Terms

The following terms and conditions govern all use of the tymr.com (and other tymr domains) website and all content, services and products available at or through the website, including, but not limited to, the tymr.com (and other tymr domains) service, (taken together, the Website). The Website is owned and operated by tymr, Unipessoal Lda. ("tymr"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, tymr's Privacy Policy) and procedures that may be published from time to time on this Site by tymr (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by tymr, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your tymr Account and Site

    If you create an account on the Website, you are responsible for maintaining the security of your account and page profiles (like an artist, brand or venue profile), and you are fully responsible for all activities that occur under the account and any other actions taken in connection with their profiles. You must not describe or assign keywords to your profiles in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and tymr may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause tymr liability. You must immediately notify tymr of any unauthorized uses of your profiles, your account or any other breaches of security. tymr will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

  2. Responsibility of Contributors

    If you operate a page, comment on a page, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either:
    1. received permission from your employer to post or make available the Content, including but not limited to any software;
    2. secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your page is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your page is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your page's URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by tymr or otherwise.

    By submitting Content to tymr for inclusion on your Website, you grant tymr a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your page. If you delete Content, tymr will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You are responsible for keeping your password secure. tymr will not be liable for any loss or damage from your failure to maintain the security of your account and password. You may not use the Agreement for any illegal or unauthorised purpose nor may you, in the use of the Agreement, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Portugal. tymr also reserves the right to refuse service to anyone for any reason at any time.

    Without limiting any of those representations or warranties, tymr has the right (though not the obligation) to, in tymr's sole discretion:

    1. refuse or remove any content that, in tymr's reasonable opinion, violates any tymr policy or is in any way harmful or objectionable;
    2. terminate or deny access to and use of the Website to any individual or entity for any reason, in tymr's sole discretion;

    tymr will have no obligation to provide a refund of any amounts previously paid.

  3. Responsibility of Website Visitors

    tymr has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, tymr does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. tymr disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

  4. Content Posted on Other Websites

    We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which tymr.com (and other tymr domains) links, and that link to tymr.com (and other tymr domains). tymr does not have any control over those non-tymr websites and webpages, and is not responsible for their contents or their use. By linking to a non-tymr website or webpage, tymr does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. tymr disclaims any responsibility for any harm resulting from your use of non-tymr websites and webpages.

  5. Copyright Infringement and DMCA Policy

    As tymr asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by tymr.com (and other tymr domains) violates your copyright, you are encouraged to notify tymr in accordance with The Digital Millenium Copyright Act of 1998 ("DMCA"). tymr will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of tymr or others, tymr may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, tymr will have no obligation to provide a refund of any amounts previously paid to tymr.

  6. Intellectual Property

    This Agreement does not transfer from tymr to you any tymr or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with tymr. tymr, tymr.com (and other tymr domains), the tymr.com (and other tymr domains) logo, and all other trademarks, service marks, graphics and logos used in connection with tymr.com (and other tymr domains), or the Website are trademarks or registered trademarks of tymr or tymr's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any tymr or third-party trademarks.

  7. Changes

    tymr reserves the right, at its sole discretion, to modify, replace or terminate any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. tymr may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

  8. Termination

    tymr may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your tymr account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP account, such account can only be terminated by tymr if you materially breach this Agreement and fail to cure such breach within thirty (30) days from tymr's notice to you thereof; provided that, tymr can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  9. Disclaimer of Warranties

    The Website is provided "as is". tymr and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither tymr nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

  10. Limitation of Liability

    In no event will tymr, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

    1. any special, incidental or consequential damages;
    2. the cost of procurement or substitute products or services;
    3. for interruption of use or loss or corruption of data;
    4. for any amounts that exceed the fees paid by you to tymr under this agreement during the twelve (12) month period prior to the cause of action.

    tymr shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  11. General Representation and Warranty

    You represent and warrant that:

    1. your use of the Website will be in strict accordance with the tymr's Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Portugal or the country in which you reside)
    2. your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  12. Indemnification

    You agree to indemnify and hold harmless tymr, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

  13. Payments

    You agree that tymr does not warrant the results that may be obtained from the use of the Agreement will be accurate or reliable. You understand that your content (not including credit card information), may be transferred unencrypted and involve:

    1. transmissions over various networks;
    2. changes to conform and adapt to technical requirements of connecting networks or devices;

    A valid Credit Card or PayPal recurring payment agreement is required for all paying accounts. Free accounts are not required to provide payment information. Credit Card information is always encrypted during transfer over networks.

    All prices are exclusive of VAT. VAT must be paid unless and until you provide written evidence to the satisfaction of tymr that you are exempt from paying VAT. 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.

  14. Cancelled and Rescheduled Events

    You agree that tymr does not provide ticket refunds or exchanges in any circumstances. Once bought, tickets are only valid for the respective event and won't be replaced by any other available tickets. In case of cancelled events, tymr won't provide any ticket refunds. In case of rescheduled events, tickets will be valid for the new date and won't be refunded. You also agree that tymr is not responsible for the event agenda and any agenda exchanges.

    Upon request to hello@tymr.com, help may be provided to contact the organizers, so users can dispute any issue with them.

  15. Indemnification

    You agree to indemnify and hold harmless tymr, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

  16. Support

    Technical support is only provided to paying account holders and is only available via email. The availability of such support is not guaranteed and may be withdrawn at any time.

  17. Miscellaneous

    This Agreement constitutes the entire agreement between tymr and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of tymr, or by the posting by tymr of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Portugal, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Maia, Portugal.