Thank you for visiting myTimeHero (mTH). We are providing this Web site as a simpler alternative for a more mature audience to celebrate their lives online as they travel through time. Most of us have endured tremendous social, political, or economical change during our years on this rock, and we've all endured an almost overwhelming technological evolution. We hope that myTimeHero.com will provide you with a forum from which you can meet new friends, share your likes and dislikes, brag about your kids or grandkids, and celebrate your accomplishments with others. We can't all be Nobel laureates or space shuttle commanders, but we all have one common thread...we're doing the best we can with what we've been dealt...and that is something to celebrate! So let's share our trials and tribulations, our stories of overcoming the odds, how we were the first to get a college education in our family, or why running a small business isn't all that it's cracked up to be. We hope you share our view that we don't need any heroes...but we probably know quite a few. You know, the ones that you just go "wow, I don't have a clue how they did it, but..." Shouldn't they be recognized too?

Now the Legal Stuff...

These terms of use ("TOU") constitute a binding agreement between mTH and you governing your use of the Web site. By visiting this Web site, you agree to be bound by all of the terms and conditions of the TOU. This applies to visitors or registered users.

If you do not agree to these TOU, please do not continue to visit or register to use this site.

To ensure that our users, content providers and service providers may feel safe and respected, these TOU will be strictly enforced. Therefore, if we believe you have breached the TOU, we may, without notice, suspend or terminate your ability to access the mTH Web site and/or any of its features.

Users of any age may use the "Nominate a TimeHero" feature within this Web site. We are providing this service to allow the younger generation to celebrate and connect with a more mature role model, family, or friend and let them know why they think of them as their TimeHero. This may be the only means for which some of our youth can express their heartfelt feelings for how proud and inspired they truly are, by the impact their TimeHero has had on their lives.

As a Registered User, you will have your own home page consisting of access to content and tools such as your customizable profile, community features (e.g., interest groups, photo albums, discussion boards, etc), and other services in which only Registered Users may participate.

Each Registered User receives a unique username and password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your profile. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

By registering, you represent that you are of legal age to form a binding contract and are legally able to use a Web site, such as mTH. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If mTH suspects that your registration information is not complete, current, or accurate, your account may be subject to suspension or termination, and you may be barred from using the mTH Web site.

Your use of mTH is subject to our Privacy Policy. To view the mTH Privacy Policy, please visit www.mytimehero.com/about/privacy.

mTH may make available to you certain products or services offered by third parties via links to their Web site. Those third party Web sites are not governed by this TOU but may be governed by other terms of use. Also, we are not responsible for the quality of information on any of these third-party Web sites or any link contained within such sites. While rare, please be aware that these links may lead unintentionally to sites containing information that some people may find inappropriate or offensive.

mTH reserves all rights, title, and ownership of the entire contents of this Web site, as a collective work under the laws of United States and other copyright laws. However, the collective work includes works that are the property of others, such as individual contributors. These works, in turn, are also protected by copyright and other intellectual property laws that vest to their respective owners. You may display and, unless otherwise noted, download and print out portions of mTH content solely for your own personal, non-commercial use. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from this site.

The ideas, suggestions, opinions, comments, and observations made by mTH users (visitors or registered users), and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by mTH users (all of which are referred to as "User Content") are not the opinion, representation, or endorsed by mTH, and we make no guarantee regarding the reliability, accuracy, or quality of any User Content that is posted on this Web site. All User Content posted to the Web site is the sole responsibility of the user who originally posted the User Content, and your sole recourse for any damage you may suffer as a result of User Content shall be to such individual.

All User Content submitted to mTH becomes the property of mTH. By submitting User Content, you are representing that you are the creator of the material you submit, or have authorization to distribute it. Also, by posting User Content on mTH, you expressly grant mTH the rights to use, reproduce, modify, or distribute the content in any form.

If you choose to post User Content on mTH Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of mTH reflects your respect for the legal rights of users connected with mTH. In particular, you agree to the "Rules of Conduct" posted below (though this is not meant as an exhaustive list).

You acknowledge that mTH may or may not pre-screen User Content, but that mTH shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any User Content from the Web site, with or without notice.

The following rules of conduct apply to your use of the Web site and to any and all materials you post on mTH, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material ("User Content") whether the User Content is included in blogs, forums, discussion groups, e-mails, profiles, comments, or any other portion or feature of mTH. You may not, in connection with the Web site:

1. upload, post, email or otherwise transmit any User Content that
   1. is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
   2. infringes or violates any patent, copyright, trademark, trade secret or other property right;
   3. breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   4. a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
   5. constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
   6. violates or encourages others to violate any applicable law, statue, ordinance or regulation;
   7. promotes software or services that deliver unsolicited e-mail; or
   8. contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
2. harm minors in any way;
3. solicit personal information from anyone under 18;
4. provide false or deceptive information;
5. use mTH as a forwarding service to another Web site;
6. engage in commercial activities within mTH, or by using mTH content;
7. do anything to prevent the full and complete display of advertisements on mTH pages. These include, but are not limited to, making blog style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on pages within the Web site;
8. exceed the scope of the services that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people's entries or other Content when you have not been granted the privileges to do so; or
9. allow usage by others in such a way as to violate mTH's TOU.

mTH respects and admires the intellectual property of others, and we ask our users to do the same. Therefore, you may not post, modify, distribute, or reproduce in any way any User Content that is copyrighted material belonging to others, without obtaining the prior written consent of the owner of such material. mTH reserves the right, in its sole discretion, to remove any User Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe have infringed upon such.

If you believe that your work has been copied and posted on the Web site in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the "DMCA"), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Please be aware that there can be penalties for false claims under the DMCA. We strongly suggest that you consult with a legal advisor before pursuing any such filing.

The requirements for notices under the DMCA can be found at:

http://www.copyright.gov/legislation/dmca.pdf

Please submit any notice of claims of copyright or other intellectual property infringement to mTH at:

By email:
mthabuse@mytimehero.com

You agree to indemnify and hold mTH and its members, developers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, transmit, or otherwise make available through the Web site, your use of the Web site or other mTH services, your connection to the Web site, your violation of the TOU, or your violation of any rights of another.

mTH reserves the right at any time to modify or discontinue the Web site (or any part thereof) with or without notice. mTH shall not be liable to you or to any third party for any lost data stored on our servers, modification, suspension or discontinuance of the Web site.

mTH may, under certain circumstances and without prior notice, immediately terminate your account and access to the Web site. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the TOU or other agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to the Web site (or any part thereof); (e) unexpected technical or security problems; (f) extended periods of inactivity; and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes: (a) removal of access to all pages within the Web site; (b) deletion of your user account and all related information, files and materials, including User Content associated with or inside your account (or any part thereof); and (c) barring of future use of the Web site. Further, you agree that all terminations for cause shall be made in mTH's sole discretion and that mTH shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Web site.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MTH AND ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.

MTH AND ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (1) THE WEB SITE OR ANY OTHER SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH MTH WILL MEET YOUR EXPECTATIONS; AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MTH OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEB SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEB SITE. IMMEDIATELY DISCONTINUE USE OF THE WEB SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEB SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MTH AND ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 MTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEB SITE; (2) 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 WEB SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE OR MTH.

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 LIABILITY MAY NOT APPLY TO YOU.

MTH may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on the Web site.

Please report any violations of the TOU to mthabuse@mytimehero.com.