Membership Services Agreement

We have updated our Membership Services Agreement as of December 8, 2018 (the “Effective Date“).

myTimeline Membership Services Agreement

Welcome to myTimeline™, a service provided by Timeline, Inc. (“myTimeline,“ “we, “ “our,” or “us”).

MEMBERSHIP SERVICES AGREEMENT, dated as of the Effective Date above, between Timeline, Inc., a Delaware corporation, and the person or entity accepting this Agreement (“you”, “your” or “Member”).

This Membership Services Agreement grants Member use of our proprietary myTimeline technology, including (1) your Member access to timelineinc.com (the “Website”) and (2) your Member access to and use of all related sites, players, widgets, tools, apps, data, software, APIs and other services provided by myTimeline (the “Services”).

We are willing to grant you rights to establish an account and to become a Member only upon the condition that you accept all of the terms contained in this Membership Services Agreement. Please read the terms carefully. By checking the “I have read and agree to the myTimeline Membership Services Agreement” checkbox at the bottom of the “Account Activation” page, you indicate your agreement with these terms. If you are entering into this agreement on behalf of a company or other legal entity or person, your acceptance represents that you have the authority to bind such entity or person to these terms. If you do not agree with these terms, or if you do not have the authority to bind such entity or person, then we will not grant you rights to establish an account and to become a Member. 

Section I)   Definitions

  1. Terms defined in the preamble of this Membership Services Agreement have their assigned meanings, and the following terms have the meanings assigned to them:
     
    1. “Agreement” means this Membership Services Agreement plus our Terms of Use, Privacy Policy, and any other policy which are incorporated herein and accessible on the myTimeline home page, as each may be amended or revised from time to time.
    2. “Inactive Member” means a Member whose account has been placed on inactive status.
    3. “Member Content” means any text, audio, communications, images, video, and other information and/or content submitted to the Platform by a Member.
    4. “Membership” has the meaning assigned to it in Section II(A).
    5. “Paid Service” means any myTimeline Service on the Platform that a Member pays a fee to receive.
    6. “Platform” means the Website together with the Services.
    7. “Third-Party Service” means any type of resource or service, including by not limited to websites, players, widgets, tools, apps, data, software, and APIs, that are not directly provided by myTimeline and are not part of the myTimeline Platform.
    8. “Trial Member” means a Member who has been accepted as a Member, but who is currently in a trial period.
  1. Other Definitional and Interpretive Provisions.
     
    1. The words “including,” “includes,” and “include” are deemed to be followed by the words “without limitation.”
    2. All references in this Agreement to “Dollars” or “$” refer to lawful currency of the United States of America.
    3. Headings used in this Agreement are provided for convenience only and do not indicate meaning or intent.
    4. The use of the word “must” in this Agreement signals a condition.
    5. References to one or no gender include the other or no gender.
    6. Any reference to “Section” refers to Sections of this Agreement.
    7. When calculating the time period before which, within which, or following which any act is to be done or step taken pursuant to this Agreement, the date that is the reference date in calculating such period shall be excluded and the time period shall be deemed to end at 11:59 PM Central Time on the applicable date.

Section II)  Membership Services

  1. Grant of Rights. We grant Member a non-exclusive and non-transferable right and license to establish a Member account and use our proprietary myTimeline technology, including (1) Member access to the Website and (2) Member access to and use of the Services (your “Membership”). Your Membership is subject to Member eligibility requirements and your continuing compliance with the terms and conditions of this Agreement including our current Terms of Use, Privacy Policy, and any other policy posted on the Website and incorporated herein.
     
  2. Membership Term.
    1. If you choose a monthly subscription plan, the term of your Membership shall begin on the date you activate your account and will auto-renew on a month-to-month basis until or unless otherwise cancelled by you or by us in accordance with this Agreement.
    2. If you choose an annual subscription plan, the term of your Membership shall begin on the date you activate your account and will auto-renew on an annual basis until or unless otherwise cancelled by you or by us in accordance with this Agreement.

 

  1. Acceptance of Agreement.
     
    1. We are willing to grant you rights to establish an account and to become a Member only upon the condition that you accept all of the terms contained in this Membership Services Agreement. Please read the terms carefully.
    1. By checking the “I have read and agree to the myTimeline Membership Services Agreement” checkbox at the bottom of the “Account Activation” page, you indicate your agreement with these terms.
    1. If you are entering into this agreement on behalf of a company or other legal entity or person, your acceptance represents that you have the authority to bind such entity or person to these terms. If you do not agree with these terms, or if you do not have the authority to bind such entity or person, then we will not grant you rights to establish an account and to become a Member.

 

  1. Modification of Agreement.
     
    1. We may modify or amend this Agreement and other guidelines and rules posted on the Platform from time to time. The date of last modification is stated at the top of this Agreement. It is your responsibility to check this page from time to time for updates.
    1. Your continued use of your Membership constitutes your acceptance of such modifications or amendments. Your Membership will be subject to the current version of this Agreement posted on the Website at the time of such use. Please regularly check the “Legal” link on the home page of our Website to view the current Agreement.

 

  1. Membership Eligibility Requirements.
     
    1. Age. Minors under 18 years of age are not eligible to become Members.
    2. Residence in EU Member Countries. Residents of EU Member Countries are not eligible to become Members.
  1. Membership Fees and Periodic Payments.
     
    1. Membership Fees. Membership fees may be paid by credit card or PayPal online at this site, through your Apple or Google Play accounts, or by any other method approved by us. Fees are non-refundable, unless expressly provided otherwise on this site. If for any reason we are unable to charge your credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your credit card, you agree that we may pursue all available remedies to pursue payment, including without limitation, conversion of your account to Inactive Member status, or termination of your account and rights to use and access the Platform.
       
    1. Billing Cycle. After the end of the trial period, all Membership fees are pre-paid for each monthly or annual term.
       
    1. Membership Tiers.
       
      1. Paid Services. Memberships are available in either Basic, Advanced, or Premium Membership tiers. The features and fees of each tier are posted on the Platform. myTimeline, in its sole discretion, may modify, discontinue, merge, or add to these Paid Service tiers without notice.
      1. Upgrade of Membership Tier. You may upgrade to a Paid Service tier with more features at any time. If you choose to upgrade, we will recalculate your Membership fee, adding the pro-rated portion of the tier to which you upgraded.
         
    1. Inactive Member Status.
       
      1. If you choose not to subscribe to a Paid Service at the end of the trial period, your membership account will revert to Inactive Member status.
      1. If you cancel your account or if we are unable to process your credit card for Paid Services and features, your membership account will automatically revert to Inactive Member status and any Paid Services or features will be immediately removed from your Membership account. We will notify you by email that your credit card has been declined. You will be solely responsible for reactivating your account by logging onto your account and modifying the current credit card information, adding a different credit card to your account profile, or request that we reattempt to charge your credit card.
      2. Inactive Members will be unable to upload new Member Content to the Platform, and you will still be able to access your Member Content to download or save it. Your Member Content will not be deleted from myTimeline unless you delete your account using the procedures in Section II(G)(1), below.
    1. ROSCA Disclosure. In accordance with the Restore Online Shoppers Confidence Act (ROSCA), you hereby authorize us to charge your credit card as follows: charges will be monthly or annually, for the dollar amount, and for the billing periods that are specified in the account registration process.
       
    1. Refunds.
       
      1. If you choose a monthly subscription plan, you will receive a full refund of your monthly fee only if you terminate your Membership within 24 hours of subscribing to myTimeline. No refunds of monthly subscription plans will be processed after this 24 hour window has passed.
      1. If you choose an annual subscription plan, you will receive a full refund of your annual fee only if you terminate your Membership within 30 days of subscribing to myTimeline. No refunds of annual subscription plans will be processed after this 30 day window has passed.
         
  5. Cancellation/Termination of Membership.
     
    1. Cancellation/Termination by Member.
       
      1. You may cancel your account and terminate your Membership at any time. Cancellation will be effective immediately.
      1. To cancel your account, click the “Cancel my membership” link located on the Payment & Services page.
      1. Account cancellation will delete your account, and your Member Content, from the myTimeline system in thirty (30) days. You may use this 30 day period to download and save your Member Content prior to deletion using one of the following methods:
        1. You may request a link to download your Member Content; or
        1. You may request your Member Content to be mailed to you on a USB flash drive, at a fee determined by us and posted on the Platform.
           
    1. Cancellation/Termination by myTimeline.
       
      1. myTimeline, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Platform, and remove and archive or discard any content within the Platform, including any Member Content, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement.
      1. myTimeline may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, including but not limited to Add-ons, with or without notice. You agree that any termination of your access to the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. Further, you agree that we shall not be liable to you or any third- party for any termination of your access to the Platform.

Section III) Member Obligations and Responsibilities

  1. Member Information. In consideration of your use of the Platform, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the myTimeline registration form and (2) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
     
  2. Member Passwords. You will create a password during the myTimeline account activation process. You are responsible for maintaining the confidentiality of your password and you will remain fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your password or account.
     
  3. Member Content.
    1. Grant of Rights For Member Content. You hereby grant us a limited non- exclusive, worldwide, royalty-free license to use, reproduce, synchronize, display, modify and redistribute your Member Content only as necessary for us to provide the Services and operate the Platform.
    1. Representations and Warranties. You represent and warrant that you are the legal owner or licensee of any Member Content submitted or uploaded to the Platform. You also represent and warrant that you have full power and authority to comply with this Agreement without violating the rights of others and you agree that your use of the Platform will comply with this Agreement without violating the rights of others.
    1. No Obligation to Screen Member Content. You acknowledge that we do not prescreen Member Content and that we are under no obligation to screen content available on the Platform.
    1. Removal of Member Content. Without limiting the foregoing, we shall have the right, but not the obligation, to remove any Member Content that violates this Agreement, the guidelines in the Terms of Use, or which is otherwise objectionable, in our sole opinion and absolute discretion.
    1. Disclosure of Member Content. You acknowledge and agree that we may preserve and disclose Member Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any applicable law; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of us, the Platform, its users and the public.

 

  1. Compliance With Current Terms of Use. We reserve the right, within our sole and absolute discretion, to cancel or suspend any Member account, or modify or remove any Member Content that is deemed by us to be offensive, vulgar, defamatory, racist, or otherwise in violation of this Agreement, including our current Terms of Use, Privacy Policy, and any other policy posted on the Website and incorporated herein.

 

  1. Security. You shall be solely responsible for acquiring and maintaining technology and procedures for maintaining the security of your link to the Internet. We shall implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion; provided, however, unless resulting from our failure to perform the forgoing obligations, you agree that we shall not, under any circumstances, be held responsible or liable for situations (1) where data or transmissions are accessed by third parties through illegal or illicit means, or (2) where the data or transmissions are accessed through the exploitation of security gaps, weaknesses, or flaws unknown to us at the time. We will promptly report to you any unauthorized access to your data promptly upon discovery by us, and we will use diligent efforts to promptly remedy any breach of security that permitted such unauthorized access. In the event notification to persons included in your data is required, you shall be solely responsible for any and all such notifications at your expense.

Section IV) Limitations and Disclaimers

 

  1. Our Right to Determine Membership Features and Services. We reserve the right, in our sole and absolute discretion, to determine which services and features are provided and to what extent such services and features are provided under the myTimeline Membership plans.
     
  2. Warranty; Limitation On Liability. MEMBERS EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR MEMBERSHIP USE. TIMELINE MAKES NO WARRANTY THAT THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE AND CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM UTILIZATION OF THE WEBSITE AND ITS CONTENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TIMELINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TIMELINE DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM TIMELINE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIMELINE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. TIMELINE DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING INDUSTRY PROFESSIONALS. TIMELINE DOES NOT GUARANTEE THAT ANY USERS, INCLUDING ITS MEMBERS, WILL USE THEWEBSITE PROPERLY OR IN COMPLIANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO THEM. TIMELINE DOES NOT GUARANTEE THAT ANY MEMBER WILL SUCCESSFULLY OBTAIN A CONTRACT, EMPLOYMENT, OR SPONSORSHIP OF ANY KIND AS A RESULT OF MEMBERSHIP IN OR USE OF TIMELINE. TIMELINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE; NON-INFRINGEMENT; OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. TIMELINE IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
 
  1. Defamation; Communications Decency Act Notice. myTimeline is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

 

  1. Monitoring. We reserve the right to monitor your access and use of the Platform without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site's home page.

 

  1. Indemnification.  
    1. Scope of Indemnification. Member shall indemnify and hold myTimeline, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, members, directors, employees, attorneys and agents harmless from and against any and all costs, damages, losses, claims,

liabilities and expenses (including attorneys’ fees and costs) to the extent arising out of or in any way connected with: (i) Member’s access to or use of the Platform; (ii) Member’s violation of the terms and conditions of this Agreement; (iii) Member’s violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any content posted by Member via the Platform (including without limitation Member Content) caused damage to a third party, including, without limitation, claims that Member Content is infringing.

    1. Procedure for Third Party Claims. In the case of any third party claim for which myTimeline seeks to be indemnified, we shall (i) promptly give notice of the claim to Member; (ii) give Member sole control of the defense and settlement of the claim (provided that Member may not settle such claim unless such settlement unconditionally releases us of all liability and does not adversely affect our business or Platform); and (iii) provide to Member all available information and reasonable assistance requested by Member.

 

  1. Modifications To The Agreement Or To The Platform. We reserve the right to change the Agreement at any time without notice. We also reserve the right at any time and from time to time to modify or discontinue the Platform temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Platform.

 

  1. Product Descriptions. Information on the Platform may contain typographical errors, technical inaccuracies, or other errors and may be changed at any time without notice. We make no representations about the accessibility, availability or usability of the Website. We use reasonable efforts to ensure the completeness and accuracy of this Website and its content. However, we do not warrant that product descriptions, prices or other content of this site are accurate, complete, reliable, current, or error-free.

 

  1. Force Majeure. We shall not be liable to Member by reason of any failure or delay in performance on account of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, fires, flood, storm, explosions, acts of

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