Timecave: Terms and Conditions

Terms and Conditions

Please take a moment to review the Terms and Conditions concerning the use of our site, and feel free to mail us at if you have any question about what constitutes acceptable use of Time Cave and what doesn't. Your cooperation is appreciated!
TIME CAVE TERMS AND CONDITIONS

FOR OUR GDPR STATEMENT FOR EUROPEAN USERS, PLEASE SEE THE END OF THIS DOCUMENT.

1. ACCEPTANCE OF TERMS 

The Time Cave provides its service to you subject to the following Terms and Conditions, which may be updated unilaterally by us from time to time without notice to you.  You can review the most current version of the Terms and Conditions at http://www.timecave.com/timecave/terms.jsp.  Use of all Time Cave services and access to all Time Cave web pages are governed by these terms.

2. DESCRIPTION OF SERVICE 

Any features that Time Cave offers, now or in the future, are governed by these terms.  Time Cave currently allows users to schedule email messages to themselves and others for delivery in the future.  By using any services Time Cave provides, you understand and agree that all Time Cave services are provided "AS-IS" and that Time Cave assumes no responsibility for the reliability, accessibility, timeliness, or any other quality of the services provided.  In particular, no guarantee is expressed or implied concerning the delivery, timely or otherwise, of messages you schedule using the service; Time Cave will not be responsible for the loss, unwanted delay, or premature or incorrect delivery of any email messages submitted to it.  You agree to indemnify and hold harmless Time Cave in all matters concerning any damages caused by the failure of Time Cave.

3. YOUR REGISTRATION OBLIGATIONS 

In consideration of your use of Time Cave, you agree to (a) use only email addresses legitimately associated with you and (b) stop using a Time Cave account if you are no longer legitimately associated with the email address you used to register.  

4. PRIVACY POLICY 

We collect only the information you provide us, as well as the IP address of scheduled messages.  We use cookies only for internal session management (i.e., to recognize you from one page to the next in a given login session) and, optionally, if you request that we remember you so that you don't have to log in manually in the future.  That setting is under your control on the "Account Options" page.  Attempts are made to secure personal information from public viewing, but to the maximum extent permitted by law, Time Cave bears no liability for the failure of any such attempts.  All information you submit to Time Cave may be accessible to Time Cave owners and employees, for any reason at their sole discretion, including but not limited to:  (a) debugging or maintaining the services Time Cave provides and (b) ensuring compliance with the Terms and Conditions.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY 

You will receive a password and account designation upon completing Time Cave's registration process.  You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.  You agree to (a) immediately notify Time Cave of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.  Time Cave cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT 

You agree to not use Time Cave to:
a. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 
b. harm minors in any way; 
c. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity while or in relation to use of Time Cave;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin or nature of any content transmitted through Time Cave; 
e. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 
f. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 
h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
i. interfere with or disrupt Time Cave or servers or networks connected to Time Cave, or disobey any requirements, procedures, policies or regulations of networks connected to Time Cave; 
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
k. store passwords or other credentials for other sites or programs in Time Cave messages except where explicitly permitted by those other sites (and, if you do so, whether or not in compliance with this term, you recognize that Time Cave has no liability for the loss of or delay in sending those passwords and that Time Cave is not responsible for any damages, consequential or otherwise, associated with such loss or delay).

You acknowledge that Time Cave does not screen messages submitted to it, but that Time Cave and its designees shall have the right (but not the obligation) in their sole discretion to refuse to transmit any content uploaded, sent, or submitted Time Cave.  Without limiting the foregoing, Time Cave and its designees shall have the right to remove any content that violates the Terms and Conditions or is otherwise objectionable. 

You acknowledge and agree that Time Cave may preserve any content uploaded, sent, or submitted to it and may also disclose such 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 legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any submitted, sent, or uploaded content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Time Cave, its users and the public. 

You understand that the technical processing and transmission of Time Cave services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. INDEMNITY 

You agree to indemnify and hold Time Cave, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, owners, or employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, upload, send, or transmit through Time Cave, your use of the Time Cave, your connection to the Service, your violation of the Terms and Conditions, your violation of any rights of another, or the failure of any Time Cave service.

9. THERE IS NO 9

10. NO RESALE OF SERVICE 

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Time Cave, use of Time Cave, or access to Time Cave. 

11. GENERAL PRACTICES REGARDING USE AND STORAGE 

You acknowledge that Time Cave may establish general practices and limits concerning use of the services it provides, including without limitation the maximum number of messages any user (or group of users) may send (either per period or in total), the number of days that (or, alternatively, whether at all) email messages will be retained by Time Cave after delivery, the maximum size of any email message that may be sent from or received by Time Cave, the maximum disk space, network bandwidth, or processor time that will be allotted on Time Cave's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Time Cave in a given period of time.

You agree that Time Cave has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by Time Cave. You acknowledge that Time Cave reserves the right to log off accounts that are inactive for an extended period of time (determined at its sole discretion).  You further acknowledge that Time Cave reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 

12. MODIFICATIONS TO SERVICE 

Time Cave reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services it provides (or any part thereof) with or without notice. You agree that Time Cave shall not be liable to you or to any third party for any modification, suspension or discontinuance of Time Cave.

13. TERMINATION 

You agree that Time Cave, in its sole discretion, may terminate your password, account (or any part thereof) or use of the services it provides, and remove and discard any content within such services, for any reason, including, without limitation, for lack of use or if Time Cave believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions.  Time Cave may also in its sole discretion and at any time discontinue providing its services, or any part thereof, with or without notice.  You agree that any termination of your access to Time may be effected without prior notice, and acknowledge and agree that Time Cave may immediately deactivate or delete your account and all related information and files related to  your account and/or bar any further access to such files or Time Cave in general.  Further, you agree that Time Cave shall not be liable to you or any third-party for any termination of your access to the services it provides.

14. DEALINGS WITH ADVERTISERS 

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Time Cave , including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.  You agree that Time Cave shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Time Cave. 

15. LINKS 

Time Cave may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Time Cave has no control over such sites and resources, you acknowledge and agree that Time Cave is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.  You further acknowledge and agree that Time Cave shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 

16. TIME CAVE'S PROPRIETARY RIGHTS 

You acknowledge and agree that Time Cave and any necessary software used in connection with it contain proprietary and confidential information that is protected by applicable intellectual property and other laws.  You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through Time Cave or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.  Except as expressly authorized by Time Cave or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Time Cave or the software used in connection with it, in whole or in part. 

Time Cave grants you a personal, non-transferable and non-exclusive right and license to use the code of any software used in connection with it on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify such software in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to Time Cave . You agree not to access Time Cave by any means other than through the interface that is provided by Time Cave for use in accessing the services it provides.

17. DISCLAIMER OF WARRANTIES 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIME CAVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 
b. TIME CAVE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIME CAVE OR THROUGH OR FROM THE SERVICES IT PROVIDES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS "TERMS AND CONDITIONS" document. 

18. LIMITATION OF LIABILITY 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TIME CAVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TIME CAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION FAILURE OF THE SERVICE TO PERFORM ANY ACTIVITY.

19. EXCLUSIONS AND LIMITATIONS 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.  THIS DOES NOT LIMIT THE FORCE OF THE OTHER AGREEMENTS OR LIMITATIONS.

20. NOTICE 

Notices to you may be made via email.  Time Cave may, but is not obliged to, provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on Time Cave web pages. 

21. TRADEMARK INFORMATION 

Time Cave is a trademark of Time Cave, a sole proprietorship owned by Shawn Bayern.  Without Shawn Bayern's prior permission, you agree not to display or use in any manner this mark.

22. GENERAL INFORMATION 

This "Terms and Conditions" document constitutes the entire agreement between you and Time Cave and governs your use of Time Cave, superceding any prior agreements between you and Time Cave.  The Terms and Conditions and the relationship between you and Time Cave shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.  Time Cave participates in the free civilmoign system.  You and Time Cave agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Tallahassee, Florida. The failure of Time Cave to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.  If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Time Cave or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. 


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GDPR STATEMENT (Updated May 25, 2018)

Time Cave is a very small US business with no employees.  However, we care about your privacy and intend to comply with the relevant provisions of the GDPR.

Here are some disclosures in case they are helpful: 

1. We collect only the information that you provide us, such as your name, email address, and time zone when you register your account.  You are not required to provide your "real" legal name or anything similar; the name you enter is just a display name for your convenience.  When you enter a message, we store the message you have entered and then send it over the email network to deliver it.  The only information we collect that you do not manually provide us is your IP address, which is stored along with each message you send to prevent illegal uses of our service. The IP address is included in the headers of outgoing emails, and we may also disclose it in appropriate cases to state authorities.  We keep the message-specific information that you enter (e.g., recipient, subject, message body) only as long as necessary to complete the tasks (scheduling emails) that you have requested of us.

2. We will honor all requests from European users to view the complete information we store about them and to remove this information (per the "right to be forgotten").

3. We use only internal, "first party" cookies, only to establish continuity from page to page during a given login session.  (In plainer language, when you log in, we use cookies solely to record the fact that you have logged in until you log out or let the login session lapse.)  These cookies do not persist more than several minutes after a session completes; they are unlike other "cookies" used to profile users.  We do not track you for advertisers or other third parties, and we do not build profiles of you based on your data for commercial purposes.  We do not sell your data to others.  If you optionally request on the "Account Options" page that we remember you so that you don't have to log in manually with a username and a password each time you visit Time Cave, we use a cookie upon your request for that reason alone.  You may of course disable this feature if you have activated it in the past.

4. We have never, to our knowledge, been subject to a data breach but have procedures to notify you in a timely fashion if we discover one.  Our system is designed so that only the owner of Time Cave has access to your data, and we believe we have taken steps even beyond routine security practices in order to secure our server.

5. We do not contact you for any reason in the normal course of business.  The only email messages we ordinarily send are those that you ask us to send.  The one exception to this is that if you choose to "subscribe" for our advanced services, we will acknowledge your subscription and also send you a single reminder if the subscription is nearing expiration.  Of course, we will also reply to customer-service requests that you send us manually.