Effective: May 1, 2016
These Terms of Service (“Terms/TOS”) govern your access to and use of the Information offered by IdeaVat LLC (“RimTim”). The RimTim site i.e. rimtim.com and App are hereinafter collectively referred to as the “App”. Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. By accessing or using the App you agree to be bound by these Terms. RimTim may change these Terms at any time at its sole discretion. Your continued use of the App means that you accept the revised Terms of Service that RimTim may introduce, from time to time and you agree to be bound by the same. Please re-visit the Terms of Service link at the App from time to time to stay up-to-date in respect of any changes that RimTim may introduce.
- Conditions of use: By voluntary registering, or by visiting and using the App without registering, or accepting these TOS, you represent and warrant to RimTim that you are 18 years of age or older, and that you have the right, authority and capacity to use the Information made available through the App, and agree to and abide by these TOS. You must provide us accurate information, including your real name, when you voluntarily create your account on the App. By registering with www.rimtim.com, you certify that all information you provide, now or in the future, is accurate. The user is responsible for maintaining the confidentiality of the user’s account access information and password, if the user is registered on the App.
- Information offered by the App: Content or Information provided by the App is for informational purposes only. You acknowledge and agree that the form and nature of the Information which the App provides may require certain changes in it. Therefore, RimTim reserves the right to make changes and corrections to any part of the content or Information, at any time without prior notice, and without any liability.
- Inaccurate user content/information: If a user provides any content or information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or RimTim has reasonable grounds to suspect that such content /information is untrue, inaccurate, not current or incomplete, RimTim has the right to discontinue to provide information to the user at its sole discretion.
- Termination: RimTim reserves the right to suspend/cancel, or discontinue any or all Information at any time without notice. You acknowledge and agree that if RimTim disables access to your account, you may be prevented from accessing the Information, your account details or any files or other content, that is contained in your account.
- Proprietary rights: All right, title, and interest in and to the Information are and will remain the exclusive property of Rimtim. RimTim is protected by copyright, trademark, and other laws of the India. Except as expressly provided herein, nothing in the TOS gives you a right to use the RimTim name or any of the RimTim trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the App is entirely voluntary and RimTim will be free to use such feedback, comments or suggestions as RimTim sees fit and without any obligation to you.
- License: RimTim hereby grants you a non-exclusive, non-assignable and non-transferable license to use the Information through a user identification reference provided by Rimtim (“User ID”) to the extent, and only to the extent, necessary to access and use the Information in accordance with the terms of this Agreement. You shall not use the Information for any illegal purpose or in any manner inconsistent with the TOS. You may use information made available through the App solely for your personal, non-commercial use. Except as otherwise expressly granted to you in writing, RimTim does not grant you any other express or implied right or license to the Information, its content, or its Intellectual Property Rights.
- Listing and distributing content/Information: RimTim collects aggregated statistics on traffic within the App, and displays on the App, relevant information regarding the verticals of business listed on its App, such as the business location, reviews, contact number, and similar details. RimTim takes reasonable efforts to ensure that such information is updated at frequent intervals. Although RimTim screens and vets the information, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts. During the listing of business, the App may be linked to the website of third parties and their affiliates. RimTim has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the App. Inclusion of any link on the App does not imply that RimTim endorses the linked site. The User uses such links and services at User’s own risk.
- Indemnification: You agree to defend, indemnify, and hold RimTim, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Content, access to or use of the App, services or RimTim content, or violation of these Terms.
- Warranties: You expressly understand and agree that the information which is provided is “as is”. RimTim, and its subsidiaries and affiliate makes no warranties or conditions of any kind (express, implied or statutory), including without limitation the implied warranties of title, non-infringement and fitness for a particular purpose. Rimtim does not give warranty that any aspect of the App will work properly or will be available to users continuously.
- Limitation of liability: RimTim is not liable to you or any other person for damages of any kind, including without limitation any punitive, exemplary, consequential, incidental, indirect or special damages (including without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your mobile or otherwise) arising from or in connection with use of the App, the Information, the materials, your content, or any third party user generated information available on or through the App, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if RimTim has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy.
- Governing law and Jurisdiction: This Terms of Service shall be governed by the Laws of California and you hereby consent to the exclusive jurisdiction of federal courts in San Jose, CA for all disputes arising out of or relating to the use of this software application/ information provided herein.
- Notice of copyright infringement: RimTim respects the intellectual property rights of others and require those who use the Information to do the same. In the event that any Users of the Information infringe on others’ copyrights, RimTim reserves the right, in its sole discretion, to inter alia terminate those individuals’ rights to use the Information and terminate the User account. If you believe that your copyright has been or is being infringed upon by material found in the Information, you are required to notify us by sending a written communication or contact us at firstname.lastname@example.org
- Severability: If any provision of these TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a Court finds that any provision of these TOS is invalid or unenforceable, and that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforce as so limited.
- Entire Agreement: These terms represents the entire agreement between the parties and supercedes any and all prior agreements or understandings whether oral or in writing. No changes, variation, renewal, extension or waiver shall be binding unless the same shall be in writing and signed by both parties.