Please read these Terms of Use carefully before using this Website. These terms and conditions ("Terms of Use") set forth the legally binding terms for you or your child's use of the Club Time Machine website. By using this website (the "Website") or by clicking a box that states that you accept or agree to these Terms of Use, you signify your agreement to (1) these Terms of Use, (2) the Club Time Machine privacy policy (the "Privacy Policy"), and (3) any other legal notices or guidelines located within the Website. If you are under 18, please have your parents or legal guardian review these Terms of Use and help you register. By registering, your parents or legal guardian represent that they agree to these Terms of Use, our Privacy Policy and any other legal notices or guidelines located within the Website.

 

1. What is Club Time Machine?
   Club Time Machine is a safe and entertaining virtual children's playground. This Website and Club Time Machine are operated by vWorld Corporation Ltd and its parent, subsidiaries and affiliates (separately or jointly referred to as "vWorld"). Throughout these Terms of Use, vWorld is also collectively referred to as "we," "us," "our," and "Club Time Machine". These Terms of Use apply to all users of the Website, including users who are also members. The Website includes all aspects of and pages within Club Time Machine. The Website Content (defined below) is provided as a courtesy to Club Time Machine users and is intended for general, entertainment and educational purposes only. All information from this Website is subject to change without notice. Club Time Machine permits you to access and use the Website Content for personal, non-commercial purposes only.
   

    

   Certain aspects of the Website may allow you to upload certain User Submissions (defined below). Club Time Machine encourages you to carefully choose the information you upload or post on the Website and provide to others. You are strictly prohibited from uploading or posting any information or photographs that contain nudity or otherwise contain illegal, obscene, lewd, excessively violent, sexually explicit or other subject matter that may be found objectionable by others. Even with this restriction, however, such content may be uploaded by other members. Content uploaded by members may also contain factual inaccuracies and inappropriate material. If you become aware of misuse of the Website by any person, please contact us.
   

    

   Club Time Machine reserves the right to remove, edit or reject any User Submissions at any time, in its sole discretion. Furthermore, Club Time Machine may restrict, suspend or terminate any user's access to all or any part of the Web site at any time, for any or no reason, with our without notice and with no liability to Club Time Machine whatsoever.
2. Who can become a Hoover?
   With your parent's or legal guardian's permission, anyone who is a resident in the United States of America and who wants to become a Hoover, can register as a member with Club Time Machine. If you are under 18, you will need the consent of your parent or legal guardian to register. To register as a member, you will have to fill in your name, your date of birth, your gender, your e-mail address and your country of residence to create an account. If you are under 18, prior to your registering as a member you will need to provide us with the e-mail address of your parent or legal guardian. Your parent or legal guardian will then receive an e-mail from us indicating that you would like to become a member. Once we have received the consent and acceptance by your parent or legal guardian of our invitation, you are allowed to register and become a member of the Website.
3. Hoovername & password
   As a member, you will be asked to choose a Hoovername and a password. You should always keep your password confidential. You are solely responsible for keeping your member password secure. When creating your member account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate. If you suspect any unauthorized use of your account or access to your password, you should notify us immediately.
4. Privacy
   The terms and conditions of Club Time Machine's Privacy Policy, which is available at Privacy Policy, apply to your use of the Website, form an integral part of your agreement with us, and are incorporated by reference into these Terms of Use. You should read the Privacy Policy very carefully before you use our Web site because by using the Website you will be agreeing to everything in these Terms of Use, including the terms contained in our Privacy Policy.
5. Membership and Gold membership
   With your parent's or legal guardian's permission, you may become a member and use Club Time Machine free of charge. Members are also able to upgrade their membership into a Gold membership to obtain additional and exclusive features of Club Time Machine by paying a small remuneration. We have three levels of a Gold membership: (a) membership for 30 days; (b) membership for 6 months; or (c) membership for 12 months. For the details regarding what information we collect for a paid membership and the methods of payment, please review our Privacy Policy or visit our Website.
6. Gold Nuggets and Gold Bars
   When playing on Club Time Machine or by using the premium features of Club Time Machine, you can earn online credits or so called Gold Nuggets and Gold Bars. One hundred Gold Nuggets are equal to one Gold Bar. In addition, your parents will be able to purchase additional Gold Nuggets/Gold Bars for you. These Gold Nuggets/Gold Bars can be used to ''buy'' different virtual items in Club Time Machine, like time travel souvenirs, materials to customize your Hooverboard or extra gasoline for your rocket. Gold Nuggets/Gold Bars may be used only by the member who earn them or whose parent's purchased them and are non transferable. Members are prohibited from exchanging, transferring or trading Gold Nuggets or Gold Bars with other members. There will be no refunds for Gold Nuggets/Gold Bars purchased, but not used by a member. For more information on how to purchase additional Gold Nuggets/Gold Bars please visit our Website. For details regarding what information we collect for the purchase of Gold Nuggets/Gold Bars, please review our Privacy Policy.
7. How to enjoy the use of Club Time Machine
   In order that everybody can use this Website and Club Time Machine in a safe and enjoyable fashion, you agree that you shall not:
   
   
   1. use the Website and Club Time Machine in such a way as to offend or interfere with the use by anyone else or use the Website and Club Time Machine for any commercial activities or sales;
   2. attempt to circumvent the security systems of the Website;
   3. attempt to gain access to the Website in a fraudulent manner;
   4. attempt to gain access to any other member's accounts or impersonate any other member or falsely misrepresent yourself, your age or your affiliation with any third party;
   5. attempt to ascertain any other member's password, and/or personal information;
   6. attempt to use the Website for any purposes other than those intended by us;
   7. attempt to advertise to, solicit or sell to any person or to harvest or collect member personal information for purposes of sending unsolicited communications;
   8. upload to or store on the Website any materials or content that is defamatory, abusive, harassing, pornographic, obscene, threatening, or an invasion of a right of privacy or publicity of another person;
   9. upload to or store on the Website any materials or content that advocates illegal activity;
   10. upload any data that contain viruses, bugs, Trojan Horses, or the like or any other computer code limiting the functionality of this Website, including any software, hardware, telecommunications, networks, servers or other equipment; or
   11. upload to or store on the Website any materials or content that infringes any copyright, trademark, patent or any other intellectual property right of a third party.
   
   You may use this Website and Club Time Machine for your personal, non-commercial use only. We reserve the right to suspend your access to and use of the Website and terminate your membership at our discretion.
8. Web site access
   Club Time Machine hereby grants you a limited, personal, non-exclusive, fully revocable license to use and access the Website as set forth in these Terms of Use, provided that: (i) you will not distribute any part of the Website (other than User Submissions (defined below) owned by you) in any medium without Club Time Machine's prior written authorization; (ii) you will not alter, disassemble, decompile, reverse engineer or otherwise modify any part of the Website other than as may be reasonably necessary to use the Web site for its intended purpose; and (iii) you will otherwise comply with these Terms of Use. You may access the Web site solely for your personal, educational and entertainment use. You further agree that you will not use the Website for any commercial purposes. You agree not to delete, change or modify in any way the copyright notices or trademarks contained on the Website.
9. Termination of your membership
   You may terminate your membership for any reason, regardless whether it concerns a free membership or a Gold membership. For termination you should follow the steps that are intended for termination of your membership as set forth at the membership page or as indicated on the Website.
   

    

   In case of a paid Gold membership, if you have paid by a method other than a credit card, we will contact your parents (by e-mail or otherwise) to remind them to renew the term of your Gold membership, so that you will be able to extend the term of your Gold membership. If you or your parents have chosen to pay your Gold membership with a credit card, then your Gold membership will be automatically renewed by our charging the credit card you or your parent's or legal guardian provided for the same term as your current Gold membership, unless you terminate your Gold membership. If you terminate your account there is a notice period of 5 working days before the lapse of the current term of membership.
   

    

   We reserve the right, in our sole discretion, to terminate a free membership account if this membership has been unused for a period greater than six (6) months. If so, we will inform you by e-mail accordingly. We may also terminate your membership (free or Gold) at any time, in our sole discretion, without warning. Upon termination for whatever reason and regardless by whom, you shall not be entitled to any refunds, and any surplus of Gold Nuggets/Gold Bars will lapse automatically.
10. Intellectual proprietary rights
    The content on the Club Time Machine Website, including without limitation, the text, information, data, software, scripts, graphics, photos, sounds, videos, music, interactive features, Website look and feel and the like ("Website Content") is owned by or licensed to vWorld, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. You in no way will obtain any ownership interest in the Website Content contained on this Website. The Website Content is provided to you "AS IS" for your entertainment, informational and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Club Time Machine reserves all rights not expressly granted in and to the Website and the Website Content. You agree to not engage in the use, copying, or distribution of any of the Website Content other than as expressly permitted herein or as reasonably necessary to use the Website for its intended purpose, including any use, copying, or distribution of Website Content for any commercial purposes. If you download or print a copy of the Website Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Website Content or enforce limitations on use of the Website or the Website Content therein.
11. User Submissions
    The Website may now or in the future permit the submission of certain user-generated text, audios, videos or other content to the Website ("User Submissions") and the hosting, sharing, transmission and/or publishing of such User Submissions. We may choose to publish or not publish any User Submissions in our sole discretion. You understand, however, that whether or not such User Submissions are published, Club Time Machine does not guarantee any confidentiality with respect to any User Submissions.
    

     

    You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Club Time Machine to use all copyrights, trademarks, trade secrets, patents or any other proprietary rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Website and these Terms of Use; (ii) the posting or publication of your User Submission on or through the Website does not and will not violate the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person or organization in your User Submission to use the name or likeness of each and every such identifiable person, institution or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Web site and these Terms of Use. You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever.
    

     

    You will retain all ownership rights in your User Submissions; however, by submitting a User Submission to Club Time Machine, you hereby grant Club Time Machine a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, publish, distribute, prepare derivative works of, display and perform the User Submissions in connection with the Club Time Machine Website and Club Time Machine's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Web site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive, royalty-free license to access your User Submissions through the Website, and to use, reproduce, display, and perform such User Submissions as permitted through the functionality of the Web site and under these Terms of Use. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.
    

     

    In connection with User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage Club Time Machine or any third party; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, intimidating, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business, including any "junk mail" or "spam"; (iv) impersonate another person, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third party, organization, institution or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Website or any server, computer hardware, software or equipment.
    

     

    Club Time Machine does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Club Time Machine expressly disclaims any and all liability in connection with User Submissions. Club Time Machine does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and Club Time Machine will remove all Website Content and User Submissions if properly notified that such Website Content or User Submission infringes on another's intellectual property rights. Club Time Machine reserves the right to reject or remove Website Content and User Submissions at any time without prior notice. Club Time Machine will also terminate a user's access to the Website if we determine in our sole discretion that such user is a repeat infringer. Club Time Machine also reserves the right to decide whether Website Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. Club Time Machine may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. If you become aware of misuse of the Web site by any person, please contact us at Contact.
    

     

    You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Club Time Machine is not responsible for the accuracy, usefulness, safety, confidentiality or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Club Time Machine with respect thereto.
12. Digital Millennium Copyright Act
    Notification. If you are a copyright owner or an agent thereof and believe that any User Submission or other Website Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Web site; (iii) a description of the location on the Club Time Machine Web site of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    

     

    Club Time Machine's designated Copyright Agent for notice of claims of infringement is:
    Jeff Humby
    Vice President Operations & Projects
    vWorld Corporation North America
    45 Main Street, Suite 502
    Brooklyn, NY 11201
    United States
    E-mail: copyrights @ clubtimemachine.com
    Telephone: 646-797-3143
    Telephone, international callers: +1 646-797-3143
    Fax:
    

     

    Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Club Time Machine's customer service at the Contact. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
    

     

    Counter-Notification. If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the State of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
    

     

    If a counter notification is received by the Copyright Agent, Club Time Machine may send a copy of the such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, Club Time Machine may, in its sole discretion, reinstate the removed material or cease disabling such material.
    

     

    In accordance with the DMCA and other applicable law, Club Time Machine may, in appropriate circumstances, terminate access, in its sole discretion, of any member that Club Time Machine finds to be a repeat infringer of others copyrights. Club Time Machine may also, in its sole discretion, limit or fully terminate access to the Website of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.
13. Links to other sites
    The Website may contain links to third-party web sites that are not owned or controlled by Club Time Machine. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third-party web sites. In addition, Club Time Machine is unable and unwilling to censor or edit the content of any third-party web site. By using the Website, you expressly relieve Club Time Machine from any and all liability arising from your use of any third-party web site. Accordingly, we encourage you to be aware when you leave the Club Time Machine Website and to read the terms and conditions and privacy policy of each web site that you visit. It is your responsibility to take precautions to ensure that whatever you select from other web sites for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any other web sites linked to our Web site, you do so entirely at your own risk.
14. Public Forums
    "Public Forum" means an area or feature of the Website that allows members or users the opportunity to view or interact with other users, including without limitation message boards, chat rooms and community pages. You recognize and acknowledge that Public Forums are not intended for private communications and you therefore have no expectation of privacy with regard to any User Submission to a Public Forum. We cannot guarantee the security of any information disclosed through a Public Forum, and you therefore make such disclosures entirely at your own risk.
    

     

    You are solely responsible for User Submissions distributed through any Public Forums or the Website under your Hoovername and password and the consequences of submitting such User Submissions. Club Time Machine has no duty to monitor any Public Forum. You should be careful about what User Submissions you upload or distribute on the Public Forums or the Website and should be skeptical of information provided by others. Use of any User Submissions of other members is entirely at your own risk.
15. Suitability for children
    Because many users of this Website are children, we take reasonable precautions to ensure that our Website Content is suitable for children. Our intention is to keep Club Time Machine free from any sort of direct advertising. We will inform members of any change to this policy by updating these Terms of Use and notifying you of such changes.
16. Warranty disclaimer
    You agree that your use of the Club Time Machine Website shall be at your sole risk. To the fullest extent permitted by law, Club Time Machine, its officers, directors, employees, affiliates and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Club Time Machine makes no warranties or representations about the accuracy or completeness of the Website Content or the content of any sites linked to the Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, the Website Content or User Submissions, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical, financial or other information stored therein, (iv) any interruption or cessation of transmission to or from our Website, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Website by any third party, and/or (iv) 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, e-mailed, transmitted, or otherwise made available via the Club Time Machine Website.
17. Limitation of liability
    In no event shall vWorld, its officers, directors, employees, licensors, licensees, affiliates or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the Website Content or User Submissions (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal or other information stored therein, (iv) any interruption or cessation of transmission to or from our Website, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Website by any third party, and/or (vi) any errors or omissions in any Website Content or User Submissions or for any loss or damage of any kind incurred as a result of your use of any Website Content or User Submissions posted, e-mailed, transmitted, or otherwise made available via the Club Time Machine Web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not vWorld is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Club Time Machine shall not be liable for the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
18. Indemnity
    You agree to defend, indemnify and hold harmless vWorld, its affiliates, officers, directors, employees, licensors, licensees, affiliates and agents ("vWorld Indemnitees"), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Club Time Machine Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Club Time Machine Website. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify vWorld Indemnitees.
19. Revision
    We may add to, update, delete from or modify the Website at any time in our sole discretion. We reserve the right, at any time and from time to time, for any reason and in our sole discretion, to change the Terms of Use. We may post or display notices of changes to the Terms of Use on the Website. Once posted, these changes to the Terms of Use become effective immediately. If any change that we make is not acceptable to you, promptly stop using the Website. Any use by you of the Web site after any changes to our Terms of Use become effective will signify your agreement to be bound by those changes. You should check back regularly and review these Terms of Use so that you are aware of the most current rights and obligations which apply to your agreement with us. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits to you.
20. Applicable law and disputes
    These Terms of Use are governed by Dutch law. All disputes resulting from these Terms of Use will exclusively be submitted to the competent courts in The Netherlands.

Please contact us with any questions regarding these Terms of Use.

 

These Terms of Use are effective as of October 1st, 2008.