This Agreement pertains to your legal rights and obligations so please review it. If you cannot agree to be bound by this Agreement, do not access or use our website and any related software located at www.timbling.com (the "Site"). By clicking "I AGREE" at the registration you hereby (i) agree to be bound by the same, and (ii) represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
If you agree to this Agreement on behalf of a legal entity, you represent and warrant that you have the authority to execute the present Agreement for and on behalf of such legal entity.
"Account" means an account you register/sign up on the Site.
"Founder" means any individual or a legal entity utilizing the Site to post and/or start a job/project on the Site for the Cooperator(s) to help out in the job/project free of cost.
"Cooperator" means any individual or a legal entity utilizing the Site to collaborate with the Founder on the job posted/started by him free of cost.
"Service(s)" means the service(s) provided by the Company to you by making available the Site.
"Proprietary Rights" means any and all rights, title, ownership and interest in and to copyrights, mask works, industrial designs, trademarks, service marks, trade names, trade secrets, patents, and any other rights to intellectual property, recognized in any jurisdiction, whether or not perfected.
You must make an Account on this Site in order to enjoy our Services. You must be at least 18 years of age to register on the Site. During registration, you will be required to provide contact information, consisting of a valid email address, username and password. The registration shall be deemed to be conclusive proof that you use our Site. We reserve the right, with or without giving any reasons, to reject, remove, restrict or suspend any username
The registration shall be non-transferrable. It shall be your sole duty to keep your username and password confidential and Company shall bear no responsibility for any access, use/misuse of the Site in connection with your Account. If you become aware of any unauthorized use of your Account, you must notify the Company in writing of such use.
Company allows Founders to build up a team to work on an assignment/project and seek help from Cooperators so they may share expertise with each other. No money is attached to any project listing and whatever the Founder and Cooperator will do is for free.
Subject to and conditioned on compliance with this Agreement and the other Site policies, the Company grants you a limited license to access and, if you are a Member, to use this Site for the purpose of enjoying our Services made available and authorized from this Site. You shall not access or use the Site or Services for any reasons that are in competition with the Company.
As a Member, you may create postings which will be made public via the Site and all or some Members will be able to view the same. To this end, you will be asked a variety of questions about the nature, qualification and timeline of the project.
When a Founder creates a posting, he may also choose to include certain requirements which must be met by the Cooperators in order to be eligible to help out on the project.
You understand and agree that you are responsible for any and all postings you post. You represent and warrant to us and other Members that any posting you post and the viewing of the same (i) will not breach any agreements you have entered into with any third parties (ii) will be in compliance with all applicable laws, rules and regulations that may apply to any posting and (iii) not conflict with the rights of third parties.
Please note that we do not assume any responsibility for a Member’s compliance with any applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to remove or disable access to any posting for any reason, including postings that we, in our sole discretion, consider to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Site or Services.
You understand and agree that we do not act as insurer or as a contracting agent for dealings between Members.
We do not endorse any Members or any project postings. In addition, although this Agreement require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site regarding any job postings made by you.
You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Site. In connection with your use of our Site, you agree that you will not:
violate any local, state, provincial, national, or other law or regulation;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site and Services;
copy, store or otherwise access any information contained on the Site for purposes not expressly permitted by this Agreement;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
"stalk" or harass any other user of our Site or collect or store any personally identifiable information about any other user other than for purposes permitted in this Agreement;
register for more than one Account or register for an Account on behalf of an individual or entity other than yourself or for which you are not authorized;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
recruit or otherwise solicit any Member to join third party services or websites that are competitive to us, without our prior written approval;
use automated scripts to collect information or otherwise interact with the Site;
post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site or any individual element within the Site or Services, our name, any of our trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
attempt to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or advocate, encourage, or assist any third party in doing any of the foregoing.
We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that we have no obligation to monitor your access to or use of the Site or to review or edit any Member content, but has the right to do so for the purpose of operating the Site to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, in our sole discretion, consider to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Site or Services.
COLLABORATION BETWEEN FOUNDER AND COOPERATOR
The Founder may post a project/job on the Site with certain conditions mentioned therein and the Cooperator may respond to the project with the same terms or propose new terms to the same. If the Founder and Cooperator agree to the conditions, they start to work together but there is no fee involved.
ENFORCEMENT OF THE AGREEMENT AND POLICIES
Without limiting the Company’s other remedies, the Company shall have the right, but not the obligation, to suspend or cancel your access to the Site if (i) you breach any terms and conditions of this Agreement or other written policies and procedures posted on the Site, or violate Company’s rights or those of another party; (b) the Company is unable to verify or authenticate any information you provide to the Company; or (c) the Company believes that your actions may cause legal liability to you, other users or the Company. If your Account is suspended or terminated, you MAY NOT continue to use the Site under a different account or re-register under a new account. In addition, violations of this Agreement may be prosecuted to the fullest extent as permitted by law and may result in additional penalties and sanctions. When your Account is cancelled, you may no longer have access to any parts of the Site, including data, messages, files and other material you keep/kept on the Site.
The Company, in its sole discretion, reserves the right to determine whether or not your use of the Site or Services is in conjunction with this Agreement.
RELATIONSHIP WITH THE COMPANY
Company is not a party to the dealing between Founder and Cooperator, including posts, proposals and performance and shall not have any duty thereof. We merely make the Site Services available for Members to collaborate on a project and to determine and identify for themselves the feasibility to help each other out. We do not direct, have no control over, make no representations, and do not guarantee the quality, safety or legality of services advertised, the truth or accuracy of the qualifications, background, or identities of Members or the ability of Cooperators.
INTELLECTUAL PROPERTY RIGHTS
The Company and its licensors reserve all Proprietary Rights in and to the Site. You may not use the Site except as necessary for the purposes of performing your obligations under this Agreement. The Company reserves the right to withdraw, expand, otherwise change or cease to operate the Site at any time at the Company's sole discretion.
TERMINATIONS AND MODIFICATIONS
The terms of this Agreement commences on Effective Date. We reserve the right to modify or discontinue all or part of the Services, temporarily or permanently, with or without notice to you, and are not obligated to support or update the Service. You agree that we shall not be liable to you or a third party for modifications, suspensions or changes to Services.
You acknowledge that we may, at our discretion delete, limit your access, terminate or deactivate your Account, block your IP address, cancel the website or otherwise terminate your access and remove and discard your content.
You agree that we may make changes to this Agreement, and other rules, whenever necessary to comply with governing laws or further the goals of this Agreement and ensure an overall positive user experience. Notice of such changes may be made by email, regular mail, postings on the Service or will be noted as amendments or updates on this “Terms of Service” page.
COMPLIANCE OF COPYRIGHT LAWS
We will respond quickly to claims of copyright infringement. If you believe any of your copyright is infringed by our content, please provide us with a written notice via mail or email at the following address:
21 Tebei Street, Corp C,Parter
400305, Cluj Napoca, Cluj
Your notice must contain the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material you claim is infringing is located on our website;
Your address, telephone number and email address.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
ELECTRONIC DELIVERY STATEMENT AND YOUR CONSENT
You agree that we may provide to you notices and other information concerning the Site or our Services electronically, including notice to any email address that you may provide.
We make no representation that content on this Site is appropriate or available for use in locations outside of Romania. If you choose to access this Site from a location outside of Romania, you do so, on your own initiative and you are responsible for compliance with local laws.
WARRANTY & DISCLAIMER
THE SITE IS AVAILABLE ON “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, NEITHER WE, NOR OUR MANAGERS, OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED OR STATUTORY, REGARDING THE SERVICE(S), ITEMS, CONTENT, USER-CONTENT, PRODUCTS, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION PROVIDED ON SITE OR ANY ACTIVITIES RELATED TO THIS AGREEMENT.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
You shall indemnify, defend and hold harmless the Company and its subsidiaries, affiliates, officers, agents, employees, representatives and agents (“Indemnified Party(s)”) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to (i) your use of Site, or (ii) any claim, judgment, or adjudication that any project, services or action or omission by you infringes Proprietary Rights or other rights of any third party.
THIRD PARTY LINKS
The Company may include on the Site links to third party websites. You agree that we are not responsible or liable for any content or other materials on third party websites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that the Company shall not be responsible for any claim or loss due to a third party site or any advertiser.
SEVERABILITY, INTEGRATION AND GOVERNING LAW
This Agreement and any supplemental terms, policies, payment plans, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
This Agreement shall be governed and construed by the laws of Romania without regard to its conflict of law provisions. In the event of a dispute regarding this Agreement, the courts of Romania shall have the exclusive jurisdiction in the matter.
The failure or delay of the Company to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that the Company's right to later enforce or exercise it, unless the Company issues an express written waiver, signed/executed by a duly authorized representative of the Company.