These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don't agree to these Terms, don't use our services.
Last updated: February 24th, 2023
These Terms govern your access to and use of the products and services we provide through or for timespout.com (collectively, “Services”). Please note that timespout.com-related products and services are intended for personal use.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you're authorized to accept the Agreement on that person's or entity's behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
This website (“Site”) is provided to you by Keith Swanger. We refer to Keith Swanger as “timespout”, “we”, “our”, and “us” throughout these Terms.
Our Services are not directed to children. You're not allowed to access or use our Services if you're under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you're at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you're under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
We reserve all rights to the Materials provided by our Services. You may not:
We haven't reviewed the text, photo, video, audio, code, computer software, items for sale, and other materials (“Content”) on websites that link to, or are linked from, our Services. We're not responsible for any use or effects of Content or third-party websites. A link to or from one of our Services does not represent or imply that we endorse any third-party website.
When using our Services requires registering a Product License Key, you agree to provide us with complete and accurate information and to keep the information current so that we may communicate with you about your Product License Key. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.
We may limit your access to our Services until we're able to verify your Product License Key information, like your name or email address.
You're solely responsible and liable for all activity under your Product License Key. You're also fully responsible for maintaining the security of your Product License Key. We're not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
You cannot share, resell, lease, transfer, or otherwise misuse Product License Keys. Please notify us immediately of any unauthorized uses of your Product License Key, or of any other breach of security. If we believe your Product License Key has been compromised, we may suspend or disable it. If you'd like to learn about how we handle the data you provide us, please see our Privacy Policy.
Some of our Services include a Trial Evaluation License. Permission is granted to temporarily download one copy of the Materials from our Services for personal, non-commercial transitory viewing for the duration of the Trial Evaluation License period. This is the grant of a license, not a transfer of title or ownership.
This Trial Evaluation License shall automatically terminate if you violate any of these Terms and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Fees for Paid Services. Some of our Services are offered for a fee (“Paid Services”), such as timespout Product License Keys. This section applies to any purchases of Paid Services. By using a Paid Service, you agree to pay the specified fees.
Payment. You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store identifying information about you, such as your name and email address. We store identifying information in order to fulfill your order and provide support after a successful purchase.
Third-Party Payment Service Provider. In order to provide secure Paid Service payments, we use a third party payment processor. We do not store your card information. Depending on the platform used to make the payment, third-party Terms of Service may apply. Please read the Terms of Service for the relevant payment processor:
Refunds. Refund availability is dependent on the platform used to make the purchase under the terms of the specified third-party platform. Refunds must be requested within the Paid Service's specified refund period. We will also provide refunds if required by law.
Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.
The Agreement doesn't transfer any timespout or third-party intellectual property to you, and all right, title, and interest in and to such property remains solely with us. All other trademarks, service marks, graphics, and logos used in connection with our Site or Services are trademarks or registered trademarks of timespout (or timespout's licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn't grant you any right or license to reproduce or otherwise use any timespout or third-party trademarks.
We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we'll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we've notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services
We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to terminate your access to the Services if we believe your usage burdens our systems (which is rare and typically only occurs when a Service is used maliciously), or terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
Our Services are provided “as is.” timespout and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither timespout, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Richland County, Ohio, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
In no event will timespout, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $39.99 or the fees paid by you to timespout under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. timespout shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. timespout isn't liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates' total liability is limited to the greater of $39.99 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.
You agree to indemnify and hold harmless timespout, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services.
You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions; (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC's Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause timespout to violate US export controls and sanctions. We reserve the right to restrict or block your access to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between timespout and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
timespout may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
These Terms are available under CC BY-SA 4.0. Originally adapted from Legalmattic documents created by Automattic.