may terminate this Agreement at any
time. Without limiting the foregoing, TimenetUSA shall have the
right to immediately terminate User’s
Account in the event of any conduct by User which TimenetUSA
in its sole discretion, considers to be unacceptable, or in the
event of any breach by User of this Agreement. The provisions
of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall
survive termination of this Agreement.
10. Trademarks.
TimenetUSA and its logo is a trademark of TimenetUSA.com. All rights reserved.
All other trademarks appearing on TimenetUSA are the property of their respective
owners.
11. Contents.
TimenetUSA reserves the right to change the contents, not excluding pricing,
description, inventory, and other relevant information about the products/services
contained herein, without notification to the User at any time. Since the contents
of this site is updated frequently, TimenetUSA is not liable and User hereby
indemnifies and agrees to accept a reasonable proportion of typographical error
that may be present on the TimenetUSA site.
12. Miscellaneous.
This Agreement and any operating rules for TimenetUSA constitute the entire agreement
of the parties with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the State of
California, without regard to its conflict of laws rules. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used herein are
for convenience only and shall not be given any legal import.
13. Copyrights and Copyright Agent.
TimenetUSA respects the rights of all copyright holders and in
this regard, TimenetUSA has adopted and implemented a policy
that provides for the termination in appropriate circumstances
of users and account holders who infringe the rights of copyright
holders. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide TimenetUSA’s Copyright Agent the
following information required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ’ 512.
1. A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single notification,
representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate
the material;
4. Information reasonably sufficient to permit us to contact the complaining
party;
5. A statement that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
6. A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
TimenetUSA’s Copyright Agent for Notice of claims of copyright
infringement on its site can be reached as follows:
Steven Lin
Copyright Agent
c/o TimenetUSA.com, Inc.
525 Yorbita Rd.,
La Puente, CA 91744
By phone: (626) 810-0168
By email:
copyright@timenetusa.com
14. Supplemental Terms.
The structure, coding, and programming of the TimenetUSA web site is produced
by Graphecom and licensed to the TimenetUSA site under a limited term of
use. The underlying foundation for the interactive/dynamic functions implemented
throughout the TimenetUSA site is provided by a copyrighted software produced
by Graphecom No part of TimenetUSA site can be downloaded or transferred
without the expressed written consent of Graphecom.
