The TimexBlogs.com Web Site (the “Site”) is an online information service provided by Timex.com, Inc. (“Timex”), subject to your compliance with the terms and conditions set forth below. The Site includes message boards and other interactive functions (“Forums”) which allow feedback and submissions to Team Timex athletes and interaction between guests. In order to participate in the online discussion and submit comments to the Forums, however, users must register and agree to the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, OR BY POSTING ON ANY OF THE FORUMS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. TIMEX MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE 10 DAYS AFTER THE POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
You will not defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene or discourteous language or images; or provide content that is not related to the designated topic or theme of the forum. You shall remain solely responsible and liable for your use of the Forums. Timex reserves the right to remove or edit content from any Forum at any time and for any reason, however, Timex has no duty to do so, and is not responsible for the content or accuracy of any information in the Forums.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Timex, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Timex a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site or by e-mail to Timex by all means and in any media now known or hereafter developed. You also grant to Timex the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Timex for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Timex.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Timex. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Timex, Timex does not operate, control or endorse any information, products or services on the Internet in any way. Except for Timex identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Timex. You also understand that Timex cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. THE MATERIALS IN THIS SITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. If you are dissatisfied with any of the materials contained in this Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using THIS Site.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. TIMEX HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL TIMEX BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF TIMEX OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Timex LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Timex makes no representations whatsoever about any other web site which you may access through this one or which may link to the Site. When you access a non-Timex web site, please understand that it is independent from Timex, and that Timex has no control over the content on that web site. In addition, a link to a Timex web site does not mean that Timex endorses or accepts any responsibility for the content, or the use, of such web site.
Only registered guests who have expressly indicated their agreement to these Terms & Conditions may use any of the Forums. Registration is subject to the prior approval of Timex and your continued compliance with the terms of these Terms & Conditions. Timex reserves the right to refuse participation to any applicant or participant at any time in our sole discretion. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by Timex (including by e-mail). You are solely responsible for keeping your e-mail address and other contact information updated. As part of the registration process, you will select a password and a user ID. You also have to give us certain registration information, including a valid e-mail address, all of which must be accurate and updated. You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person’s authorization; or (iii) use a subscriber ID that Timex, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Timex.
Terms & Conditions directly applicable to use of the Forums include the following:
a. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other materials, whether publicly posted or privately transmitted, that you submit to any of the Forums (“Submitted Content”), are your sole responsibility. This means that you, and not Timex, are entirely responsible for all Submitted Content that you upload, post, e-mail or otherwise transmit via the Forums.
b. Timex does not endorse or control the Submitted Content delivered to the Site, and Timex has no obligation to monitor such Submitted Content. As such, Timex does not guarantee the accuracy, integrity or quality of any such Submitted Content. However, Timex reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Submitted Content, in whole or in part, that is in violation of these Terms & Conditions or that it deems to be objectionable or unacceptable for any reason whatsoever.
c. Timex further reserves the right at all times to preserve any Submitted Content or to disclose any Submitted Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Submitted Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Timex, its guests and the public.
d. Under no circumstances will Timex be liable in any way for any Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or for any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, emailed or otherwise transmitted via the Site, including the Forums.
e. You understand that the comments of others displayed in connection with your Submittted Content as used herein (“Third Party Comments”), may be disparaging, defamatory, embarrassing, or otherwise be of an unfavorable nature and may expose you to public ridicule, humiliation or condemnation. Timex expressly disclaims any liability for any Third Party Comments. You acknowledge and agree that Timex shall have the right (a) to include any Third Party Comments on the Site and in any and all forms of advertising, promotion, and publicity for the Site and/or the Submitted Content, and (b) to broadcast and otherwise exploit the Submitted Content with or without Third Party Comments in any manner, and in any media, whether now existing or hereafter developed.
f. By registering, accepting these Terms & Conditions, and uploading Submitted Content, you represent and warrant to Timex the following: (a) you are at least 18 years of age, (b) all of the information provided by you to Timex to enroll and participate in the Forums is correct and current; (c) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in the Submitted Content, to enter into this Agreement and to grant the rights granted herein; (d) you are the creator of the Submitted Content you upload to the Site (or are specifically authorized to upload the Submitted Content by the copyright holder), and did not take any of its elements from a source such as another Web site, publication, recording, film, or video; (e) you have made any required payments to guilds, performing rights societies, or to any other body or group representing authors, composers, musicians, artists, and other participants in the production of the Submitted Content, or other entities having legal or contractual rights of any kind to payments as a result of distribution or exhibition of the Submitted Content; and (f) you have the legal right and authority to agree to, perform the acts required of you, and to grant the rights and licenses described in these Terms & Conditions.
g. You will not use the Forums to:
a. Restrict or inhibit any other guest from using and enjoying the Site;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, an employee or representative of Timex (including any Team Timex athlete), or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submitted Content;
e. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any Submitted Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any unlawful, harmful, threatening, abusive, harassing, invasive of another’s privacy, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
g. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any Submitted Content that either involves nudity (including partial or complete nudity of any person under age 18); exploits persons under age 18, or discloses any personally identifying information about persons under age 18)
h. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
i. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any information, software or other material which contains a virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other harmful component; or
j. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site or in any way exploit any information, software or other material for commercial purposes or which contains any form of solicitation (including, but not limited to, “junk mail,” “spam,” “chain letters,” and “pyramid schemes”), advertising, promotion, marketing for goods or services, or any form of lottery, sweepstakes, or gambling;
k. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other guests of the Site are able to type, or otherwise act in a manner that negatively affects other guests’ ability to access the site or participate in the Forums;
l. Interfere with or disrupt the Site or servers or networks serving the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
m. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
n. “Stalk” or otherwise harass another; or
o. Collect or store personal data about other guests.
You agree to indemnify, defend and hold harmless Timex, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.
5. Third Party Rights.
The provisions of paragraphs 2 (Use of the Site), 3 (Forums) and 4 (Indemnification) are for the benefit of Timex and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
6. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Site is controlled and operated by Timex from its headquarters in Middlebury, Connecticut, United States of America. Timex makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the State of Connecticut and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Timex’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Timex may assign its rights and duties under this Agreement to any party at any time without notice to you.