Hello, and welcome to the TiM Terms of Service. Just below is a simple, non-binding summary of these terms, followed by the full, legally-binding set. This summary is for your convenience only and points out certain important user rights and responsibilities. Since you are bound by the full Terms of Service whenever you use TiM, please do read the full-length version. If you do not agree to any of these Terms, you may not use the TiM web site, application(s), or any other services provided by Caesium Standard, LLC.
TiM is an early access product that we are still testing and evaluating. As such, the Services may not be reliable or bug-free, so please keep that in mind. Additionally, it is only available for release on an invite-only, private basis, so please do not share its contents, functionality, or any other features with others outside of the early access programs run by Caesium. You are especially prohibited from sharing your username and password with others.
TERMS OF SERVICE
1. User Acknowledgments
Your use of the Services is subject to the limitations, conditions, and restrictions set forth in these Terms, established by us from time to time in our sole discretion. At a baseline level, you agree that you:
2. License to Use
Subject to these Terms, Caesium grants you a personal, non-exclusive, non-transferable, non-sublicenseable, limited, revocable license to use the Services as permitted herein. You agree to use information made available through the Services for personal purposes only. Caesium further grants to you the right to display, copy, download and distribute content and materials from the Site, provided that you 1) retain all copyright and other proprietary notices on the content materials; 2) use them solely for personal, non-commercial use; and 3) do not modify them in any way. Any violation by you of the license provisions herein may result in the immediate termination of your right to use the Site, as well as potential liability for copyright infringement, depending on the violation.
You understand that you may be required to install certain software or have Internet access in order for our Services to be available to you. You are responsible for these requirements and any charges required by your Internet service provider.
3. Intellectual Property
You acknowledge that Caesium owns all rights, title, and interest (including patent rights, copyrights, trade secret rights, trademark rights, sui generis database rights, and all other intellectual property rights, registered or unregistered, of any sort throughout the world) in its Services, in any and all versions, whether or not patentable, and any present and future rights in and to any works of authorship, mask works, designations, designs, know-how, ideas, and information made or conceived, in whole or in part, relating to the Services (collectively, “Intellectual Property”). Such ownership shall include rights in any advertising materials, websites, and their reproductions, further versions, revisions, and/or derivative works of the Services. Any goodwill existing or springing from this Agreement, except for the intellectual property of your content or from other sites of companies that we do not own or operate, shall inure to the benefit of Caesium and/or its assignees only. Other product and company names that are mentioned or displayed on TiM or provided as part of the Services may be trademarks or copyrights of their respective owners and Caesium does not claim to own any of such intellectual property. Except as may be expressly granted herein, Caesium does not grant to you any right, license, title, or interest in or to any of our Intellectual Property. You shall not copy without authorization, translate, reverse engineer, decompile, disassemble, or make derivative works from the Services or any Caesium Intellectual Property. You shall not remove, circumvent, disable, damage or otherwise interfere with any security-related feature of the Services or any other feature of the Services. You shall not use any means, automated or otherwise, to violate these restrictions. We reserve all rights not specifically granted.
Through your use of the Services, you may upload documents or submit personal information (production information, production office address and phone numbers, banking information, credit card information, etc.). You acknowledge and represent that you own and/or control all of that content and you may control how it is shared. For content protected by intellectual property rights that you upload to the Services or provide to us (e.g., production details), you agree to grant us a non-exclusive, transferable, royalty-free, fully sublicenseable and worldwide license to, view, display, use, reproduce, modify, adapt, publish, create derivative works from, distribute, copy, and display that content in connection with the Services. This license to us ends when you delete your content. To delete any of your content, email firstname.lastname@example.org. You also grant the right to other permitted users to view, copy, access, store, or reproduce your content for such user’s personal use.
4. Availability of Services
Caesium has no control over the Internet and its connectivity, and that sometimes means that interruptions in the Services may occur. While we take every reasonable action to make sure that the Services remain fully functional and up to date, there may come a time where the Services are unavailable, for any reason or no reason, including for routine maintenance. Due to circumstances either in our control or not in our control, access to the Service may be interrupted, suspended, or terminated. Caesium retains the right, in its sole discretion, to deny access to part or all of the Service to anyone, at any time and for any reason.
5. No Monitoring
While you are using the services, you acknowledge that we have no obligation to monitor your – or anyone else’s – access or use of the Services for violations of these Terms, or to review or edit any content. However, we reserve the right to do so for the purposes of improving and operating the Services, and preventing fraud through the use of our Services.
For your protection, Caesium may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet or any data network is secure, or that such transmissions will be free from delay, interruption, interception or error.
6. Personal Accounts
If required by law or a government agency, we may attempt to verify your identity through certain secured means. If we cannot verify your identity, we may suspend or cancel your access to our Services.
You are solely responsible for all uses of your account (“Account”). You should treat all Account passwords, user names, and the like as confidential and you should not disclose them to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. If you would like to report any such access or cancel your account, you may do so by sending an email to email@example.com
The communications between you, Caesium and other users via TiM will be via electronic means, whether you use TiM, send us messages or emails, or whether we post notices on the Services, communicate with you via the Services, or send you emails. You hereby consent to receive communications from Caesium in an electronic form, and agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications would satisfy as if it were in hard copy. The foregoing does not affect your non-waivable rights.
By creating an Account on TiM, you warrant and agree that you: (a) possess the authority to create a binding legal obligation, on behalf of yourself personally, and are not impaired in this ability; (b) that all the information you provide to Caesium for your Account is only about yourself and that all of such information is accurate, true, current, and complete; (c) your use of the Service will always comply with the terms of this Agreement; and (d) you will remain responsible for all uses of your Account, safeguard your password, and supervise the use of your Account.
7. Prices and Payments.
You agree to pay all charges and fees applicable to your account, including without limitation, sales taxes, in accordance with the billing terms that were in effect at the time the charges or fees became payable. Caesium reserves the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you).
If you choose to enroll in paid services through the Site, we will ask you to provide valid billing information in order to continue use of the Service. You may choose to stop using the Services at any time and your account will only be charged the full amount for the last billing cycle of use. There will be no termination fee or any other penalty for terminating your account. You may always choose to resume use of the Services at a later date, but your data may no longer be available.
All payments are due upon receipt of any invoice. If your account is past due for a period 30 days after billing, we reserve the right to freeze the account or otherwise suspend use without further written notice. Data in the account will be retained as necessary. Your account access will resume once your account is brought current.
If you choose to be billed automatically by our credit card payment option, we will automatically charge your account based on the payment schedule for your selected pricing plan, for full the amount due. Failed credit card transactions will result in the suspension of your account until valid billing information has been provided.
8. Third-Party Sites and Links
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. By using the Services, you expressly relieve us from any and all liability arising from your use of or communication with any third party that you may encounter as a result of the Services.
9. Geographic Restrictions
Caesium is based in the state of New York in the United States. We currently provide the Services for use only by persons located in the United States. You agree you will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with your use of this Site unless you have complied with all applicable U.S. and foreign government export laws and regulations. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
10. Modification and Termination
We may revise these Terms from time to time and in our sole discretion, without prior notice. All changes are effective immediately when we post them to the Services, and apply to all access and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You should revisit this page from time to time so that you are aware of any changes, as they are binding on you. If you do not agree to any changes we make to these terms, please discontinue use of the Services immediately. Continued use after notice of the changes will constitute acceptance of the terms in full. Finally, you may not modify these terms, in whole or in part. Any modification by you will be void and shall have no effect. We may change or discontinue the Services at any time without prior notice, and we reserve the right to terminate this Agreement at our election and for any reason, without prior notice.
11. Disclaimer of Warranties and Limitation of Liability
CAESIUM PROVIDES THE SERVICES ON AN "AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION: THE AVAILABILITY OR ACCURACY OF CONTENT OR MATERIALS, INFORMATION, OR SERVICE, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Caesium EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. Caesium MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Caesium MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. WE DO NOT CONTROL ANY OF THE ENTITIES WE WORK WITH OTHER THAN THOSE THAT WE OWN AND OPERATE. SHOULD THE SERVICE, IN ALL OF ITS FORMS, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU; YOU, AND NOT Caesium, SHALL ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. USERS IN STATES OR JURISDICTIONS THAT DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES MAY HAVE DIFFERENT LEGAL RIGHTS, WHICH MAY VARY BY JURISDICTION. IN SUCH STATES OR JURISDICTIONS OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL Caesium, ITS AFFILIATES OR OTHER PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. IF, FOR ANY REASON, Caesium IS DETERMINED TO HAVE FINANCIAL LIABILITY TO YOU, THE TOTAL LIABILITY SHALL BE LIMITED TO THE AMOUNT THAT YOU HAVE PAID US TO USE THE SERVICES, IF ANY.
You agree to indemnify Caesium and our members, managers, employees and agents, from any loss or damage, including, but without limitation to, reasonable attorneys’ fees both at trial and appellate levels, the expenses and costs which we may suffer from your activities on or use of the service, or as a result of the use of the information provided through the services, including without limitation any breach by you of this agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim. Caesium shall have the right to immediately terminate or suspend any of your passwords, accounts or subscriptions in the event we consider, in our sole discretion, any of your conduct to be unacceptable, or in the event you breach this agreement.
13. Jurisdiction/Disputes/Choice of Law
This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of New York, without regard to its conflict of law provisions. You hereby submit to the personal jurisdiction of the state and federal courts of the State of New York for resolution of all disputes. You hereby agree that the exclusive venue for any litigation under this Agreement shall be with any federal, state, or county court located in New York County, New York. In the event of a dispute between you and Caesium, each party shall be liable for their own attorneys’ fees, expenses, and costs both at trial and appellate levels.
15. Affirmation of Agreement
Thank you for reading this Agreement thoroughly and carefully. You hereby acknowledge and affirm that you have read and agree to be bound by all of the Agreement’s terms and conditions by clicking where indicated on the registration page and/or using the Services.