Effective Date: September, 2013
We ask you to read carefully these Terms of Service (hereinafter — “Terms”) applicable to your use of the online services, defined below in Clause 2.1 hereof (hereinafter — “Services”) provided by MYTIMEFLIES, a Dutch company, located at: Herculesstraat 131 2, 1076SK Amsterdam hereinafter — “MYTIMEFLIES”) at http://www.MYTIMEFLIES.eu website and its relevant subdomains, specified below in Clause 2.1 hereof (hereinafter — “Site”). These Terms and any other policies available on this Site, referenced by or referencing to these Terms, shall jointly constitute, as added, amended, modified, supplemented or restated from time to time, binding agreement between you and MYTIMEFLIES applicable to your use of the Site and the Services (hereinafter — “Agreement”).
For the avoidance of any doubts, this Agreement shall not be applicable to online services provided on any website other than the Services on the Site.
1. Acceptance of Terms
1.1. This Agreement shall enter into force as of the moment you first access the Site or commence use of any of the Services. By accessing, browsing or using the Site and/or any of the Services you irrevocably and unconditionally accept and adhere to these Terms and confirm that you agree to be bound by this Agreement without any exemptions, limitations and exclusions, and any and all provisions of this Agreement shall be enforceable to the fullest extent against you.
1.2. In the event you disagree with any provision hereof and would not like to be bound by this Agreement you shall cease use of the Site or the Services immediately.
2. Description of Services and Additional Policies
2.1. The Services provided by MYTIMEFLIES under this Agreement. Any other products, utilities and offerings provided at the Site or any of its subdomains are provided by “MYTIMEFLIES”, or MYTIMEFLIES’s affiliate, as the case may be, and are subject to separate terms of service and policies.
2.2. In certain instances specific Services may be subjected to regulation of additional policies, terms or requirements (hereinafter — “Additional Policies”). In case of any discrepancies between Additional Policies and these Terms, the Additional Policies shall prevail.
2.3. MYTIMEFLIES may at its own discretion develop additional products, utilities and offerings or functionality of the Site or discontinue maintaining the Site and/or provision of any of the Services. In the event MYTIMEFLIES adds new products, utilities and offerings or makes additional functionality available through the Site this Agreement and, as the case may be, Additional Policies shall be fully applicable to such new products, utilities and offerings or additional functionality of the Site, unless otherwise provided by relevant Additional Policy.
2.4. You confirm and acknowledge that you are of the sufficient age to access this Site and use the Services in accordance with the laws of your country of residency or any other applicable legal requirements.
3. Use of the Site and the Services
3.1. You undertake to comply and adhere to provisions of this Agreement, Additional Policies, as well as any national and local laws and regulations applicable to your use of the Site and the Services.
3.2. You undertake to use the Site and/or the Services in a manner consistent with their purpose and functionality within the user interface provided by MYTIMEFLIES. You shall not misuse the Site and/or the Services to cause any harm, damage, losses or interference for users, any third parties, MYTIMEFLIES, Company and their affiliates, partners, customers, suppliers and advertisers (hereinafter jointly — “Partners”), as well as operation of the Site and/or provision of the Services. In particular, under no circumstance you shall use the Site or the Services to:
3.2.1. upload, download, post, transfer, send, transmit, distribute, e-mail, link to or make available in any other way (hereinafter — “Make Available”) any images, photos, text, video, data, software, audio, sound, music, databases, links or other information (hereinafter — “Content”) that is illegal, harmful, slanderous, unethical, defamatory, harassing, threatening or infringing upon intellectual property rights, rights of privacy or publicity of third parties, MYTIMEFLIES, Company and/or Partners, incites hatred, bigotry, racial, ethnic, sexual, religious or social discrimination or is insulting to any persons, groups and/or entities;
3.2.2. attempt to access the Site or the Services in a way other than through interface and instructions provided by MYTIMEFLIES;
3.2.3. impersonate any person, representative of a legal entity and/or any organization without authorization, including employees of MYTIMEFLIES, Company and/or Partners, forum moderators, website owners and misrepresent the source of any information;
3.2.4. harm or exploit minors in any way or collect their personal information;
3.2.5. Make Available unsolicited advertising information, spam, junk mail, pyramid schemes, multilevel marketing (MLM), Internet earning systems and e-mail businesses, chain letters, as well as use the Site or the Services for participation in any of the above;
3.2.6. Make Available any materials containing viruses, Trojan horses, worms, bots or other code, files or programs designed to interfere, hinder or impair the operation of any computer, telecommunication equipment or software;
3.2.7. Make Available any Content which is false, misleading and/or promoting illegal activities;
3.2.8. collect and store personal data, private and personally identifiable information without express consent and authorization of the holder;
3.2.9. Make Available Content in violation of any other provisions hereof or applicable laws and regulations; and
3.2.10. assist to any person to perform any of actions referenced to in Sub-clauses 3.2.1-3.2.9.
5. Intellectual Property Rights
5.1. You hereby expressly and irrevocably acknowledge and agree that accessing the Site and using the Services does not vest you with any right, title or interest in intellectual property and other rights to Content which is accessible at the Site or through the Services owned or licensed by MYTIMEFLIES, Company, Partners or any third parties. You undertake not to use, sell, distribute, resell, decompile, disassemble, attempt to discover any source code, reverse engineer, modify, rework, reproduce, display, publicly perform, broadcast, rent, create security interest in, pledge, lien, encumber, license, make derivative works from Content accessible at the Site or through the Services owned or licensed by MYTIMEFLIES, Company, Partners or any third party. No right of ownership or license, whether express, implied or any other, is granted to you to Content of MYTIMEFLIES, Company, Partners or any third party, any portion of the Site and/or the Services, except as expressly provided in Clause 5.2 hereof or in Additional Policies.
5.2. In order to use the Site and the Services you are granted personal, non-exclusive, worldwide, limited, non-assignable, non-transferrable, royalty free, revocable license to access, review, reproduce, cache, print, distribute and store Content retrieved from the Site or Services owned by MYTIMEFLIES or Company only within the functionality of the interface of the Site or the Services through common consumer web browser, provided that you strictly comply with limitations contained herein. Unless expressly permitted by MYTIMEFLIES or Company, no commercial use of Content, the Site or the Services is allowed.
5.3. You hereby acknowledge and agree that, to the extent permitted by the applicable law, MYTIMEFLIES, Company, Partners and any of their users are granted with non-exclusive, non-transferrable, irrevocable, royalty-free, worldwide license to use Content and information submitted by you to the Site or through the Services for the purposes of operation of the Site, the Services or other products, utilities and offerings of MYTIMEFLIES, Company or Partners, including the queries submitted in the search box of the search engine available at the Site or through the Services, provided that you are the person vesting in intellectual property rights to such Content and information.
6. Search Engine, Third-Party Websites and Copyright Infringement
6.1. The Site and the Services contain links to websites and Content maintained by third parties which is publicly available on the internet. As MYTIMEFLIES does not exercise control over any of the third parties’ websites and resources, you hereby acknowledge and agree that MYTIMEFLIES is not responsible for accessibility, safety, accuracy, availability, legality or completeness of information, Content, advertising, commercial offers, products, services and materials on the third party websites and resources. MYTIMEFLIES does not monitor, endorse, review, consider or verify the information and/or Content specified in this Clause 6.1 and is not responsible for any harm, losses and damages, direct or indirect, arising out of your use, accessing, reliance on, purchase, downloading or dealing with any such third party websites and resources.
6.2. MYTIMEFLIES responds to notices of alleged copyright infringement in compliance with applicable legal requirements. For the MYTIMEFLIES products and services which have account holders, MYTIMEFLIES in its sole discretion may terminate the accounts of repeat infringers in appropriate circumstances. If you would like to submit a notice of alleged copyright infringement please send an e-mail to: email@example.com.
In the event you would like to reinstate links that have been removed from the search results due to notice of claimed copyright infringement and you have removed Content claimed to be infringing please send an email to: firstname.lastname@example.org.
Although MYTIMEFLIES strongly encourages you to submit your notices of claimed copyright infringement, reinstatement requests and counter-notices via the online contact forms to ensure the most expedited reply to your valid and complete notices, requests and counter-notices, MYTIMEFLIES still accepts notices submitted by other means. By submitting any such notices, requests and counter-notices via any other means of transmission (such as email, fax or postal mail), you hereby understand and agree that MYTIMEFLIES’s processing of same may be substantially delayed and results of the processing could be less efficient, and your further hereby consent without any objection to such slower processing time and decreased efficiency.
In order for the notices of copyright infringement submitted (such as email, fax or postal mail) to be considered and processed please provide the information required. In particular, you are required to provide at a minimum the following information:
(1) Your first name and last name;
(2) Details of copyright holder you represent or indication that you act in your own name;
(3) Your country of residence/location;
(4) Email address;
(5) Type, identification and description of the copyrighted work claimed to have been infringed;
(6) Precise location (URL) of the authorized copy of the work (or specification that the work is not available online;
(7) Identification of the material that is claimed to be infringing and nature of the infringement;
(8) Precise location (URL) of the material that is claimed to be infringing;
(9) Below statements:
a. “By submitting the notice and signing with my signature, I confirm that I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
b. “I confirm that the information in this notification is accurate, and under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
(10) Your signature and date of the notice.
8. No Warranty and Limitation of Liability
8.1. You hereby acknowledge and agree that, although MYTIMEFLIES employs commercially reasonable efforts to provide the best possible user experience, Content, the Site and the Services are provided to you on “as is”, “as available” and “with all faults” basis and you use Content, the Site and the Services exclusively at your own risk without any express or implied representations and/or warranties of any kind by MYTIMEFLIES, Company and/or Partners including, but not limited to, as follows: (i) warranties of suitability for particular purpose, non-infringement, title and merchantability; (ii) representations and warranties that Content, the Site or the Services will meet your requirements and are error-free, accurate, ensure uninterrupted service, secure, reliable, useful, available, meeting certain quality standards or your needs or that any errors occurring in Content, on the Site or in the Services will be corrected.
8.2. You hereby acknowledge and agree that Content, the Site and the Services are provided for information purposes only and MYTIMEFLIES does not accept any liability related to your reliance on or consequences of your following any information, including professional advice, whether legal, financial, medical or otherwise. Any Content or other material obtained from the Site or through the Services is used exclusively at your discretion and risk and you shall be solely responsible for any loss, damages or harm to computer systems, hardware or data that result from use of such Content or other material.
8.3. You hereby acknowledge and agree that liability of MYTIMEFLIES, Company and Partners hereunder is limited and, to the extent permitted by applicable law, MYTIMEFLIES, Company, Partners and their distributors, officers, employees, agents, partners and licensors shall bear no liability for direct, indirect, incidental, special, consequential exemplary or punitive damages, any loss of profit, revenues or data, loss of goodwill, cost of substitute services, based on any theory of liability, resulting from: (i) your use of the Site or the Services; (ii) reliance on Content or any information available at the Site or through the Services; (iii) actions undertaken under your account, including, but not limited to, in the event of unauthorized access to your account, data or Content; (iv) any other matter associated with Content, the Site or the Services.
8.4. In the event law of specific jurisdiction applicable to limitation or exclusion of liability of MYTIMEFLIES, Company and Partners and their distributors, officers, employees, agents, partners and licensors under this Section 8 does not permit certain types of exclusion of warranties or liability, to the extent permitted by applicable law, total liability of MYTIMEFLIES, Company, Partners and their distributors, officers, employees, agents, partners and licensors under any grounds shall be limited to the amounts paid by you for Content, access to the Site or use of the Services or, at the discretion of MYTIMEFLIES, Russian Company and/or Partners, your exclusive remedy shall be provision of the Services to you again.
9. Modification, Limitation and Termination of the Site and the Services
9.1. You hereby acknowledge and agree that MYTIMEFLIES shall be entitled to add, alter, modify, as well as suspend, stop, discontinue, cease maintenance, updating and correction of errors with respect to any functionality of the Site and/or the Services, including, but not limited to, to terminate the Site or any of the Services without any notice to you.
9.2. You hereby acknowledge and agree that MYTIMEFLIES at its own discretion shall be entitled to impose limitations and restrictions on your use of the Site and/or the Services. The limitations and restrictions may be established for certain categories of users, including, but not limited to, depending on location, language, age, availability of rights to Content, legal requirements or other reasons, and may include unavailability of specific functionality of or the overall access to Content, the Site and/or the Service, limitations for storage of Content under your account and otherwise.
9.3. You hereby acknowledge and agree that in addition to rights of Company under Clause 4.4 hereof, MYTIMEFLIES shall be entitled to suspend and terminate your access to the Site or the Services at its sole discretion without any notice to you.
10. Miscellaneous Provisions
10.1. This Agreement, including Additional Policies, as the case may be, constitutes the entire agreement between you and MYTIMEFLIES and supersedes any prior versions of the Agreement, Terms, as well as arrangements, correspondence, membership conditions and any other similar terms and conditions. This Agreement is applicable exclusively to relations between you and MYTIMEFLIES and does not create any third-party beneficiary rights.
10.2. MYTIMEFLIES shall be entitled to modify and amend this Agreement, Terms and any of the Additional Policies at its sole discretion without any prior notice to you. These modifications and amendments may be due to the changes on the Site, in the Services or in order to ensure compliance with legal requirements or for any other reasons. The modifications and amendments will become effective as of the moment they are available on this page, unless otherwise expressly specified therein.
10.3. The failure of MYTIMEFLIES to exercise or enforce any of its rights hereunder shall not be considered as waiver of such rights. In the event any provision of the Agreement is found to be invalid or unenforceable by the competent court or state body, the parties hereto acknowledge and agree that other provisions of the Agreement remain in full force and effect. The parties undertake to make every effort necessary to replace such invalid and unenforceable provision with the valid and enforceable provision that reflects intentions of the Parties to the maximum extent possible.
10.4. MYTIMEFLIES shall be entitled to assign, transfer, pledge or otherwise alienate its rights hereunder, in whole or in part, at any time at MYTIMEFLIES’s own discretion without any notice to you. You hereby acknowledge and agree that you are not entitled to transfer any rights or obligations hereunder, including, but not limited to, any rights associated with your account related to Content, the Site or the Services.
10.5. You and MYTIMEFLIES hereby acknowledge and agree that this Agreement shall be construed and governed in accordance with substantial laws of the Netherlands, without giving regard to its conflict of laws rules. Any claim, controversy or dispute arising out of or in relation of this Agreement or Additional Policies shall be exclusively referred for resolution to the courts of Amsterdam, the Netherlands. To the extent permitted by applicable law, you hereby expressly and irrevocably agree to submit to the jurisdiction of the state courts of Switzerland with respect to any claim, controversy or dispute arising out or in relation of this Agreement.