Terms and conditions An online agreement with TBD
These terms and conditions ("Terms", "Agreement") are an agreement between TBD ("TBD", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth th e general terms and conditions of your use of the mytbd.me website and any of its products or services (collectively, "Website" or "Services").
Accounts and membership
You must be at least 18 years of age to use this Website. By us ing this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the s ecurity of your account and you are fully responsible for all acti vities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact inf ormation of any kind may result in the termination of your account . You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable f or any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, d isable, or delete your account (or any part thereof) if we determi ne that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and go odwill. If we delete your account for the foregoing reasons, you m ay not re-register for our Services. We may block your email addre ss and Internet protocol address to prevent further registration.
We do not own any data, information or material ("Content") that you submit on the Website in the course of using the S ervice. You shall have sole responsibility for the accuracy, quali ty, integrity, legality, reliability, appropriateness, and intelle ctual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not g rant us the license to use, reproduce, adapt, modify, publish or d istribute the Content created by you or stored in your user accoun t for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reform at, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Withou t limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, vio lates any of our policies or is in any way harmful or objectionabl e.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exch ange between the Website and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. If, in our judgment, your purchase constitutes a highrisk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and pro duct pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order . These restrictions may include orders placed by or under the sam e customer account, the same credit card, and/or orders that use t he same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by c ontacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be information on the Website that conta ins typographical errors, inaccuracies or omissions that may relat e to promotions and offers. We reserve the right to correct any er rors, inaccuracies or omissions, and to change or update informati on or cancel orders if any information on the Website or on any re lated Service is inaccurate at any time without prior notice (incl uding after you have submitted your order). We undertake no obliga tion to update, amend or clarify information on the Website includ ing, without limitation, pricing information, except as required b y law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are gover ned solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, includin g, without limitation, their content or the manner in which they h andle data (including your data) or any interaction between you an d the provider of such other services. You irrevocably waive any c laim against TBD with respect to such other services. TBD is not l iable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such othe r services, or your reliance on the privacy practices, data securi ty processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expre ssly permitting TBD to disclose your data as necessary to facilita te the use or enablement of such other service.
We offer a Service uptime guarantee of 99% of available time pe r month. The service uptime guarantee does not apply to service in terruptions caused by: (1) periodic scheduled maintenance or repai rs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Servi ce functionality; (4) causes beyond our control or that are not re asonably foreseeable; and (5) outages related to the reliability o f certain programming environments.
We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
During use of the Website, you may enter into correspondence wi th or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, a nd any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable thir d-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Links to other websites
Although this Website may link to other websites, we are not, d irectly or indirectly, implying any approval, association, sponsor ship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may b e "affiliate links". This means if you click on the link and purchase an item, TBD will receive an affiliate commission. W e are not responsible for examining or evaluating, and we do not w arrant the offerings of, any businesses or individuals or the cont ent of their websites. We do not assume any responsibility or liab ility for the actions, products, services, and content of any othe r third-parties. You should carefully review the legal statements and other conditions of use of any website which you access throug h a link from this Website. Your linking to any other off-site web sites is at your own risk.
In addition to other terms as set forth in the Agreement, you a re prohibited from using the Website or its Content: (a) for any u nlawful purpose; (b) to solicit others to perform or participate i n any unlawful acts; (c) to violate any international, federal, pr ovincial or state regulations, rules, laws, or local ordinances; ( d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discrimi nate based on gender, sexual orientation, religion, ethnicity, rac e, age, national origin, or disability; (f) to submit false or mis leading information; (g) to upload or transmit viruses or any othe r type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of an y related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or i mmoral purpose; or (k) to interfere with or circumvent the securit y features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibite d uses.
Intellectual property rights
This Agreement does not transfer to you any intellectual proper ty owned by TBD or third-parties, and all rights, titles, and inte rests in and to such property will remain (as between the parties) solely with TBD. All trademarks, service marks, graphics and logo s used in connection with our Website or Services, are trademarks or registered trademarks of TBD or TBD licensors. Other trademarks , service marks, graphics and logos used in connection with our We bsite or Services may be the trademarks of other third-parties. Yo ur use of our Website and Services grants you no right or license to reproduce or otherwise use any TBD or third-party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will TBD, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indire ct, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business int erruption, loss of anticipated savings, loss of business opportuni ty) however caused, under any theory of liability, including, with out limitation, contract, tort, warranty, breach of statutory duty , negligence or otherwise, even if TBD has been advised as to the possibility of such damages or could have foreseen such damages. T o the maximum extent permitted by applicable law, the aggregate li ability of TBD and its affiliates, officers, employees, agents, su ppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in c ash by you to TBD for the prior one month period prior to the firs t event or occurrence giving rise to such liability. The limitatio ns and exclusions also apply if this remedy does not fully compens ate you for any losses or fails of its essential purpose.
You agree to indemnify and hold TBD and its affiliates, directo rs, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorn eys' fees, incurred in connection with or arising from any third-p arty allegations, claims, actions, disputes, or demands asserted a gainst any of them as a result of or relating to your Content, you r use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent t hat they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be ill egal, invalid or unenforceable by a court of competent jurisdictio n, it is the intention of the parties that the remaining provision s or portions thereof shall constitute their agreement with respec t to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreemen t and any disputes arising out of it shall be governed by the subs tantive and procedural laws of Maskat, Oman without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Oman. The exclusive jurisdiction and venue for action s related to the subject matter hereof shall be the state and fede ral courts located in Maskat, Oman, and you hereby submit to the p ersonal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the Inte rnational Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its policies r elating to the Website or Services at any time, effective upon pos ting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constit ute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to a bide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you would like to contact us to understand more about this A greement or wish to contact us concerning any matter relating to i t, you may do so via the contact form
This document was last updated on August 26, 2019