Terms of service
1. ACCEPTANCE OF TERMS.
2. USE OF THE SERVICE.
3. CONTENT OF THE SITE AND SERVICES.
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.
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.
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.
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.
9. LIMITATION OF LIABILITY.
12. DISPUTE RESOLUTION.
401 Broadway, Suite 1100
New York, NY 10013
Copyright 2018 Timehop, Inc. All rights reserved.
Last Updated April 30, 2018
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, Inc., Attn Legal (Copyright Agent), c/o Timehop Inc., 401 Broadway, Suite 1100, New York, NY 10013, 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."
Send the written communication to the following address
401 Broadway, Suite 1100
New York, NY 10013
Attn Legal (DMCA Counter-Notification)
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.