Terms of Service
This document ("Terms of Service”) is a legally binding agreement between you
and Xavier Priour EIRL that governs your use of TimeTom online services.
Last updated on: August 21st, 2015
Contract Formation
By using the timetom.com web site (“Service”),
or any services of Xavier Priour EIRL,
you are agreeing to be bound by the following terms and conditions (“Terms of Service").
Changes to the Terms of Service
Xavier Priour EIRL reserves the right to update and change the Terms of Service
from time to time without notice and at its sole discretion.
Any new features or tools which are added to the current Service shall be also
subject to the Terms of Service. Continued use of the Service after any such
changes shall constitute your consent to such changes.
You can review the most current version of these Terms of Service at any time at:
https://app.timetom.com/tos?lang=en. Xavier Priour EIRL reserves the right to
update and change the Terms of Service by posting updates and changes to the
Service website. You are advised to check the Terms of Service from time to time
for any updates or changes that may impact you.
Violation
Violation of any of the terms below will result in the termination of your Account.
You agree to use the Service at your own risk.
Account Terms
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You must be 18 years or older to use this Service.
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You must provide your full name, a valid email address, and any other
information requested in order to complete the signup process.
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A single username and password (“login”) may only be used by one person.
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You are responsible for keeping your password secure. Xavier Priour EIRL cannot
and will not be liable for any loss or damage from your failure to maintain the
security of your account and password.
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You are responsible for all activity and Content (data, text, graphics, photos,
links) that is uploaded under your Service account.
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You must not upload, post, host, or transmit unsolicited email, SMS,
Instant Messenger, Twitter or “spam” messages.
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You must not transmit any worms or viruses or any code of a destructive nature.
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You may not use the Service for any illegal or unauthorized purpose.
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You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service without
the express written permission by Xavier Priour EIRL.
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A breach or violation of any of the Account Terms as determined in the sole
discretion of Xavier Priour EIRL will result in an immediate termination of
your services.
General Conditions
You must read, agree with and accept all of the terms and conditions contained
in these Terms of Service before you may become a member of the Service.
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We reserve the right to modify or terminate the Service for any reason,
without notice at any time.
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We reserve the right to refuse service to anyone for any reason at any time.
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Your use of the Service is at your sole risk. The Service is provided on an
“as is” and “as available” basis without any warranty or condition, express,
implied or statutory.
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Xavier Priour EIRL does not warrant that the Service will be uninterrupted,
timely, secure, or error-free.
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Xavier Priour EIRL does not warrant that the results that may be obtained from
the use of the service will be accurate or reliable.
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Technical support is only available via email.
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You understand that Xavier Priour EIRL uses third party vendors and hosting
partners to provide the necessary hardware, software, networking, storage,
and related technology required to run the Service.
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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, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these
Terms of Service.
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You understand that your Content (not including credit card information),
may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Credit Card information is always encrypted
during transfer over networks.
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You retain ownership over all content that you submit to your Service account,
however, you agree to allow other users to view your content.
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Xavier Priour EIRL does not warrant that
(i) the service will meet your specific requirements,
(ii) the service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material
purchased or obtained by you through the service will meet your expectations, and
(v) any errors in the Service will be corrected.
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You expressly understand and agree that in no event shall Xavier Priour EIRL,
its affiliates, officers, directors and employees be liable 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 Xavier Priour EIRL has been advised of
the possibility of such damages), resulting from:
(i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting from
any goods, data, information or services purchased or obtained or messages
received or transactions entered into through or from the service;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service;
(v) or any other matter relating to the service.
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The failure of Xavier Priour EIRL to exercise or enforce any right or provision
of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between you and
Xavier Priour EIRL and govern your use of the Service, superceding any prior
agreements between you and Xavier Priour EIRL (including, but not limited to,
any prior versions of the Terms of Service).
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Xavier Priour EIRL reserves the right to assign these Terms of Service or
any part thereof without restrictions.
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Questions about the Terms of Service should be sent to support email
support@timetom.com.
Modifications to Services and Prices
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Xavier Priour EIRL reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice.
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Prices of all Services, including but not limited to monthly subscription plan
fees to the Service, are subject to change upon 30 days notice from us.
Such notice may be provided at any time by posting the changes to the Service
site (timetom.com) or the Service itself.
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Xavier Priour EIRL shall not be liable to you or to any third party for any
modification, price change, suspension or discontinuance of the Service.
Payment of Fees, Refunds, Upgrading and Downgrading
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The Service is billed in advance on a monthly basis and is non-refundable.
There will be no refunds or credits for partial months of service,
upgrade/downgrade refunds, or refunds for months unused with an open account.
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An upgrade or downgrade made during the free trial period will not affect the
trial period. If you added a payment method to your account, we will bill you
according to the plan the account is set to at the end of the free trial period.
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All fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities, and you shall be responsible for payment of all such taxes, levies,
or duties.
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For any upgrade or downgrade in plan level outside of the trial period, the
credit card that you provided will automatically be charged the pro-rated
new rate on your next billing cycle.
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Downgrading your Service may cause the loss of Content, features, or capacity
of your Account. Xavier Priour EIRL does not accept any liability for such loss.
Downgrading your Service may not be completed without direct action from you to
remove Content, features, or capacity in place that exceeds the Content,
features, or capacity offered by the lesser plan.
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Canceling your Service will result in the immediate and irrevocable deletion of
your Content.
Cancellation and Termination
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Verbal, physical, written or other abuse (including threats of abuse) of any
Xavier Priour EIRL customer, employee, member, or officer will result in
immediate account termination.
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You are solely responsible for properly canceling your account. You can cancel
your account at any time by sending an email to support@timetom.
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Your cancellation will take effect immediately and you will not be charged
again. However, no refunds will be issued for any previous charges, in whole or
in part.
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All of your Content will be immediately deleted from the Service upon
cancellation. This information can not be recovered once your account is cancelled.
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We reserve the right to modify or terminate your Service for any reason,
without notice at any time.
Entire Agreement
These Terms of Servise constitute all the terms and conditions agreed upon
between you and Xavier Priour EIRL and supercede any prior agreements,
whether written or oral. Any additional or different terms or conditions in any
written or oral communication from you to Xavier Priour EIRL are void.
You agree and accept that you have not accepted the terms and conditions of
these Terms of Service in reliance of or to any oral or written representations
made by Xavier Priour EIRL not contained in these Terms of Service.
Severability
Should for any reason or to any extent any provision of these Terms of Service be
held invalid or unenforceable, such invalidity or enforceability shall not in
any manner affect or render invalid or unenforceable the remaining provisions
of these Terms of Service and the application of that provision shall be enforced
to the extent permitted by law.
Governing Law and Disputes
These Terms of Service shall be governed and construed in accordance with the
substantive laws of France. Any dispute, controversy or claim arising out of or
in connection with them will be subject to the jurisdiction of the courts of France.
Mailing Address
Xavier Priour EIRL
10 rue Albert Laurenson
92100 Boulogne-Billancourt
France
SIREN: 797 655 487