TERMS OF SERVICE
BY CREATING AN ACCOUNT OR BY UTILIZING THE TMP SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.Welcome to the TMP service, website or mobile application (collectively, the "Service"). Your use of the Service is subject to these Terms of Service. These Terms of Service are a legal agreement between You and TMP LLC. (“TMP”), a Delaware Corporation, for use of the TMP service. "You" refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You are accessing the Service on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms of Service on its behalf. If You do not agree with the terms of this Agreement, do not use the Service. TMP reserves the right to update and change the Agreement from time to time without notice or acceptance by You. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify Your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. SERVICEThe Service includes, and is limited to, a service, web site, or mobile application that allows You access to and use of a TMP account. TMP referred to herein means an Online Community of Project Managers, and aims to become an efficient working environment for users. The Service may contain information, data, time-tracking, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service (collectively, “Content”). Subject to these Terms of Service, TMP grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
A "TMP Account" or "Account" referred to herein means a service, web site, or mobile application, provided by TMP, where You may use TMP to create, update, share, and publish information, data, text, messages or other materials ("User Content").
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from TMP, such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by TMP for use in accessing the Service. TMP will provide the Service in accordance with this Agreement. TMP may at its sole discretion modify the features of the Service from time to time without prior notice.
2. REGISTRATIONIn order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide TMP with an electronic mail address and other information ("Registration Data"). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify TMP of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. TMP cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. TMP assumes no duty to verify such information as further detailed in the (12) CONTENT OF THE SERVICE section of these Terms of Service. If You provide any information that is untrue, inaccurate, not current or incomplete, or TMP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TMP has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).
3. BILLINGTMP will give to the User the option for using the service as a free trial por a period of time (the one that TMP deemed appropriate). After the trial period, TMP will require a payment method subscription if necessary. If You choose to subscribe to a Paid Plan, You shall pay fees to TMP. Upon selection of a Paid Plan, You will provide TMP with the necessary billing information ("Billing Data").
Credit cards are the only payment mechanism TMP will accept for payment of a monthly or yearly subscription fee ("Subscription Fee") for a Paid Plan. All currency references are in U.S. dollars. Paid Plans can be paid as either a monthly Subscription Fee or a yearly Subscription Fee. If you select a Paid Plan, You must provide current, complete and accurate Billing Data. You must promptly update all Billing Data to keep Your Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and You must promptly notify TMP if Your Payment Method is changed (for example, for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your name or password. If You fail to provide any of the foregoing information, You agree that TMP may continue charging You for any use of the Paid Plan under your Billing Data unless You have terminated Your Paid Plan as set forth herein. If You select the Monthly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on the first Business Day of each Month. You agree that TMP may charge to Your credit card all amounts due and owing for Your Account on that monthly basis or upon cancellation (see "Termination, Breach, Suspension and Cancellation" and "Refund"). If You select the Yearly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on the day You sign up. You agree that TMP may charge to Your credit card all amounts due and owing for Your Account on that yearly basis unless you cancel the account (see the "Termination, Breach, Suspension and Cancellation" and "Refund" sections of these Terms of Service). TMP will contact You via electronic mail to alert You upon each charge. TMP may change prices at any time without prior notice, but will endeavor to provide reasonable advance notice via the TMP website and/or electronic mail. You agree that in the event TMP is unable to collect the fees owed to TMP for Your Account through Your Subscription Fee, TMP may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by TMP in connection with such collection activity, including collection fees, court costs and attorneys' fees. As long as Your Account remains active and in good standing, You will be charged the Subscription Fee even if You never use the service. You may, however, cancel Your Paid Plan at any time.
4. TERMINATION, BREACH, SUSPENSION AND CANCELLATIONIf Your Subscription Fee payment is overdue, TMP will disable Your access to the features provided by the Paid Plan. TMP may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content (including Your User Content) contained in Your Account, and TMP may delete Your User Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, TMP may also withdraw and at its discretion reallocate the public web address of Your Account. If You terminate Your Account, via means provided for cancellation on the TMP website, or via telephone call or electronic mail to TMP, and You request that TMP delete Your User Content and files contained in Your Account, TMP will make all reasonable efforts to do so.
5. REFUNDTMP provides means for Account and Paid Plan cancellation on the TMP website. If You cancel Your Account within 90 calendar days of the date of sign up, and You request a refund, TMP will refund all payments You have made to TMP within the 90 calendar days prior to the cancellation and refund request.
6. INTELLECTUAL PROPERTYTMP and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of TMP's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service. TMP is a Trademark of TMP LLC.
7. EXPORT RESTRICTIONSYou acknowledge that the Service, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
8. INJUNCTIVE RELIEFYou acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to TMP, its affiliates, suppliers and any other party authorized by TMP to resell, distribute, or promote the Service ("Resellers"), and under such circumstances TMP, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
9. PROPER USETMP does not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to You. However, by uploading any User Content to the Service, You agree that TMP may store and display (only to You, to the extent that You make such User Content private) Your User Content solely as necessary in connection with the Service. To the extent You choose to share any of Your User Content with other users of the Service, You agree to allow these users (i.e., only the users you specify) to view Your User Content and, to the extent applicable, collaborate with You and Your User Content. You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that You, and not TMP, are entirely responsible for all User Content that You upload, post, transmit or otherwise make available via Your Account. TMP does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Service, You may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will TMP be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that TMP does not pre-screen User Content, but that TMP and its designees shall have the right (but not the obligation) in their sole discretion to refuse, modify or move any Content that is available via the Service. Without limiting the foregoing, TMP and its designees shall have the right to remove any User Content that violates the Agreement or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not reasonably rely on any Content created by TMP or submitted to TMP. You acknowledge and agree that TMP may preserve User Content and may also disclose User 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 Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TMP, its users and the public.
If TMP discloses User Content to comply with legal process or respond to claims that any User Content violates the rights of third-parties, to the extent permitted by law, regulation or legal process, TMP agrees to provide You with prompt notice of any such legal or governmental demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure. You understand that the technical processing and transmission of the Service, including Your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Should User Content be found or reported to be in violation with, but not limited to, the following terms, it will be in TMP's sole discretion as to what action should be taken. You agree that You will not: (a) upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a TMP official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service; (e) upload, post or otherwise transmit any User 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 or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; (g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", including but not limited to (a) sending mass email to recipients who haven't requested email from You or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting Your site by posting multiple submissions in public forums that are identical; (h) upload, post 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 the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (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; (k) "stalk" or otherwise harass another; (l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices. (m) offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) You do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) TMP determines, in its sole discretion, is inappropriate for sale through the Service provided by TMP; (n) use the Account website as a redirecting/forwarding service to another website; (o) exceed the scope of the Service that You have signed up for; for example, accessing and using the tools that You do not have a right to use, or having humans share User logins, or deleting, adding to, or otherwise changing other people's comments or User Content as an Account holder. If any user is reported to be in violation with the letter or spirit of these terms, TMP retains the right to terminate such account at any time without further warning.
11. CONTENT OF SERVICETMP takes no responsibility for any third-party Content or User Content (including, without limitation,any viruses or other disabling features), nor does TMP have any obligation to monitor such third-party Content. TMP reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates these Terms of Service. TMP also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of TMP, its users and the public. TMP will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
If TMP discloses such information to satisfy any applicable law, regulation, legal process or governmental request or to respond to user support requests, to the extent permitted by law, regulation or legal process, TMP agrees to provide You with prompt notice of any such demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure. Your TMP profile page is public. This includes your name and any activity that you have had on (including without limitation any User Content that you have submitted to) public boards.
12. INTERNATIONAL USERecognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable User 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.
14. REPRESENTATIONS AND WARRANTIESYou represent and warrant that (a) all of the information provided by You to TMP to participate in the Service is correct and current; and (b) You have all necessary right, power and authority to enter into these Terms of Service and to perform the acts required of You hereunder.
15. NO WARRANTIES OR REPRESENTATIONS BY TMP LLCYou understand and agree that the Service is provided "as is" and TMP, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on TMP's servers. TMP, its affiliates, suppliers and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user's requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You. No oral or written information or advice given by TMP or its authorized representatives shall create a warranty or in any way increase the scope of TMP's obligations. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, TMP, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
16. INDEMNITYYou agree to indemnify, defend and hold harmless TMP, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms of Service or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service (including without limitation Your User Content) or other right of any person or entity.
17. MODIFICATIONS TO SERVICETMP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that TMP shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.
18. NO AGENCYNo agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and TMP Software is intended or created by these Terms of Service.
19. LIMITATION OF LIABILITYIn no event will TMP or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if TMP, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, TMP's, its affiliates', suppliers' and Resellers' maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months.
20. WAIVER AND SEVERABILITYFailure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
21. STATUTE OF LIMITATIONSYou agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of TMP services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. CHOICE OF LAW AND FORUMThis Agreement shall be governed by and construed under the laws of the State of New York, USA, as applied to agreements entered into and to be performed in New York by New York residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving the Borough of Manhattan, in the City of New York, in the State of New York, USA.
23. ENTIRE AGREEMENT/GENERAL PROVISIONSThis Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. TMP may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of TMP upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on TMP, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to TMP under this Agreement must be sent to the following electronic mail address for such purpose: email@example.com
Or the following physical address:
55 Broadway, 25th Floor
New York, NY 10006
1. SAFE HARBOR OVERVIEWWe have chosen to comply with the principles of the Safe Harbor Framework developed by the U.S. Department of Commerce in consultation with the European Commission and the Federal Data Protection and Information Commissioner of Switzerland, except where limited by any legal, regulatory, ethical or public interest considerations. More information about the principles that make up the Framework, as well as other frequently asked questions relating to Safe Harbor can be found at: http://www.export.gov/safeharbor. In accordance with our commitment to protect personal privacy, TMP adheres to the principles of the Safe Harbor Framework as developed by the U.S. Department of Commerce in consultation with the European Commission. The seven principles and fifteen Frequently Asked Questions (FAQs) referred to in this policy constitute Safe Harbor privacy framework. These principles and FAQs may be found at: http://www.export.gov/safeharbor. The EU Safe Harbor program is due to be superseded by the EU Privacy Shield later this year. Until such time, data collected will remain in compliance with Safe Harbor.
3. INFORMATION YOU CHOOSE TO DISPLAY PUBLICLY ON OUR SERVICESSome users may elect to publicly post personally identifying or sensitive information about themselves in their normal use of our Services. This could occur through use of optional profile fields, in interactions on public boards, wikis, cases and forums, or if a previously private interaction is made public. Information like that, which is voluntarily posted in publicly visible parts of our Services, is considered to be public, even if it would otherwise be considered to be personally identifying or sensitive. As such, it is not subject to the protocols listed below, because we don't control it; you do. Additionally, voluntarily publicizing such information means that you lose any privacy rights you might normally have with regards to that information. It may also increase your chances of receiving unwanted communications, like spam. Please also remember that if you choose to provide personally identifiable information using certain public features of the Services, individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through our Services.
4. INFORMATION YOU GIVE TO OTHER PEOPLEThis Policy only applies to information collected by TMP. It does not apply to the practices of companies that we don't own or control, or employees that we don't manage. Information on our Services’ boards, wikis, cases and forums may contain links to third party websites, and any information you provide to those sites will be covered by any privacy policies they may have. Please be sure to read the privacy policies of any third-party sites you visit. It is those sites' responsibility to protect any information you give them, so we can't be held liable for their wrongful use of your personally identifying information.
Need to report a security vulnerability?
Please contact firstname.lastname@example.org