Terms of Service

Terms of Service

By using TabTimes or registering with us, you are agreeing to the Terms of Service (“TOS”) and may use our services as long as you comply with the TOS.

A. Registering a Username

You will need a username to use some services. To register a username and create an account, you must be 13 years of age unless TabTimes expressly indicates otherwise. You must give us true and accurate information about yourself and keep that information up to date.

You are responsible for maintaining security and control over your login to TabTimes. If you fail to maintain security or control over such an e-mail address or other online identifier, you are responsible for any consequences and may lose access to your personal information and any data stored on our Services. Also, we are not responsible for the release or loss of any information that is identified with that address or identifier.

Your username and account may be terminated if you do not sign on TabTimes with your username at least once every 90 days. If you are registered for fee-based or term-specific Services, we will not terminate your username or account unless they are subject to being terminated for some other reason.

After we terminate or deactivate your account for inactivity, we have no obligation to retain, store, or provide you with any data, information, e-mail, or other content that you uploaded, stored, transferred, sent, mailed, received, forwarded, posted or otherwise provide to us (collectively “posted” or “post”) on TabTimes and may allow another user to register and use the username. We also have no obligation to remove any public data, content, or other information that you posted on TabTimes or reactivate your account.

B. Using Our Services

To use our Services, you must:

  1. Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;
  2. Immediately notify us if you learn of a security breach or other illegal activity on TabTimes;
  3. Protect your username and password;
  4. Not post content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious;
  5. Not engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;
  6. Not use any automated process to access or use TabTimes or any process, whether automated or manual, to capture data or content from any Service for any reason; and
  7. Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to TabTimes.

To prevent violations and enforce this TOS and remediate any violations, we can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you.

If you elect to store authentication information, such as a username and password, where others may access it, we are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access our services. If you lose a device, such as a laptop, desktop, or smartphone, or a device is stolen containing your username and password, it is up to you to take all the steps necessary to protect yourself.

C. Our Services

When providing you with our Services, we may display advertising within them and you agree to accept the advertising on whatever devices, including a tablet, you are using to access our Services.

We may, in our sole discretion, change any aspect of TabTimes or discontinue TabTimes without notice.

TabTimes is based in the United States. You may use it only if it complies with the laws of the country from which you are accessing TabTimes.

D. Posting Content on Our Services

You can post content to TabTimes only if:

(a) you created and own the rights to the content or you have the owner’s express permission to post the content; and

(b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, this TOS, our Community Guidelines, or any other posted policies.

We can remove content for any reason.

You are responsible for any content you post to our Services and the consequences of sharing or publishing such content with others or the general public. We are not responsible for the consequences of sharing or posting any personal or other information on our services.

You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person.

By posting content on TabTimes, you grant us and our agents and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, promote and distribute this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content, except as specified for specific types of content.

E. Using Our Content and Trademarks

TabTimes owns all rights, title, and interests in its content and in any compilation, collective work or derivative work created by us using or incorporating this content.

TabTimes and its content are protected by copyright and trademark. You agree that you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content.

You may be given the opportunity to download some content. You may do so only to the extent authorized for that particular content. You may not use the content in a manner that exceeds the rights granted for your use of the content nor may you copy or distribute the content or create a derivative work unless you are authorized to do so.

The content provided on TabTimes, including content posted by users, is for general information, discussion and entertainment purposes only. We make no representations or guarantees about any aspect of the content on TabTimes and do not endorse any opinions expressed by any users. ALL CONTENT IS POSTED “AS IS” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.

You may not use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features

F. Disclaimer

WE SUPPLY TABTIMES “AS IS.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF TABTIMES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. IN ANY DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING TABTIMES.

WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF TABTIMES.

G. General Legal Terms

This TOS along with any supplemental terms for some Services constitutes the whole legal agreement between you and TabTimes.

We may modify this TOS from time to time. If you do not agree to the changes, stop using TabTimes before the changes take effect. Your use of TabTimes after the effective date of any changes means that you agree to the changes.

If a court of law finds that any provision of this TOS is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE:  (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information.

We may be required by law to release information to a third party about your account, including the content of e-mail. Except as prohibited by law, we will send you notice if we plan to comply with a civil subpoena related to your account. You agree to hold us harmless for the release of any information related to your account in connection with a civil subpoena including, but not limited to, any claims that you did not receive notice of the civil subpoena from us.

(Updated as at October 23, 2011)