Welcome to TIMAMOUNE. These are the terms of use (“Terms of Use”) for your use of our Website, www.timamoune.com (the “Website”) owned and controlled by TIMAMOUNE, Inc. You may be accessing our Website from a computer or mobile phone device and these Terms of Use govern your use of our Website and your conduct, regardless of the means of access.

By using the Website, you signify your agreement to these Terms of Use, our Privacy Policy and our Guidelines and Rules, whether or not you have read them. If you do not agree with any of these, you should not use our Website.

TIMAMOUNE, Inc. reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If TIMAMOUNE, Inc. decides to change these Terms of Use, TIMAMOUNE, Inc. will post a new version on the Website and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. Your continued use of the Website following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Website. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Website.

COPYRIGHT
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Website is the exclusive property of TIMAMOUNE, Inc. and protected by U.S. and international copyright laws. All software used on the Website is the property of TIMAMOUNE, Inc. or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Website for the sole purpose of placing an order with TIMAMOUNE, Inc., or using the Website as a shopping resource. Any other use of materials on the Website – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of TIMAMOUNE, Inc. is strictly prohibited.

TRADEMARKS
TIMAMOUNE and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of TIMAMOUNE, Inc. and may not be used in connection with any product or service that is not offered by TIMAMOUNE, Inc. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TIMAMOUNE, Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

COLOR INFORMATION

TIMAMOUNE, Inc. has tried to accurately display the colors of products on the Site, the actual colors you see will depend on your monitor and may not be accurate.

RESPONSIBILITY FOR YOUR CONTENT
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Website, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Website.

YOUR USE OF CONTENT ON THE WEBSITE AND LIMITATION OF LIABILITY
TIMAMOUNE, Inc. provides the Website and all other applications and services on the Website as a forum only. TIMAMOUNE, Inc. is not liable for any statements, representations, or Content provided by its users in any public forum on the Website or any Third Party Site. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Website or any Third Party Site, is not controlled by TIMAMOUNE, Inc. TIMAMOUNE, Inc. cannot guarantee the accuracy, integrity or quality of such Content. Under no circumstances will TIMAMOUNE, Inc. be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Website or through the Interactive Services.

You may access the Content and any other content on the Website only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, including by using any device, software or routine to bypass robot exclusion headers. TIMAMOUNE, Inc. reserves all rights not expressly granted in and to the Content.

Your Content Submissions
By submitting Content to TIMAMOUNE, Inc., you represent and warrant that:

♦ You understand you are participating in a public forum and that your Content will be available to all other users of the Website, and potentially Third Party Website;

♦ You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize TIMAMOUNE, Inc. to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Website and these Terms of Use);

♦ All “moral rights” that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;

♦ All Content that you post is accurate;

♦ You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use; and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You also represent and warrant that any Content you submit:

♦ Is not false, inaccurate or misleading;

♦ Does not harm minors;

♦ Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

♦ Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

♦ Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

♦ Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;

♦ Is not submitted for compensation or other consideration from any third party; does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

♦ Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;

♦ Is not unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and

♦ Does not contain any computer viruses, worms or other potentially damaging computer programs or files.

TIMAMOUNE, Inc. does not endorse any Content or any opinion, recommendation or advice expressed therein, and TIMAMOUNE, Inc. disclaims all liability with respect to the Content.

If your Content includes ideas, suggestions, documents or proposals to TIMAMOUNE, Inc. through the, (a) such Content is not confidential or proprietary and TIMAMOUNE, Inc. has no obligation of confidentiality, express or implied, with respect thereto; (b) TIMAMOUNE, Inc. may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from TIMAMOUNE, Inc. under any circumstances unless you are otherwise notified by TIMAMOUNE, Inc. in writing.

For any Content that you submit, you grant TIMAMOUNE, Inc. a worldwide, perpetual, irrevocable, royalty-free and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.

THIRD PARTY CONTENT AND THIRD PARTY WEBSITE
TIMAMOUNE, Inc. may provide content of third parties (“Third Party Content”) or links to Third Party Website as a service to those interested in this information. TIMAMOUNE, Inc. does not monitor, approve or have any control over any Third Party Content or the Third Party Website and the inclusion of links to Third Party Content or Third Party Website does not imply any association or relationship between TIMAMOUNE, Inc. and such third party. TIMAMOUNE, Inc. does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. TIMAMOUNE, Inc. is not responsible for updating or reviewing Third Party Content or Third Party Website. You use Third Party Content and Third Party Website at your own risk. Third Party Content, including comments from third party users submitted to TIMAMOUNE, Inc. through the Interactive Services, do not necessarily reflect the views of TIMAMOUNE, Inc..

MOBILE SERVICES
If you access the Website via your mobile phone, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

SHIPPING SERVICES

RESERVATION OF RIGHTS

TIMAMOUNE, Inc. reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use and the Website and to block or prevent your future access to and use of the Interactive Services and the Website. TIMAMOUNE, Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of TIMAMOUNE, Inc. (and its employees), its users and the public.

Disclaimer
TIMAMOUNE, Inc. IS PROVIDING THE WEBSITE, ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE OR AS PART OF. TO THE FULLEST EXTENT PERMITTED BY LAW, TIMAMOUNE, Inc. DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, TIMAMOUNE, Inc. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

TIMAMOUNE, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless TIMAMOUNE, Inc. (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Website and; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Website and the Interactive Services.

APPLICABLE LAW
The Website is created and controlled by TIMAMOUNE, Inc. in the State of FLORIDA, U.S.A. As such, the laws of the State of FLORIDA will govern these Terms of Use, without giving effect to any principles of conflicts of laws. TIMAMOUNE, Inc. reserves the right to make changes to its Web site and these Terms of Use at any time.

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