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Terms of Use

This Agreement sets out the terms of use for users (‘you/your’) of the TimeBMX mobile application (‘TimeBMX’). By installing or using TimeBMX, you have acknowledged that you have agreed to the terms and conditions below.

Privacy

TimeBMX is designed to never intentionally collect or store any of your sensitive information. If we collect your sensitive information while you use TimeBMX, it will be dealt with in accordance with our privacy policy (more information below) and any relevant privacy laws.

We do not sell, rent, or monetize your personal data or any of your content in any way – ever.

You agree to the collection of your personal information by us, as described in our privacy policy, as well as the transfer of your encrypted information and metadata to countries where we operate, have or use facilities, or engage third party service providers or partners. For example, one of our third party service providers sending you a verification code or processing a support ticket.

 

If you contact our technical support department, any personal information you may share with us is kept only for the purposes of researching the issue you have contacted us about and to contact you about your case.

 

You can manage your personal information in TimeBMX’s application settings. For example, you can update your profile information or choose to enable additional security features such as Biometrics. This information is exclusively owned by you.

 

There are some instances where we will need to share your data with a third party. These instances include:

  • To meet any applicable law, regulation, legal process, or enforceable governmental request;

  • To enforce the terms of this Agreement, including to investigate any potential breaches of this Agreement;

  • To detect, prevent, or otherwise address any fraudulent or other criminal activities, security issues, or technical issues; or

  • To protect against harm to the rights, property, or safety of us, our users, or the public as required or permitted by law.

 

We may need to update our privacy policy from time to time to ensure that it is current, accurate, as clear as possible, and meets any relevant legal requirements. Your continued use of TimeBMX confirms your acceptance of our updated privacy policy. For more information about our privacy policy, visit our website here.

Our Services

TimeBMX is an application providing BMX enthusiasts a platform to find locations to ride, but also creates a community for all to be involved in. We provide users with the ability to locate riding locations and view events as well as following other users and managing your user profile.

Minimum Age

You must be at least 13 years of age to use TimeBMX. However, the minimum age to use TimeBMX may be higher in your home country. If this is the case, the laws of your home country override this provision and TimeBMX cannot be held liable by you for any losses you incur for not adhering to the laws of your home country or this provision.

Account Registration

To use personalised features of TimeBMX you must register a TimeBMX account using your email, or a social provider such as Google or Apple.

 

You may also add other information to your account, such as a profile name and profile picture.

Software

In order to enable new features and enhanced functionality, you consent to downloading and installing updates to TimeBMX.

Fees and Taxes

You are responsible for paying any data and mobile carrier fees incurred by you as a result of you using TimeBMX. You are also responsible for paying any taxes associated with any data and mobile carrier fees incurred by you as a result of you using TimeBMX.

Breaches

If you breach this Agreement, we reserve the right to disable your TimeBMX account as well as preventing you from creating a new TimeBMX account without your permission and without providing you with prior notice of this decision.

 

We cannot be held liable by you for any losses you incur as a result of us disabling your TimeBMX account on account, or preventing you from creating a new TimeBMX account, because you have breached this Agreement.

Legal and Acceptable Use

You agree to only use TimeBMX for lawful, authorized, and acceptable purposes. You will not use (or assist others in using) TimeBMX in ways that:

  • violate or infringe the rights of TimeBMX, our users, or others, including infringements of privacy, publicity, intellectual property, or other proprietary rights; or

  • involve posting unacceptable content that may be deemed offensive to other user's.

 

You must not (or assist others to) access, use, modify, distribute, transfer, or exploit TimeBMX in any unauthorised manners, or in ways that harm us, TimeBMX or systems. For example, you must not do any of the following, attempt to do any of the following, or assist any others to do or attempt the following:

  • gain unauthorised access to TimeBMX or our systems;

  • replicate any data contained within TimeBMX or our systems;

  • disrupt the integrity or performance of our TimeBMX;

  • create accounts for TimeBMX through any unauthorised or automated means;

  • collect information about our users in any unauthorised manner; or

  • sell, rent, or charge others to use TimeBMX, unless you have our express written consent to do so.

Guidelines for Uploading App Content / User Generated Content

We may provide you areas on the app to upload your own content. This includes content like images, videos, text, audio, etc. When uploading content, you must comply with the following criteria:

  • Your content should not contain offensive profanity, or abusive, racist, offensive, or hate language;

  • Your content should not be objectionable.

  • Your content should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

  • Your content should not contain references to illegal activity;

  • You should not make any conclusions as to the legality of conduct;

  • You may not post any false or misleading statements;


We may accept, reject, or remove content at our sole discretion. We have absolutely no obligation to screen content or to delete content, even if anyone considers content objectionable or inaccurate. Content is not endorsed by us, and does not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any content or for any claims, liabilities, or losses resulting from any content.

 

You may report content that does not comply with these guidelines through the app and we will take action promptly.

Contribution License

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Account Security

You are responsible for keeping your device and your TimeBMX account safe and secure. If you lose a device on which you use TimeBMX, it is recommended that you contact support@timebmx.com.

Emergency Services

TimeBMX does not provide access to any emergency service providers such as the police, fire department, hospitals, or other public safety organisations. We suggest that in the event of an emergency you contact an appropriate emergency service provider via a mobile/ cellular phone, fixed-line telephone, or any other communication service or device that is capable of contacting an emergency service.

Third Party Services

TimeBMX may allow you to access, use, or interact with websites, applications, content, products and services that are owned and/or managed by third parties. When you use a third-party service in connection with your use of TimeBMX, their terms and privacy policies govern your use of those services. We cannot be held liable by you for any losses you incur as a result of breaching a third party’s terms or conditions where the breach occurred in connection with your use of TimeBMX. Moreover, we cannot be held liable by you for any losses you incur as a result of a third party breaching their privacy policy where the breach occurred in connection with your use of TimeBMX.

Your Rights and Licenses

You own any information you submit whilst using TimeBMX. We also grant you a limited, revocable, non-exclusive, and non-transferable license to use TimeBMX in accordance with this Agreement.

You must have the rights to the phone number that you use to sign up for your TimeBMX account.

Our Rights

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with TimeBMX. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our prior written permission. To report any copyright, trademark, or other infringements of our intellectual property rights, please contact support@timebmx.com TimeBMX’s License to You.

Disclaimer

You use TimeBMX at your own risk and subject to the following disclaimers. To the extent permitted by law, we provide our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error-free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. we do not control, and are not responsible for, controlling how or when our users use TimeBMX. We are not responsible for the actions or information (including content) of our users or other third parties. you release us, as well as our affiliates, directors, officers, employees, partners, and agents (together, ‘time bmx parties’) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.

Limitation of Liability

To the extent permitted by law, the time bmx parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with this agreement, us, or TimeBMX, even if the TimeBMX parties have been advised of the possibility of such damages. our aggregate liability relating to, arising out of, or in any way in connection with this agreement, us, or TimeBMX will not exceed one hundred dollars ($100).

Availability

TimeBMX may be interrupted for a number of reasons, including but not limited to, maintenance, upgrades, network, or equipment failures. In the event of an interruption, we may discontinue some or all TimeBMX’s functions or features, including any support for certain devices and platforms, at any time.

Dispute Resolution

You agree to resolve any dispute you have with us, or any dispute that we have with you, that arises in connection with this Agreement, us, or TimeBMX.

Termination

You may terminate this Agreement at any time by deleting TimeBMX from your device and/or discontinuing your use of TimeBMX.

We may modify, suspend, or terminate your access to, or use of, TimeBMX at any time if you engage in an act or make an omission that has the potential to cause any harm, risk, or possible legal exposure to us.

In addition to this provision, the following provisions will survive the termination of this Agreement: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Dispute Resolution,” “Availability” and “General”.

General

TimeBMX may edit this Agreement from time to time. When this occurs, we will update the “Last Modified” date associated with the updated Agreement. Your continued use of TimeBMX confirms your acceptance of our updated Agreement and supersedes any prior Agreements.

 

This Agreement is the entire agreement between you and us regarding your use of TimeBMX. If you do not agree with this Agreement , we reserve the right to prohibit you from using TimeBMX.

If we fail to enforce any of our rights contained in this Agreement, this does not constitute a waiver of our right to enforce them.

If any provision of this Agreement is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the enforceability of the remaining provisions.

TimeBMX is not intended for distribution to, or use in, any country where such distribution or use would violate any local laws or would subject us to any regulatory action .

We reserve the right to limit the use of TimeBMX in any country.

Additional technical information related to TimeBMX may be stored on our servers, including randomly generated authentication tokens, keys, push tokens, and other material that is necessary to establish calls and transmit messages. We limit this additional technical information to the minimum required to operate TimeBMX.

Contact Us

If you have any queries about this Agreement, please contact us at support@timebmx.com.

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