Terms of Service
These Terms of Service govern your access to and use of the services, products or software provided by tymelie, and any information, text, graphics, or other materials uploaded, downloaded or appearing on tymelie. Your access to and use of these Service is conditioned on your acceptance of and compliance with these terms. By accessing or using the Services you agree to be bound by the terms stated here. Together with our Privacy Policy these Terms of Service govern tymelie's relationship with you in relation to tymelie. The term "tymelie" or "us" or "we" refers to the owner of tymelie. The term "you" refers to the user or viewer of tymelie. By accessing or using tymelie, you agree to be bound by the following Terms of Service.
General
tymelie reserves the right to update and change the Terms of Service at any time without notice. You can review the most current version of the Terms of Service at: tymelie.com/tos.html
The failure of tymelie to excercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
You agree that tymelie owns all legal rights to the services it provides. You must not remove or obscure any legal notices. You are not entitled to use tymelie's logos, domain names, or other distinctive features or to claim them as your own.
Violation of any of the terms below may result in the termination of your account or access to tymelie. Violation of any of the terms may also terminate your usage rights to tymelie.
If a provision of this agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, then it shall not affect the validity or enforceability in that jurisdiction of any other provision of this agreement. That provision or any other provision of this agreement will remain in full force and effect in all other jurisdictions.
These Terms of Service, together with all applicable local, state, national, and international laws, rules, and regulations, constitute the entire agreement between you and tymelie and replace all previous agreements under this title. There are no verbal subsidiary agreements.
You may use tymelie only if you can form a binding contract with tymelie and are not a person barred from receiving these services under the laws of an applicable jurisdiction.
These Terms of Service, as well as your relationship with tymelie under these Terms of Service, shall be governed by the laws of Switzerland. You and tymelie agree to submit to the exclusive jurisdiction of the courts located in Zurich, Switzerland, in order to resolve any legal dispute arising from the Terms of Service.
Provision of tymelie's services
Your use of any services, information, or materials is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through tymelie meet your specific requirements, and you are responsible for your reliance upon them.
Every effort is made to keep tymelie up and running smoothly. However, tymelie is available on an "as is" and "as available" basis. Neither we nor any third parties provide any warranty, express or implied, or any guarantee that tymelie will meet your requirements or expectations;
- its services will be delivered uninterrupted, timely, secure, or error-free;
- materials and information found or offered on tymelie will be complete or suitable for any particular purpose;
- results that may be obtained from the use of tymelie will be accurate or reliable
- any errors in tymelie will be corrected.
You understand and agree that tymelie shall not be liable for any direct, indirect, incidental, accidental, special, consequential or exemplary damages to the fullest extent permitted by law, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss data, cost of procurement of substitute goods or services or other intangible loss, resulting from
- the use or inability to use tymelie;
- and changes that tymelie may make to its offerings, or any permanent of temporary cessation in the provision of the availability of tymelie;
- unauthorized access to or alteration of your transmissions or your data;
- the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of tymelie
- technical issues beyond tymelie's control;
- any other matter relating to tymelie.
Technical support is provided on a best-effort basis through email and other means decided upon by tymelie.
You understand that tymelie can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to assist in running and managing the services it provides.
In the process of continual development, tymelie may stop, remove, modify, or add, whether temporarily or permanently, services and features at tymelie's sole discretion without prior notice to you. Any new, changed, or removed features are subject to the Terms of Service. Further use of tymelie after any such changes constitutes your consent to the changes.
Use of tymelie by you
You agree to use tymelie only for purposes that are permitted by the Terms of Service and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
For certain services, tymelie may offer or require you to register for an account. You shall ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your account and password by choosing "strong" passwords with a combination of upper and lower case letters, numbers, and symbols. tymelie cannot and will not be liable for damage arising from your failure to comply with the above requirements. Accounts registered by bots or other automated methods are not permitted.
You agree that you will not engage in any activity that interferes with or disrupts the the service of tymelie (or the servers and networks which are connected to the tymelie).
You agree that you will not reproduce, duplicate, copy, sell, trade or resell any part of tymelie for any purpose without the express written permission from tymelie.
You agree that you are solely responsible for (and that tymelie has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which tymelie may suffer) of any such breach.
tymelie does not disclose any personally identifying information to third parties except in accordance with our Privacy Policy, as available at tymelie.com/privacy.html , which you agree to.
You may not post content to tymelie which is copyrighted, unlawful, libelous, hateful, offensive, threatening, pornographic, or violent. tymelie reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or account from part of tymelie at its sole discretion. You understand that by using tymelie you may be exposed to content that might be offensive, innacurate, indecent or objectionable, or otherwise inappropriate. In some cases, content created by users may be mislabled or otherwise deceptive. In this respect, the use of our services is at your own risk.
tymelie for Companies (Branded tymelie) Terms
1. tymelie for companies is billed in advance and is non-refundable. There will be no refunds also in the following explicit cases: unavailability of services, downgrade, unused services, or when the functionality of services is changed.
2. Abuse or excessively frequent requests via a tymelie for companies account may result in the temporary or permanent suspension of the account. tymelie determines abuse or excessive usage at its sole discretion.
3. An ads-free tymelie for companies site is a site which displays no advertising. Such an account must always have meaningful access control (based on your organization's e-mail address domains, IP address ranges, or passwords) in place, which will restrict the possibility to create new polls to authorized users (i.e., the users within your organization). Unless stated otherwise in a separate agreement with tymelie, you must not make an ads-free tymelie for companies site available to the general public.
4. tymelie for companies allows you to choose a name for your tymelie site. Unless stated otherwise in a separate agreement with tymelie, the name of your tymelie site must pertain to the name of your company or organization. Requests to name a tymelie site after a general service, or names that could be miscontrued as being of use by tymelie internally will not be accepted. You understand that tymelie can rename your account, e.g., if you intentionally or unintentionally interfere with a trademark owner.
5. tymelie reserves the right to temporarily or permanently suspend an account immediately if any of these terms are violated. tymelie determines violation at its sole discretion. If an account is to be suspended, tymelie will make a reasonable attempt by e-mail to warn the account owner prior to suspension.
6. A tymelie for companies site is always associated with a tymelie account. All communication will be directed to the e-mail address associated with that tymelie account. You are responsible for keeping your tymelie account information up-to-date.
Links
From time to time tymelie may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we recommend the website(s) or endorse the views expressed within them. We have no responsibility for or control over the nature, content, and availability of the linked website(s).
Limits
tymelie gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by tymelie. The sole purpose of this license is to enable you to use and enjoy its benefits and services. We retain the right to create limits on use and storage at our sole discretion.
Advertisements
tymelie is currently free of advertising, however we reserve the right to add advertisements to our service should we deem it necessary. These advertisements may be targeted to the content or information on tymelie or queries made through tymelie, or to other information.We reserve the right to determine the type and number of advertisements in this case. You agree that tymelie may place advertising on its pages or in connection with the display of data submitted by you or others. The manner, mode and extent of advertising on tymelie is subject to change without specific notice to you.
Feedback
Any feedback, comments, suggestions, or questions that you may provide regarding tymelie is entirely voluntary and we will we free to use this information and content as we see fit and without any obligation to you.