This page describes the terms and conditions that govern your use of certain Times of Central Asia (“Times”) products or services,
including Timesca.com, offered by the Times of Central Asia.
THESE TERMS DETERMINE YOUR LEGAL RIGHTS: PLEASE READ THEM.
1. RULES
1.1 If you choose to use certain Times products or services displaying or otherwise governed by these Terms of Service, including timesca2stg.wpenginepowered.com (the “Site”), and any of the features of the Site (the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service.
1.2 We may change, add or remove portions of these Terms of Service at any time by notifying you of the change in writing (including email or by updating the date above after “Last Updated On”). Such changes will become effective immediately upon posting.
1.3 IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY DISCONTINUE YOUR USE OF THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE ACCEPTANCE BY YOU.
1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2. CONTENT AND SERVICE PROVISIONS
2.1 The contents of the Services, including the Site, are intended for your personal, non-commercial use. All materials published or available on the Services (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, metadata, data, or compilations, all also known as the “Content”) are protected by copyright, and owned or controlled by The Times of Central Asia or the party credited. The Times of Central Asia also owns copyright in the selection, compilation, and design of such Content (“Arrangement”). You shall respect all copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, and other intellectual or proprietary rights in or to the Services and Content pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, communicate to the public or in any way exploit, any of the Content or the Services.
2.3 You may download or copy the Content and other downloadable items displayed on the Services for your personal use only, provided that you maintain all copyright and other notices contained in the Content. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from the Times
3. USER GENERATED CONTENT
3.1 If you upload, post or submit any content on the Site you represent to us that you have all the necessary legal rights to upload or submit the content and it will not violate any law or the rights of any person. You shall not upload, or distribute, any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with any intent to defraud. You shall not upload to, or distribute or otherwise publish to the Site any malware, viruses, spyware, or other malicious software to the Site.
3.2 You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
3.3 You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
3.4 The Services may be used only noncommercially. Without the approval of the Times, you may not distribute or publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.5 You acknowledge that any submissions you make to the Site may be edited, removed, modified, published, and displayed by the Times and you waive any rights you may have in having the material changed.
3.6 You grant the Times a perpetual, nonexclusive, world-wide, royalty-free, exchangeable license to the submissions, which includes without limitation the right for Times, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, create derivative works of, host, modify and adapt in any form or media now known or developed at any time, any submission posted by you.
3.7 The Times reserves the right to delete, move, or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.
4. PROHIBITED USE OF THE SERVICES
4.1 You may not access or use, or attempt to access or use, the Services to take any action that could harm the Times or a third party. You may not use the Services in violation of applicable laws or in violation of our or any third party’s intellectual property or legal rights. Without Times’s prior written consent, you shall not: (1) access any part of the Services, Content, data or information you do not have permission or authorization to access; or (2) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
5. WARRANTIES AND INDEMNIFICATION WITH LIMITS ON LIABILITIES
5.1 You represent and promise: (1) materials submitted will not: (a) violate, plagiarize, or infringe upon the rights of any third party, or (b) contain libelous or otherwise unlawful material; (2) that you are at least thirteen years old if you are in the USA and the UK, and sixteen years old anywhere else; and (3) if you are under eighteen years old, your parent or legal guardian has read these Terms of Service and agreed to them and your use of the Service.
5.2 You hereby indemnify, defend and hold harmless the Times and all officers, directors, owners, agents, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim.
5.3 The Times does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. Times will not be liable to you or any other person as a result of a user’s interactions with other users. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information will be at your sole risk. To the greatest degree allowed by law, the services offered here are provided on an “as is” basis without warranties of any kind, express or implied.
5.4 The Times, its affiliates, directors, officers, employees, and licensors shall not be liable to you as a result of your use of these services for any indirect, special, incidental, punitive, or exemplary damages.
6. GOVERNING LAW AND JURISDICTION
6.1 These Terms of Service have been made and will be construed and enforced in accordance with the laws of the United States of America and the state of New York without regard to their conflict of law provisions.
7. WAIVER OF CLASS ACTIONS AND MANDATORY ARBITRATION
7.1 Binding Arbitration. You and the Times acknowledge that any legal claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, you and Times agree that, except for a) statutory or common law claims related to intellectual property, and b) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to the Terms of Service, the Terms of Sale, your relationship to the Times as a reader, or your use of any of Times’s Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration. YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY.
7.2 WAIVER OF CLASS ACTIONS. YOU AND THE TIMES AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION.
7.3. Arbitration. Arbitrations for any disputes between us relating to the Covered Claims will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”). All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision–including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision–are for the court to decide.
Unless you and the Times agree otherwise in writing, any hearings for the arbitration will take place in a location to be determined in accordance with the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.
Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the state of New York. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties.
8. MISCELLANEOUS
8.1 Correspondence should be sent to admin@timesca.com
8.2 The Times works to ensure the timely correction of any incorrectly reported facts to the public. In the event you believe erroneous information has been posted, please contact admin@timesca.com who will work to review the matter.
8.3 You agree to report any violations of the Terms of Service to the Times as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in a Service, please notify admin@timesca.com.
8.4 Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties will not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service.
8.5 If a provision of these Terms of Service is held invalid or unenforceable for any reason, that provision will be deemed severable and must be construed in a manner consistent with applicable law to reflect the intention of the parties. The validity and enforceability of any remaining provisions will not be affected.
