The following describes the terms by which uTemporis, Inc., owner and creator of the uTemporis service offers you access to our mobile phone device, website and services:
1.Acceptance of Terms
uTemporis, Inc. ("UT") provides a mobile phone device allowing Users' to search, schedule and do other functions using the Time to Enjoy including but not limited to event detail pages, venue detail pages, link sharing, data input tools, and Web Services application programming interfaces (APIs), (collectively referred to hereafter as "the Service") subject to the following Terms of Service ("Terms"), which may be updated by uTemporis from time to time. uTemporis will provide notice of materially significant changes to the Term by posting notice on the uTemporis site. You can review the most current version of the Terms at: http://www.timetoenjoy.com/terms.
By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular uTemporis services, you agree to abide by any applicable posted guidelines for all uTemporis services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that uTemporis does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Service and Content available through the Service may contain links to other websites, which are completely independent of uTemporis. uTemporis makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will uTemporis be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that uTemporis does not pre-screen or approve Content, but that uTemporis shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
3. uTemporis Communications
In the course of providing you services, uTemporis will communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of the uTemporis Service,
4. Conduct and Responsibilities.
- You are solely responsible for your conduct and any content that you submit, post, and display on the Service.
- You are responsible for any activity or Content associated with your screen name.
- You are responsible for keeping your password secure.
- You must be 13 years of age or older to use the Service.
- You must not submit Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way.
- You must not submit Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- You must not submit Content that impersonates any person or entity, including, but not limited to, an UTemporis employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
- You must not submit Content that includes non-public personal or identifying information about another person without that person's explicit consent.
- You must not submit Content that is false, deceptive, misleading, deceitful, disinformation, or constitutes "bait and switch".
- You may not use the Service for any illegal or unauthorized purpose.
- International users agree to comply with all local laws regarding online conduct and acceptable content.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with uTemporis.
- You must not create or submit unwanted email to any uTemporis users ("SPAM").
- You must not create or submit intentionally false or misleading information.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must get express authorization from uTemporis before you can use any portion of the Service, including any Content or use of uTemporis API, for any commercial purpose.
- Violation of any of these terms will result in the termination of your uTemporis account. While uTemporis prohibits such conduct and content on its site, you understand and agree that uTemporis cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Service at your own risk.
5. General Conditions
We reserve the right to modify or terminate all or any portion of the Service for any reason, without notice at any time.
We reserve the right to alter these Terms at any time. If the alterations constitute a material change to the Terms, we will notify you via email (if you've provided us with your email address) as well as on the Terms page itself. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.
Although uTemporis does not claim ownership of Content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant to uTemporis an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses (through multiple tiers) of the foregoing.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify uTemporis' agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at copyright at uTemporis.com, or:
6365 Nancy Ridge Drive
San Diego, CA 92121
Please provide our Agent with the following Notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed.
- Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the website.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
- Your address, telephone number, and email address and...
- Your physical or electronic signature.
7. Privacy and Information Disclosure
8. No Spam Policy
You understand and agree that sending unsolicited email advertisements to uTemporis email addresses or through uTemporis computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of uTemporis computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Â§ 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. Termination of service
You agree that uTemporis, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if uTemporis believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that uTemporis shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
10. Disclaimer of Warranties
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, uTEMPORIS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, and PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, UTEMPORIS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, UTEMPORIS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL UTEMPORIS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF UTEMPORIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold uTemporis, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
13. General information
The Terms constitute the entire agreement between you and uTemporis and govern your use of the Service, superseding any prior agreements between you and UTemporis. The Terms and the relationship between you and UTemporis shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and uTemporis agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of uTemporis to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to abuse at uTemporis.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
15. Third Party Notices
- This Product uses icons from WPZOOM_Social_Media Icons set by WpZOOM licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.
- This product uses fonts from Gesture Works licensed under Creative Commons Attribution Share Alike 2.0 license.(http://gestureworks.com)
- This product uses icons from glyphish .com.
- This product uses Geobytes GeoWorldMap.
Geobytes GeoWorldMap Shareware Licence Agreement
Copyright © 2003 Geobytes Inc. All rights reserved.
This is a legal agreement between you, the "end user," and Geobytes Inc. (Geobytes).
By using, copying, transmitting, distributing or installing GeoWorldMap, you agree to all of the terms of this License. If you do not agree to any of the terms of this License, then do not use, copy, transmit, distribute, or integrate GeoWorldMap.
Ownership and Copyright
Title, ownership rights and intellectual property rights in and to GeoWorldMap Database and all copies thereof shall remain in Geobytes. GeoWorldMap Database is copyrighted and protected by United States copyright laws and international treaty provisions.
(a) not to remove any copyright notice and/or license agreements from GeoWorldMap Database;
(b) to reproduce all such notices on any copies madeNo Warranty
This software, and all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume the entire risk of using the data.
Geobytes makes, and you receive, no warranties or conditions, express, implied, statutory, or otherwise, and Geobytes specifically disclaims any implied warranties of merchantability, noninfringement and fitness for a particular purpose. Geobytes does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. You assume the responsibility for the selection of your requirements, software, and hardware to achieve your intended results; for installation; for use; and that the operations of the Software will be uninterrupted or error free.
In no event shall Geobytes, or its principals, shareholders, officers, employees, affiliates, be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of GeoWorldMap, or your relationship with Geobytes.
You are hereby licensed to make as many copies of the Shareware version of this software and documentation as you wish, give exact copies of the original Shareware version to anyone, and distribute the Shareware version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above.
* Copyright (c) 2007-2011, All-Seeing Interactive* All rights reserved.** Redistribution and use in source and binary forms, with or without* modification, are permitted provided that the following conditions are met:* * Redistributions of source code must retain the above copyright* notice, this list of conditions and the following disclaimer.* * Redistributions in binary form must reproduce the above copyright* notice, this list of conditions and the following disclaimer in the* documentation and/or other materials provided with the distribution.* * Neither the name of the All-Seeing Interactive nor the* names of its contributors may be used to endorse or promote products* derived from this software without specific prior written permission.** THIS SOFTWARE IS PROVIDED BY All-Seeing Interactive ''AS IS'' AND ANY* EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED*
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE* DISCLAIMED. IN NO EVENT SHALL All-Seeing Interactive BE LIABLE FOR ANY* DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES* (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;* LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND* ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT* (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS* SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.A different license may apply to other software included in this package, including GHUnit and Andrew Donoho's Reachability class. Please consult their respective headers for the terms of their individual licenses.
Copyright (c) 2010-2011 Sam Soffes.Permission is hereby granted, free of charge, to any person obtaininga copy of this software and associated documentation files (the"Software"), to deal in the Software without restriction, includingwithout limitation the rights to use, copy, modify, merge, publish,distribute, sublicense, and/or sell copies of the Software, and topermit persons to whom the Software is furnished to do so, subject tothe following conditions:The above copyright notice and this permission notice shall beincluded in all copies or substantial portions of the Software.THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BELIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTIONOF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTIONWITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Copyright (C) 2007–2011 Stig Brautaset. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.
You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and limitations under the License
Open Source Initiative OSI - The MIT License (MIT):Licensing
The MIT License (MIT)
Copyright (c) year, copyright holders
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE