Terms of service
WELCOME TO TIMEHOP! TIMEHOP IS PART OF SINCERE — A FAMILY OF BRANDS WITH HEART. IT IS AN APPLICATION THAT LETS YOU RELIVE YOUR BEST MEMORIES EVERY DAY. IT IS PROVIDED TO YOU BY TIMEHOP, LLC. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE (THE “SERVICE”) OFFERED BY TIMEHOP, INCLUDING THROUGH THE WEBSITE AT WWW.TIMEHOP.COM (THE "SITE") AND THE TIMEHOP MOBILE APPLICATION (THE “APPLICATION”).
1. ACCEPTANCE OF TERMS.
By using the Service in any manner, including but not limited to downloading the Application or visiting or browsing the Site, you ('User' or 'you') agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate Timehop's Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on the Site by Timehop, each of which is incorporated by reference and each of which may be updated by Timehop from time to time in accordance with the terms set out under Section 2 below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Timehop from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including users who contribute content, information and other materials or services. If you do not agree to all of the terms and conditions of these Terms of Use, you do not have any right to use the Service.
2. USE OF THE SERVICE.
Subject to the terms and conditions of these Terms of Use, Timehop may offer to provide the Service, as described more fully on the Site, as selected by you, solely for your own use, and not for the use or benefit of any third party. The Service shall include, but not be limited to, any services Timehop performs for you, as well as the offering of any materials displayed or performed on the Site or the Service (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the 'Content'). Currently, the Service provides you a personal time capsule that transforms the content of social networking and other sites and services where users contribute content, including Facebook, Foursquare, Instagram, Twitter, and others, into a personalized daily collection of memories. You understand and agree that Timehop, as an agent on your behalf, may access content you have posted to third party sites and services, as authorized by you, to summarize content of such sites and services,and store such content. Timehop may make such content available to you through e-mail, a personalized daily collection of memories provided through the Application, or otherwise through the Service, and you give Timehop permission to do so. You agree that any content that you submit to a third party service, such as Facebook or Twitter, on which you have allowed Timehop to access your profile or content, may be stored by Timehop at your direction, although we are not obligated to store, or responsible for the availability of, such content. If a third party site or service on which you have allowed Timehop to access your profile or information becomes unavailable or restricts Timehop's access to your account, any content from that third party account will no longer be viewable on or through the Site and Service. Your relationship with other sites and services is governed by agreements you have with the providers of those of those sites and services.
Timehop may change, suspend or discontinue the Service (or any part thereof) including any Content for any reason, at any time, including the availability of any feature, database, or content. Timehop may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Timehop reserves the right, at its discretion, to modify these Terms of Use at any time by posting a notice on the Site, or by sending you a notice via e-mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Service following such notification constitutes your acceptance of the terms and conditions of these Terms of Use as modified. You certify to Timehop that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Service and access the Site, and take full responsibility for the selection and use of the Service and access of the Site. These Terms of Use are void where prohibited by law, and the right to access the Site and use the Service is revoked in such jurisdictions. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
3. CONTENT OF THE SITE AND SERVICES.
You may, to the extent the Site and Service expressly authorize you to do so, access, use, and display the Content, and other items displayed on the Site or Service, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; otherwise, you shall not store any significant portion of any Content in any form. Copying or storing of any Content, or using the Service or Site, for other than personal, noncommercial use is expressly prohibited without prior written permission from Timehop. All trademarks, service marks, and trade names which appear on the Site or through the Service (other than those appearing in any User Content as defined below, if applicable) are proprietary to Timehop and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as expressly permitted in these Terms of Use, you may not use, copy, adapt, modify, publish, transmit, stream, broadcast, license, sell, transfer, participate in the transfer or sale of, reproduce (except as provided in this Section of these Terms of Use), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Site or Service in whole or in part. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Timehop or its licensors, except for the licenses and rights expressly granted in these Terms of Use.
You acknowledge and agree that if you use any of the Service to contribute content (“User Content”) directly to the Site or Service ('User Content'), you hereby do and shall grant Timehop a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to access, use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit such User Content (including all related intellectual property rights) in any media format and through any media channel and to allow others to do so. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as 'Moral Rights.'To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by Timehop and agree not to assert any Moral Rights with respect thereto. r You hereby do and shall grant Timehop a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to Timehop to use, modify, reproduce, distribute, prepare derivative works of, display, and publish, solely as necessary to provide the Services to you, the User Content appearing on third party social media or other sites to which you have granted Timehop access. You warrant, represent and agree that you have the right to grant Timehop and the Site the rights set forth above. You represent, warrant and agree that you will not contribute directly or allow Timehop to collect any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this sentence.
Timehop reserves the right to remove any User Content from the Site and the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Timehop is concerned that you may have breached the immediately preceding sentence or any other sentence in these Terms of Use), or for no reason at all. You understand that Timehop shall have the right to reformat, excerpt or translate any User Content submitted by you, that all information publicly or privately transmitted through the Site and the Service is the sole responsibility of the person from whom such information originated and Timehop will not be liable for any errors or omissions in content, and that Timehop cannot guarantee the identity of any other Users with whom you may interact in the course of using the Site and the Service or the authenticity of data provided by other Users. You are responsible for all User Content posted or developed by you, and all User Content contributed through third party sites and services whom you have authorized to post User Content under your username (whether in the form of comments or any other form). If you believe User Content residing on the Site or the Service infringes a copyright, please see our Copyright Policy below.
Any comments, suggestions, or feedback relating to the Site or the Service (collectively 'Feedback') submitted to Timehop shall become the property of Timehop or its designee. Timehop will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Service, or operations. Without limitation, Timehop will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Timehop, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
4. RESTRICTIONS.
You are responsible for all of your activity in connection with the Service and accessing the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Timehop user. You may not use another user's account without permission.
You shall not use any part of the Site or Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal or harassing activity. Without limiting the foregoing or any other provision in these Terms of Use, you will not (a) run Maillist, Listserv, any form of auto-responder, or spam on the Site or through the Service; (b) access, monitor, or copy any Content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (e) deep-link to any portion of the Service for any purpose without our express written permission; (f) "frame", "mirror," or otherwise incorporate any part of the Service into any other website without our prior written authorization; or (g) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation.
5. WARRANTY DISCLAIMER.
Timehop has no special relationship with or fiduciary duty to you. You acknowledge that Timehop has no control over, and no duty to take any action regarding - which users gain access to the Site or Service; what Content you access via the Site or Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Timehop from all liability for your having acquired or not acquired Content through the Site. The Site or Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Timehop makes no representations concerning any content contained in or accessed through the Site or Service, and Timehop will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT NEITHER TIMEHOP NOR THE SITE WILL BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, TIMEHOP DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE THAT TIMEHOP IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE OR SERVICES; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE OR SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SITE OR SERVICES; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT.
6. THIRD PARTY WEBSITES.
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site, and may access, download, or use content or information from third party sites via the Services. By using the Service, you authorize and permit Timehop to present content and information to you from third party sites. Third party sites are not within the supervision or control of Timehop or the Site. Unless explicitly otherwise provided, neither Timehop nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. Timehop and the Site disclaim - (a) all responsibility and liability for content on third party websites, including but not limited to content from third party websites accessed using the Service, and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third party sites if you export User Content onto them. You hereby irrevocably waive any claim against the Site or Timehop with respect to such sites and third party content. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such third party materials and we disclaim any liability that you may incur arising from your access to or use of such third party materials via the Service.
7. REGISTRATION AND SECURITY.
As a condition to using Service, you may be required to supply Timehop with certain registration information, including registration information for third party services you access through Timehop. You shall provide Timehop with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your access to and/or use of the Site or Service. You may not (i) select or use as your username a name of another person with the intent to impersonate that person; or (ii) use as your username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your username a name that is otherwise offensive, vulgar or obscene. You shall never use another User's account or registration information, for Timehop or any third party services you access through Timehop, without permission. Timehop reserves the right to refuse registration of, or cancel a username in its discretion. You shall be responsible for maintaining the confidentiality of any and all Timehop logins, passwords, or other credentials that you select or that are provided to you for use in connection with the Site or the Services. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at legal@timehop.com. You hereby irrevocably authorize Timehop to disclose your personally identifiable information at the request of any state, federal or other governmental agency or in response to any judicial process (including, without limitation, a subpoena).
8. INDEMNITY.
You will indemnify and hold Timehop, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys'fees, from any claim or demand made by any third party due to or arising out of your access to the Site or use of the Service, your violation of these Terms of Use, or your infringement, or the infringement by any third party using your registration information, of any intellectual property or other right of any person or entity.
9. LIMITATION OF LIABILITY.
IN NO EVENT SHALLTIMEHOP, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. TIMEHOP'S AND THE SITE'S COLLECTIVE LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
10. TERMINATION.
Either party may terminate the Service at any time by notifying the other party by any means. Timehop may also terminate or suspend any and all Service and access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms of Use. Any fees paid hereunder are non-refundable. Upon any such termination, your right to use the Service, access the Site and any Content will immediately cease. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
11. PRIVACY.
Please review our Privacy Policy, which governs the use of personal information by Timehop and to which you agree to be bound as a user of the Site and Service.
12. APPLICABLE LAW.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Timehop agree that any cause of action arising out of or related to the Site or Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
By visiting https://www.timehop.com you agree to submit to the personal and exclusive jurisdiction of the courts of Middlesex County, Massachusetts.
13. MISCELLANEOUS.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Timehop shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Timehop's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Timehop's prior written consent. Timehop may transfer, assign or delegate these Terms of Use and its rights and obligations without consent. Both parties agree that these Terms of Use (including the Privacy Policy) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind Timehop in any respect whatsoever. Any notice to the Site that is required or permitted by these Terms of Use shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to hello@timehop.com or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to
TIMEHOP, LLC
50 Speen Street, Suite 202
Framingham, MA 01701
Attn Legal.
Copyright 2024. All rights reserved.
Last Updated JANUARY 1, 2024
Copyright Policy
Timehop has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/dmca.pdf) and other applicable laws. The address of Timehop's Designated Agent to Receive Notification of Claimed Infringement ('Designated Agent') is listed at the end of this policy. It is Timehop's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users; and (2) remove and discontinue service to repeat offenders. If you believe that Content residing on or accessible through Timehop Site or Service infringes a copyright, please send a notice of copyright infringement by facsimile or regular mail (not e-mail) to Timehop, Attn Legal (Copyright Agent), 50 Speen Street, Suite 202, Framingham, MA 01701, containing the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has een allegedly infringed;
Identification of works or materials being infringed;
Identification of the Content that is claimed to be infringing including information regarding the location of the ontent that the copyright owner seeks to have removed, with sufficient detail so that Timehop is capable of finding and erifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its gent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper infringement notification is received by the Designated Agent, it is Timehop's policy to remove or disable access to the infringing Content and to notify the Content provider or User that it has removed or disabled access to the Content; that repeat offenders will have the infringing Content removed from the Service and that Timehop will terminate such content provider's or User's access to the Site and the Service.
In the event that Timehop notifies User that Timehop has received proper infringement notification about User's Content, User may elect to send Timehop a counter notice.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act http://www.copyright.gov/legislation/dmca.pdf
To file a counter notification with Timehop, User must provide the following items to us in writing -
The specific URLs of material that Timehop has removed or to which Timehop has disabled access.
User's name, address, telephone number, and email address.
A statement that User consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The following statement "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
User's signature.
Send the written communication to the following address
TIMEHOP, LLC
50 Speen Street, Suite 202
framingham, mA 01701
Attn Legal (DMCA Counter-Notification)
Email hello@timehop.com
After we receive User's counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes User's personal information. By submitting a counter-notification, User consents to having User's information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Timehop. If we receive such notification we will not display, distribute or otherwise exploit the material. If we do not receive such notification, we may elect to do so.