By accessing or using the App or clicking “accept” or “agree” to this Agreement, you agree to be legally bound by all terms and conditions herein. If you are viewing this on your mobile device, you can also view this Agreement via a web browser at www.timelooper.com. Your acceptance of this Agreement creates a legally binding contract between you and the Company. If you do not agree with any aspect of this Agreement, then do not use the App.
License to Use the App. Subject to your compliance with all the terms and conditions of this Agreement, the Company grants you a limited, nonexclusive, nontransferable, revocable license to install and use the App on a compatible mobile device that you own or control for your personal, non-commercial purposes, in each case in the manner enabled by the Company. If you are using the App on an Apple, Inc. (“Apple”) iOS device, the foregoing license is further limited to use permitted by the “Usage Rules” set forth in Apple’s App Store Terms of Service. In addition, certain features of the App are designed to only operate in designated geographical locations, so if you are not in the applicable location, such feature may not function. Any use of the App other than for private, non-commercial use is strictly prohibited.
Ownership; Proprietary Rights. As between you and the Company, the Company and its licensors own all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the App, the software and technology used by the Company to provide App features and functionality and all usage and other data generated or collected in connection with the use thereof (the “Company Materials”). Except as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials.
Mobile Services. Use of the App requires usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the App.
Google Cardboard. Use of the App may be used with Google Cardboard. When using Google Cardboard it is important that you
Take frequent breaks while using Cardboard.
If you experience nausea, discomfort, eye strain, or disorientation, immediately discontinue using Cardboard.
Cardboard is not for use by children without adult supervision.
Do not use Cardboard while driving, walking, or otherwise by being distracted from real world situations that prevent you from obeying traffic or safety laws. Do not drive or operate heavy machinery immediately after using Cardboard if you feel impaired or disoriented.
If you have had or could be prone to seizures, consult a doctor before using Cardboard
Under no circumstances shall Company have any liability to you for any damages related to the use of Cardboard as use of Cardboard is solely at your risk.
Third Party Sites. The App may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.
Prohibited Uses. As a condition of your use of the App, you will not use the App for any purpose that is unlawful or prohibited by this Agreement, or would cause a breach of any applicable agreements with third parties to which you are bound (such as, by way of example, your agreement with your wireless data services carrier). You may not use the App in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App. By using the App, you represent and warrant that: (i) you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Termination. You may terminate this Agreement at any time, for any reason or for no reason, by deleting the App from your device and notifying us via e-mail at firstname.lastname@example.org that you are terminating your App. You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement or your use of the App. The Company may also in its sole discretion and at any time discontinue providing the App, or any part thereof, with or without notice. You agree that any termination of your use of the App or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you or any third-party for any such termination. SectionsREF _Ref447195416 \r \h 3, REF _Ref447195422 \r \h 5 andREF _Ref447195524 \r \h 8- REF _Ref447195511 \r \h 16 will survive any termination of this Agreement.
Apple. You hereby acknowledge and agree that Apple: (i) is not a party to this Agreement; (ii) has no obligation whatsoever to furnish any maintenance or support services with respect to the App; (iii) is not responsible for addressing claims by you or any third party relating to the App, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) has no responsibility to investigate, defend, settle or discharge any claim that the App or use thereof infringes any third party intellectual property rights; and (v) and its subsidiaries are each a third party beneficiary of this Agreement with the right to enforce its terms against you directly.
Use of App by Children. It is not intended by the Company that the App will be used by anyone under the age of 13.
Disclaimers; No Warranties. THE APP AND ANY CONTENT OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, AND ITS LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ITS LICENSORS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification; Hold Harmless. You agree to indemnify and hold the Company and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the App and/or Cardboard, violation of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of the Company’s willful misconduct or gross negligence. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE APP OR CARDBOARD, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APP OR CARDBOARD EXCEED FIFTY U.S. DOLLARS.
Arbitration. Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
Class Action Waiver. YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTIONREF _REF447185310 \R \H 13 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Claims. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Miscellaneous. The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the App user interface or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. Under this Agreement, you consent to receive communications from the Company electronically. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the App that is not subject to arbitration under SectionREF _Ref447185310 \r \h 13 shall be filed only in the state or federal courts in New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by the Company as set forth herein.
Contact Information. The App is provided by TimeLooper, Inc. If you have any questions, complaints or claims with respect to the App, you may contact TimeLooper, Inc. as follows:
30 Harrison St
New York, NY 10013
AST UPDATED: May 1, 2016
1. Collected Information. The information collected during your use of the Service includes the following:
(a) Submitted Information. We will not collect any personally identifiable information in connection with your use of the Service. To use the Service you must share your location with us in orderto access most of the content available at particular historic locations, but we do not associate that location with any personally identifiable information.
(b) Automatically Collected Information. When you use our Apps, we collect certain geolocation data on your precise physical location in order to authorize the use of the App at such location, but this geolocation data will not be associated with any personally identifiable data relating to you. We also gather certain non-personally identifiable information from you including usage information, such as information on when, how often and for how long you use the Service, as well as server log data such as your device type, operating system and IP address.
(d) Social Networking Information. We allow you to create your Service account by logging in through Facebook. Please remember that the manner in which Facebook uses, stores and discloses your information is governed by the terms and conditions and privacy policies of Facebook, and not the Company.
2. Use of Information. We internally use the information we collect about you as follows:
(a) Provision of Services. We may use collected information for the purposes for which you provided the information including, for example, to provide the features and functionality of the Service to you.
(c) Personalized Content; Improvements. We may use the collected information to personalize the content that you see based on your then current location. We may also analyze collected information relating to your use of the Service in order to help us improve the Service and develop and improve other products and services.
(e) Facebook Information. If you use Facebook to log-in to your Service account, we may give you the ability to invite your Facebook connections to use the Service and connect you to your Facebook connections on the Service.
3. Disclosure of Information. We share and disclose the information we collect about you as follows:
(a) Aggregated Information. We may provide advertisers and other third parties with aggregated, non-personally identifiable information about our user base and its interests and usage patterns. This may include making available or publishing aggregated, anonymous data regarding activity on this Service.
(b) Business Arrangements. We may disclose non-personally identifiable information to third-party partners in furtherance of our business arrangements with them.
(c) Legal Requirement. We will use and disclose any information where we, in good faith, believe that the law or legal process (such as a court order, search warrant or subpoena) requires us to do so or in other circumstances where we believe it is necessary to protect the rights or property of Company, our users and/or third parties.
(d) Advertising. The Service may include advertising served by third parties, which may be targeted to you based on your geographical location. We may also partner with third party advertising companies in order to serve online advertising regarding our products and services to you after you use the Service.
(e) Affiliates. We may disclose this information to our affiliates for use as described in this Policy.
4. Effective Date; Changes. This Policy applies to all information collected by or provided to us on and after the Effective Date. When we make any material changes to this Policy, we will change the Effective Date. We will treat your continued use of the Service following such change as your acceptance of the changes.
5. Third Parties. The Service may contain offers from third parties or links to third-party websites. This Policy does not apply to information that you may provide to or that may be collected by third parties. We encourage you to request such third parties to provide you with their applicable privacy policies and other terms and conditions before engaging with or making a purchase from such third parties.
6. Security. We expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your usage information.
7. Children Under 13. We do not knowingly collect information from children under 13 and the Service is not directed at persons under 18. If you are a parent and believe your child under the age of 13 has used the Service and provided personally identifiable information to us through the Service, please contact us at the phone number and address provided in Section 10 of this Policy and we will work to delete any such personally identifiable information.
8. Transfer as Corporate Asset. In the event of a merger, sale of capital stock or assets, reorganization, consolidation or similar transaction involving Company, the information we possess shall be transferred as a corporate asset to the acquiring entity, provided that such entity will continue to handle such information in accordance with this Policy.
9. Transfer to the U.S. or Other Countries. The Company uses facilities in the United States. Your information will be stored and processed in the United States or other countries where Company has facilities. By using the Service, you consent to the transfer of information outside of your country, even if your country has more rigorous data protection standards.
10. Contacting Us. If you have any questions about this Policy, please contact us at [Phone Number] or at:
Attn: Privacy Questions