Terms of Use

 

IMPORTANT! THESE TERMS OF SERVICE GOVERN THE USE OF THIS SITE, WHICH IS PROVIDED BY TimGilberg.com. BY ACCESSING AND USING THIS SITE, YOU ARE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY TIMGILBERG.COM AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER THE CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.

 

Access To TIMGILBERG.COM

 

YOU MUST BE EIGHTEEN (18) YEARS OLD OR OLDER TO ACCESS THIS TIMGILBERG.COM. IF YOU ARE UNDER EIGHTEEN YEARS OLD, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.

 

In order to access TIMGILBERG.COM or some of the resources it has to offer, you may be asked to provide certain registration details or other information. This is a condition of your use of this site that all the information you provide shall be correct, current, and complete. If TIMGILBERG.COM believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without prior notice.

 

Restrictions On Use

 

You may not use this site for any commercial purpose, without TIMGILBERG.COM's express prior written consent.  For example, you may not (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of TIMGILBERG.COM. "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with TIMGILBERG.COM in causing all unauthorized co-branding, framing or hyper-linking immediately to cease.

 

Proprietary Information

 

The material and content (hereinafter referred to as the "Content") accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by TIMGILBERG.COM and is the proprietary information of TIMGILBERG.COM.  TIMGILBERG.COM retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of TIMGILBERG.COM.  You may, however, print out a copy of the Content solely for your personal use.  By doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates TIMGILBERG.COM's intellectual property rights.

 

Hyper-Links

 

This site may be hyper-linked to other sites which are not maintained by, or related to, TIMGILBERG.COM. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with TIMGILBERG.COM. TIMGILBERG.COM has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at user's own risk and TIMGILBERG.COM makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site.  Further, the inclusion of any hyper-link to a third-party site does not equate to an endorsement by TIMGILBERG.COM.

 

Disclaimer

 

You understand that TIMGILBERG.COM cannot guarantee or warrant that files available for downloading from the Internet will be free of viruses that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for maintaining a means external to this site for the reconstruction of any lost data. TIMGILBERG.COM does not assume any responsibility or risk for your use of the Internet.

 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS

PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER

EXPRESSED OR IMPLIED. TIMGILBERG.COM DISCLAIMS ALL WARRANTIES,

INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU, AND NOT TIMGILBERG.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.

 

TIMGILBERG.COM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

 

Limitation On Liability

 

TIMGILBERG.COM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF TIMGILBERG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TIMGILBERG.COM TO ANY PARTY (REGARDLESS OF THE FORM OF ANY LEGAL ACTION) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO TIMGILBERG.COM FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

 

Indemnity

 

You will indemnify and hold TIMGILBERG.COM, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you.  You agree that the Indemnified Parties have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless against any claims brought by third parties arising out of your unauthorized use of this site.

 

Trademarks

 

Trademarks, service marks, and logos appearing in this site are the property of TIMGILBERG.COM or the party that provided the trademarks, service marks, and logos to TIMGILBERG.COM.   TIMGILBERG.COM and any party that provided trademarks, service marks, and logos this site retain all rights with respect to any of their respective trademarks, service marks, and logos. 

 

Information You Provide

 

You may not post, send, submit, publish, or transmit in connection with this site any material that:

·      you do not have the right to post, including proprietary material of any third party;

·      advocates illegal activity or discusses an intent to commit an illegal act;

·      is vulgar, obscene, pornographic, or indecent;

·      does not pertain directly to this site;

·      threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

·       seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

·       infringes any intellectual property or other right of any entity or person, including violating anyone::'s copyrights or trademarks or their rights of publicity;

·      violates any law or may be considered to violate any law;

·      impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

·      advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

·      solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

·      disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

·       includes MP3 format files;

·       amounts to a 'pyramid' or similar scheme;

·      disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or

·      contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

 

Although under no obligation to do so, TIMGILBERG.COM reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the light to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions.

 

Submissions

 

You hereby grant to TIMGILBERG.COM the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to TIMGILBERG.COM through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. TIMGILBERG.COM will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future

 

Security

 

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). TIMGILBERG.COM will be entitled to monitor your password and, at its discretion, require you to change it. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, TIMGILBERG.COM reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

 

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS TIMGILBERG.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY IT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TIMGILBERG.COM OR LAWENFORCEMENTAUTHORITIES.

 

Miscellaneous

 

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and TIMGILBERG.COM arising out of these Terms of Use. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in San Diego, California. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter.