Terms of Service

The following terms and conditions govern all use of the Timegarden.com websites and mobile application and all content, services and products available at or through the websites and mobile application (collectively, “the Website”). The Website is owned and operated by Houstalgia, Inc. (“Houstalgia”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Timegarden’s Privacy Policy) and procedures that may be published from time to time on this Site by Houstalgia (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Houstalgia, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your Timegarden.com Account and Site

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account including but not limited to the creation of a Story (or Stories), sending messages and any other actions taken in connection with the account (collectively, “Your Account”). You must not describe or assign keywords to content which you add to the Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Houstalgia may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Houstalgia liability. You must immediately notify Houstalgia of any unauthorized uses of Your Account or any other breaches of security. Houstalgia will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you operate a account, comment on a account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a document file, a 3-D printer file, any media or data file in any form or computer software. By making Content available, you represent and warrant that:

By submitting Content to Houstalgia for inclusion on the Website, you grant Houstalgia and Timegarden.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, publish and share the Content based on your privacy settings. If you delete Content, Houstalgia will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Houstalgia has the right (though not the obligation) to, in Houstalgia’s sole discretion (i) refuse or remove any content that, in Houstalgia’s reasonable opinion, violates any Houstalgia policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Houstalgia’s sole discretion. Houstalgia will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal

General Terms

Optional paid services such as subscriptions may be available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Houstalgia the one-time fee or monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

Automatic Renewal

Unless you notify Houstalgia before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Your Account section of the Website.

4. Responsibility of Website Visitors

Houstalgia has not reviewed, and cannot review, all of the material, including files, notes, videos, pictures, PDF’s, documents and any other form of media or data posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Houstalgia does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Houstalgia disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Timegarden.com links, and that link to Timegarden.com. Houstalgia does not have any control over those non-Timegarden websites and webpages, and is not responsible for their contents or their use. By linking to a non-Timegarden website or webpage, Houstalgia does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Houstalgia disclaims any responsibility for any harm resulting from your use of non-Timegarden websites and webpages.

6. Copyright Infringement and DMCA Policy

As Houstalgia asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Timegarden.com violates your copyright, you are encouraged to notify Houstalgia in accordance with Houstalgia’s Digital Millennium Copyright Act (“DMCA”) Policy, also accessible through the “Copyright” link in our footer. Houstalgia will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Houstalgia will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Houstalgia or others. In the case of such termination, Houstalgia will have no obligation to provide a refund of any amounts previously paid to Houstalgia.

7. Intellectual Property

This Agreement does not transfer from Houstalgia to you any Houstalgia or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Houstalgia. Houstalgia, Timegarden, Timegarden.com, the Timegarden.com logo, and all other trademarks, service marks, graphics and logos used in connection with Timegarden.com, or the Website are trademarks or registered trademarks of Timegarden, Timegarden.com, Houstalgia or Houstalgia’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Timegarden, Timegarden.com, Houstalgia or third-party trademarks.

8. Advertisements

Houstalgia reserves the right to display advertisements or affiliate links on Your Account unless Houstalgia or Timegarden offers a Upgrade “ad-free” or “affiliate-free” service and you have purchased an “ad-free” or “affiliate-free” Upgrade. At the present time (October20,2015) Houstalgia does not offer such a service and does not display advertising or affiliate links.

9. Attribution

Houstalgia reserves the right to display attribution links such as ‘Account at Timegarden.com,’ theme author, and font attribution in Your Account footer or toolbar. Footer credits and the Timegarden.com toolbar may not be altered or removed regardless of upgrades purchased.

10. Changes

Houstalgia reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Houstalgia may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

11. Termination

Houstalgia may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Timegarden.com account (if you have one), you may simply close your account and discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimer of Warranties

The Website is provided “as is”. Houstalgia, Timegarden and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Houstalgia, Timegarden nor its suppliers and licensors, makes any warranty that the Website 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, the Website at your own discretion and risk.

13. Limitation of Liability

In no event will Houstalgia, Timegarden, or its suppliers or licensors, be liable with respect to any subject matter of this 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 the fees paid by you to Houstalgia under this agreement during the twelve (12) month period prior to the cause of action. Houstalgia shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Houstalgia Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification

You agree to indemnify and hold harmless Houstalgia, Timegarden, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

16. Right to Merge Duplicate Subjects

Certain content on Timegarden such as Person Stories and Structure Stories and certain Object Stories are meant to represent real world subjects. As such, it is part of our companies strategy to have only one Story representing these real world subjects – Abraham Lincoln being an example of a Person Story Story or the Lincoln Memorial being an example of a Structure Story or Abraham Lincolns bible being an example of an Object Story .From time to time we may feel that there are just too many of one subject, and in the interest of all of our users, merge those subjects together into one more complete Story. Also, we may have a tool which users can use to do these functions themselves.

17. Timegarden Newsletters and Communications

When you register for Timegarden you agree to subscribe to the Timegarden Newsletter. You can always unsubscribe at any time so you won’t receive our newsletter anymore) by clicking the “Unsubscribe” link on the bottom of the email communication. Timegarden newsletters come in the form of emails which are sent about once a week to Timegarden users and they contain a variety of information including Timegarden promotions, tips, how-to’s, content, trending Stories and more.

18. Miscellaneous

This Agreement constitutes the entire agreement between Houstalgia and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Houstalgia, or by the posting by Houstalgia of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Suffolk County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Houstalgia may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

These terms were adapted and modified from terms created by Automattic for WordPress through a Creative Commons Sharealike license. (Thank’s Automattic!)