Terms of Service
The web address, rickytims.com (including rickytims2.com), is the Internet address by Ricky Tims.
Your use of rickytims.com is subject at all times to our Terms of Service. Your use of our site constitutes your acceptance of these terms. All who create a login registration or purchase a class must accept all of the terms and conditions of our Terms of Service. If you have questions about any of these documents, please contact us by sending an email via the contact us page on our site.
Interactivity Policy
This policy outlines what you can expect on rickytims.com, and the kind of online behavior we expect of you. It also contains the terms on which we make the service available. Our community is always evolving, so it’s important that you periodically check here for updates and new information. All of our activities and other services, regardless of when they are added to rickytims.com are governed by our Terms of Service.
Appropriate Online Content.
By “Content,” we mean the communications, images, sounds, and all the material and information you see on our site. rickytims.com, registered users, our affiliates, and any independent content providers will provide most of the Content on rickytims.com. User populated Content consists of, but is not limited to Comments, Testimonials, and Image Uploads. rickytims.com does not pre-screen all of the Content available on our Service. rickytims.com does not assume any responsibility or liability for Content that is provided by Members or other guests on rickytims.com. rickytims.com does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. We reserve the right to remove Content that we feel is objectionable or inappropriate. Neither rickytims.com nor its affiliates assume any liability for any failure to remove, or any delay in removing, Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on our Service.
Links to Third-Party Sites.
rickytims.com may include hyperlinks to web sites operated by parties other than rickytims.com, including advertisers and other content providers. Those sites may collect data or solicit personal information from you when you visit their sites. rickytims.com does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. Connecting to the Service; Public Nature of Communications. When you connect to rickytims.com, we may retrieve information from the computer used to log onto the Service about the computer’s hardware system and any data related to the computer’s operation at rickytims.com. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy.
You understand that it is necessary, and accept, that cookies to be placed on your computer by rickytims.com as they directly relate to permissions and restrictions of your membership level. You acknowledge and agree that your communications with other users via chats, comments, conferences, bulletin boards, and any other avenues of communication on this Service are public (not private) communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, and that your member profile contains only such information as you are willing to divulge. rickytims.com is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.
Copyrights and Trademarks; Proprietary Rights.
Much of the Content available on rickytims.com is owned by rickytims.com or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. It is very easy to copy things in cyberspace, but that doesn’t make it acceptable or legal. You shall not copy or download any Content from rickytims.com.com unless we have expressly authorized you to do so. Downloads from purchased classes are permitted – and expected. However, you may not copy or distribute any information in any form to others. A purchased class is for a single user – that being the registered purchaser. Classes are not to be shared or distributed. You must also have the legal right to upload any Content to rickytims.com before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on rickytims.com, unless Ricky Tims Quilts (www.letsquilttogether) expressly authorizes you to do so. Making unauthorized copies of any Content found on rickytims.com can lead to the termination of your rickytims.com Account and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless rickytims.com and its parent, subsidiaries, affiliates, related companies, employees, officers, directors and agents. Once you post or send any Content to rickytims.com, you expressly grant rickytims.com the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in rickytims.com’s discretion, and without any notice or compensation to you of any kind.
RICKYTIMS.COM HAS NO LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE RICKYTIMS.COM SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
Limitations On Warranty And Liability.
YOU EXPRESSLY AGREE THAT THE USE OF RICKYTIMS.COM AND THE INTERNET IS AT YOUR SOLE RISK. OUR SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. RICKYTIMS.COM INC. PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT RICKYTIMS.COM INC. WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RICKYTIMS.COM IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT RICKYTIMS.COM INC, ITS PARENT, SUBSIDIARIES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE. IN NO CASE SHALL RICKYTIMS.COM OR ITS PARENT’S, SUBSIDIARIES’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “RICKYTIMS.COM AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO RICKYTIMS.COM FOR THE SERVICE. IN NO CASE SHALL RICKYTIMS.COM OR RICKYTIMS.COM AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF RICKYTIMS.COM, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH RICKYTIMS.COM.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RICKYTIMS.COM’S AND RICKYTIMS.COM AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. RICKYTIMS.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH RICKYTIMS.COM AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES.
INDEMNIFICATION
Upon request by rickytims.com, you agree to defend, indemnify and hold harmless rickytims.com and its parent, affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of this Terms of Service for which you are responsible or in connection with your transmission of any Content on rickytims.com. rickytims.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to rickytims.com in that matter. This Section 4 shall survive termination of this Agreement.
UPDATES AND MODIFICATIONS
rickytims.com Inc. may update or revise the Terms of Service at any time. If we revise the Membership Agreement, such revision shall be effective thirty (30) days after posting the new Terms of Service on rickytims.com. You agree to review the Terms of Service periodically to become aware of such revisions. You can view the Terms of Service at any time by clicking on the Terms of Service link at the bottom of our rickytims.com home page. Your continued use of the Service thirty (30) days after a revised Agreement is posted on rickytims.com will mean that you accept all such revisions. If you don’t agree to the changes, or to any of the terms in this Membership Agreement, your only remedy is to cancel your Account and forfeit any previously purchased classes.
OTHER LEGAL TERMS
You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the rickytims.com Interactivity Policy and the rickytims.com Privacy Policy, including rickytims.com’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. 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. The laws of the State of Colorado, excluding its conflicts-of-law rules, govern this Agreement and your Membership.
As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with rickytims.com or relating in any way to your Membership or your use of rickytims.com resides in the courts of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Colorado in connection with any such dispute including any claim involving rickytims.com Inc. or its parent, affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to rickytims.com any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section 6 shall survive termination of this Agreement.