Terms of Services

I. Introduction

Please read these Terms of Use (“Terms”) carefully before using the Timelapse Service. These Terms include Timelapse’s Privacy Policy, which is incorporated by reference into these Terms. These Terms constitute a binding agreement between you and Timelapse LLC and its affiliates and subsidiaries (“Timelapse,” “we,” “us”). “You” and “users” shall mean all visitors to the Timelapse Service. You accept these Terms each time you access the Timelapse Service. If you do not accept these Terms, you must not use the Timelapse Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Timelapse Service.

This agreement is a legally binding contract. It may change as our service changes, and you agree you will review it and any updates regularly.

Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Timelapse Service after a change to these Terms constitutes your binding acceptance of these Terms. Children. No part of the Timelapse Service is directed to persons under the age of 13. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Timelapse Service.

 

II. The Timelapse Service

The “Timelapse Service” means the website located at www.timelapsesf.com and any associated software, applications, and Internet services under Timelapse’s control, whether partial or otherwise, used in connection with providing the services provided by Timelapse. The Timelapse Service provides an online platform to enable you to view information online and through other connected devices about classes, courses, workshops, and other education programs and events offered by Timelapse (collectively, “Courses”). These Marketing Courses may be made available for free or for a fee, in Timelapse’s sole discretion. The Timelapse Service will also permit the community of users of the Timelapse Service to engage in discussions and communications with one another and with the Instructors.

Sign Up for a Course. You may sign up for a Course using the Timelapse Service. We cannot promise the availability of the Course.

Cancellation Policies. We determine the rescheduling and cancellation policies and apply them at our discretion. You should contact us directly for any rescheduling or cancellation questions.

Any students is able to withdraw from the classes.

If you withdraw 3 weeks before the class, you will receive a full refund for the class you’re withdrawing from.

If you withdraw before the class but within 3 weeks of the beginning of your class, you will receive a 50% refund.

If you withdraw after the 1st day of the class, you will receive a pro rata refund if you have completed 60 percent or less of your course through the last day of attendance. If you have completed more than 60% of the period of attendance for which you were charged, the tuition is considered earned and you will receive no refund.

Information You Provide to Instructors. Your Instructors may ask for information, such as your email address, from you to help facilitate the provision of the Course. Instructors are required to use this information only to communicate about Course materials in a professional manner. However, you agree that we are not responsible for any use of this information by an Instructor for other purposes.

We use third-party services to help us provide the Timelapse Service, but such use does not indicate that we endorse them or are responsible or liable for their actions.

Third-Party Services. The Timelapse Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Timelapse Service. Some of these third-party websites may use Timelapse Content (defined below) under license from Timelapse. Timelapse is not responsible for these third-party websites, whether or not Timelapse is affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that Timelapse is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Timelapse Service. We are not your attorney or financial advisor, and we do not provide any legal or financial advice.

Timelapse Is Not Your Attorney or Financial Advisor. Do not contact Timelapse for legal or financial advice. You agree and acknowledge that Timelapse, and its Instructors, are not a law firm and are not authorized to practice law in any jurisdiction. Timelapse does not give legal advice in any form or practice law in any way. The information obtained from or through the Timelapse Service is for information purposes only, and you are solely responsible for confirming the accuracy and appropriateness of such information for your own business or venture with your own tax, financial, and legal advisors. Timelapse, and its Instructors, are not establishing an attorney-client relationship with you through your use or access of the Timelapse Service.

Featuring Your Student Work. We may promote Timelapse using the work you completed as part of completing a Course (“Student Work”) with your permission, and you grant Timelapse a nonexclusive license to use your name in combination with your Student Work in any and all media in connection with Timelapse’s promotional efforts. Our use will be limited to promoting Timelapse.

 

III. Financial Matters

You Agree To Pay Us For Your Purchases. You agree to pay for all products and services that you purchase through the Timelapse Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Timelapse Service.

Third-Party Payment Processors. Timelapse currently uses third-party payment processors for electronic commerce. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal.

Availability of Certain Forms of Payment. Timelapse makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the Timelapse Service.

Pre-Authorization. When you provide a credit card number to us to activate and/or pay for any fees related to Timelapse, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

Timing of Charges. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together. You may send us an email to dispute charges to your account within 30 days of the charge.

Disputed Charges. You agree to submit any disputes regarding any charge to your account in writing to Timelapse within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by sending an email to use at contact@d82.a29.myftpupload.com.

  1. “Taxes” include sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the Timelapse Service. Timelapse is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.

Fees Charged by Third-Party Payment Processors. The Timelapse Service uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and Timelapse is not responsible for any fees charged by them. Timelapse disclaims all liability with regards to any fees or problems you have with third-party payment processors.

 

VI. Communications

Timelapse may communicate with you by email or posting notice on the Timelapse Service. You may request that we provide notice of security breaches in writing.

You agree to receive email from us at the email address you provided to us for customer service related purposes.

Electronic Notices. By using the Timelapse Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Timelapse Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Timelapse Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at contact@d82.a29.myftpupload.com.

 

VII. Timelapse’s Content Ownership and Use

Timelapse owns all of the content we create, but you may use it while you use the Timelapse Service. You cannot use our logo without our written permission.

The contents of the Timelapse Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Timelapse content (collectively, “Timelapse Content”). All Timelapse Content and the compilation (meaning the collection, arrangement, and assembly) of all Timelapse Content are the property of Timelapse or its licensors and are protected under copyright, trademark, and other laws.

License to You. We authorize you, subject to these Terms, to access and use the Timelapse Service and the Timelapse Content solely for the use of Timelapse’s services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Timelapse Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Timelapse Content on any copy you make of the Timelapse Content.

No material made available on or through the Timelapse Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded from the Timelapse Service, in which case you are authorized to download a single copy of such materials for your own use. For example, certain Course materials may be made available as unprotected PDF files that can be downloaded by registered Course participants and/or other users of the Timelapse Service. Materials not made available for download may not be downloaded or copied without prior written permission. Modification of materials obtained from the Timelapse Service, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of Timelapse or its licensors, unless you have obtained express written authorization to the contrary.

No Commercial Use. No materials obtained from the Timelapse Service, even if authorized for download from the Timelapse Service, may be redistributed, nor may they be used for any commercial purpose, without Timelapse’s prior written permission. Notwithstanding the prior sentence, the use of Course materials by a registered student of a Course for the development of a business, venture, or idea of which the registered student is actively involved as a founder or employee shall not be deemed a commercial purpose, but no additional reproductions may be made of any such materials, either electronically or in hard copy.

Additional Licenses. Certain materials made available for download from or through the Timelapse Service may be subject to additional or different license terms and conditions, such as terms and conditions set forth in a Creative Commons license. Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.

No Implied Rights. There are no implied licenses granted in these Terms.

Timelapse Marks. Timelapse, the Timelapse logo, and other Timelapse logos and product and service names are or may be trademarks of Timelapse (the “Timelapse Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Timelapse Marks.

 

VIII. Intellectual Property Rights and Our License to Use

You, or the people who allow you to use their content, own all of the content you post using the Timelapse Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.

It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.

Timelapse Claims No Ownership. The Timelapse Service may provide you with the ability to create, post, or share content, including messages in chat rooms and Student Work (“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.

Timelapse’s Use of Your User Content.The Timelapse website uses cookies, tracking pixels and related technologies. Cookies are small data files that are served by our platform and stored on your device. Our site uses cookies dropped by us or third parties for a variety of purposes including to operate and personalize the website. Also, cookies may also be used to track how you use the site to target ads to you on other websites. You can opt-out of receiving targeted ads served by us: You can opt out of receiving targeted ads served by us or on our behalf by clicking on the blue icon in the corner of the ads we serve or by clicking here. Please note that, if you delete your cookies or upgrade your browser after having opted out, you will need to opt out again. Further, if you use multiple browsers or devices you will need to execute this opt out on each browser or device. If you opt-out we may collect some data about your online activity for operational purposes (such as fraud prevention) but it won’t be used by us for the purpose of targeting ads to you.You can opt-out of receiving targeted ads served by us or other advertising companies: AdRoll is also a member of the Network Advertising Initiative (NAI) and adheres to the NAI Code of Conduct. You may use the NAI opt out tool here, which will allow you to opt out of seeing targeted ads from us and from other NAI approved member companies.

By creating, posting, or sharing Your User Content, except for Student Work, on or through the Timelapse Service, and subject to Timelapse’s Privacy Policy, you grant Timelapse a perpetual, transferrable, world-wide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, or display Your User Content, except for Student Work, for any purpose without compensation to you, including for the purpose of promoting Timelapse and our services. You waive any rights you may have regarding Your User Content, except for Student Work, being altered or manipulated in any way that may be objectionable to you. We reserve the right to refuse to accept, post, display, or transmit any User Content in our sole discretion. Timelapse will discontinue this licensed use within a commercially reasonable period after Your User Content is removed from the Timelapse Service.

If you are an instructor, the license grant above is also applicable to any content you create for the purpose of your Course (such as syllabi, slides or homework).

You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the Timelapse Service, any right, title, or interest (including intellectual property rights) in content delivered via the Timelapse Service.

You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Timelapse Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the Timelapse Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the Timelapse Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the Timelapse Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

The Timelapse Service contains content from users and other Timelapse licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Timelapse Service.

 

IX. Copyright Policy

Tell us if you think a user has violated your copyright using the Timelapse Service, or if you think someone incorrectly reported that you violated his or her copyright.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Timelapse Service infringe your copyright, you (or your agent) may send Timelapse a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Timelapse Service are covered by a single notification, a representative list of such works);
  3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Timelapse to locate the material on the Timelapse Service;
  4. Your name, address, telephone number, and email address (if available);
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Timelapse a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.

 

X. Suggestions and Submissions

We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.

We appreciate hearing from our users and welcome your comments regarding the Timelapse Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:

  1. own, exclusively, all now known or later discovered rights to the creative ideas;
  2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
  3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

 

XI. User Content Disclaimers, Limitations, and Prohibitions

You are responsible for your actions when using and relying on the Timelapse Service or content available on the Timelapse Service.

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Timelapse Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.

You are solely responsible for Your User Content on the Timelapse Service. Timelapse does not endorse any, nor is it responsible for, User Content on the Timelapse Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

Do not do bad things with the Timelapse Service, try to break it, or steal our hard work.

You agree to use the Timelapse Service only for its intended purpose. You must use the Timelapse Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Timelapse Service are prohibited. You may not:

  1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Timelapse Service, user accounts, or the technology and equipment supporting the Timelapse Service;
  2. frame or link to the Timelapse Service without permission;
  3. use data mining, robots, or other data gathering devices on or through the Timelapse Service;
  4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
  5. disclose personal information about another person or harass, abuse, or post objectionable material;
  6. sell, transfer, or assign any of your rights to use the Timelapse Service to a third party without our express written consent;
  7. post advertising or marketing links or content, except as specifically allowed by these Terms;
  8. use the Timelapse Service after your account has been terminated, without our consent;
  9. use the Timelapse Service in an illegal way or to commit an illegal act in relation to the Timelapse Service or that otherwise results in fines, penalties, and other liability to Timelapse or others; or
  10. access the Timelapse Service from a jurisdiction where it is illegal or unauthorized.

 

XII. Consequences of Violating These Terms

If you do not act acceptably, we may prohibit your use of the Timelapse Service.

We reserve the right to suspend or terminate your account and prevent access to the Timelapse Service for any reason, at our discretion. We reserve the right to refuse to provide the Timelapse Service to you in the future.

Timelapse may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Timelapse Service.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Timelapse Service.

 

XIII. Timelapse’s Liability

We are not liable for the actions of our users when they use the Timelapse Service. We may also change the Timelapse Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Timelapse Service or other websites.

Changes to the Timelapse Service. We may change, suspend, or discontinue any aspect of the Timelapse Service at any time, including hours of operation or availability of the Timelapse Service or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Timelapse Service, including POP licensing or relationship authentication. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Timelapse of all claims, demands, and damages in disputes among users of the Timelapse Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Timelapse Service.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Timelapse Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Timelapse Service. Use the Timelapse Service at your own risk. Third-Party Websites. The Timelapse Service may include links to third party websites and applications, such as Schoology. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

We make no promises and disclaim all liability of specific results from the use of the Timelapse Service.

Released Parties Defined. “Released Parties” include Timelapse and its affiliates, officers, employees, agents, service providers, partners, Instructors, and licensors.

A. DISCLAIMER OF WARRANTIES

You use the Timelapse Service at your own risk. We make no warranties or guarantees.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE TIMELAPSE SERVICE IS AT YOUR SOLE RISK, AND THE TIMELAPSE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE TIMELAPSE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE TIMELAPSE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE TIMELAPSE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TIMELAPSE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE TIMELAPSE SERVICE WILL MEET YOUR EXPECTATIONSAND, AND (iv) ANY ERRORS IN THE TIMELAPSE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TIMELAPSE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

B. LIMITATION OF LIABILITY AND INDEMNIFICATION

We are not liable for anything that happens to you that somehow may be connected to your use of the Timelapse Service. You may be responsible for our legal fees and costs arising out of your use of the Timelapse Service.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TIMELAPSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE TIMELAPSE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE TIMELAPSE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE TIMELAPSE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE TIMELAPSE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TIMELAPSE SERVICE OR YOUR USE OF TIMELAPSE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Timelapse Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

 

XIV. General Terms

These Terms constitute the entire agreement between you and Timelapse concerning your use of the Timelapse Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these 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 these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

 

XV. Arbitration, Class Waiver, and Waiver of Jury Trial

We are located in San Francisco, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Timelapse Service.

These Terms and the relationship between you and Timelapse shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Timelapse agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Timelapse Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in San Francisco, California. You covenant not to sue Timelapse in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Timelapse Service or these Terms:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
  • YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Contact Information

Timelapse LLC
e. contact@d82.a29.myftpupload.com