The Services constitute a technology platform accessible via the Applications that enables Times Club members to receive personalized offers, including cashbacks, concierge services and other incentives on third-party products and services.
Times Club grants you a personal, non-exclusive, non-transferable, limited license to use the App and to view or access the App solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer (except to the extent permitted by applicable law), reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the App, the Services, or any other Content available via the App. You further agree neither to modify the App, or any part thereof, in any form or manner, nor to use any modified versions of the App or the Services, for any reason whatsoever, without the express written consent of Times Club. You may not attempt to gain any unauthorized access to the App or any of its associated Content, including computer systems, software, or networks. No redistribution of any Content, materials, or information contained on or offered through the Applications or the Services is permitted, unless expressly specified in a prior agreement between you and Times Club.
Any use or attempted use of the App (i) for any unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party's use and enjoyment of the App; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Times Club to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the App, you agree you will not:
Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Times Club representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
Violate any applicable local, state, national or international law;
Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
Delete or revise any material posted by any other person or entity;
Probe, scan, test the vulnerability of or breach the authentication measures of, the App or any related networks or systems;
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
Harvest or otherwise collect information about others, including e-mail addresses, mobile numbers etc.; or
Use any robot, spider, scraper, or other automated or manual means to access the App or copy any Content or information on the App.
Any information, images, communications, or material of any type or nature that you submit to the App, or any of our pages contained on a social media platform or website by e-mail, chats, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy.
Times Club respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the App and to collect and provide the features, materials, opportunities, and services that are available on or through the App. You understand and agree that Times Club owns, or (where required, appropriate, or applicable) has been licensed or otherwise made available to us by third parties to use, all right, title, and interest in and to the App and the features, materials, opportunities, and services made available on or through the App, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the App and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of Times Club or its licensors and content-providers. For the avoidance of doubt, “Content” does not include any Third Party Materials or any features, opportunities, or services made available through the Linked Materials (as defined below).
Times Club does not promise, covenant, represent, warrant, or guarantee that you or any other user of the App will obtain any particular or tangible result or goal through the use of the App, or obtain any other product or service in connection with use of the App. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the App or Times Club, or that you access, use, download, or otherwise obtain on or through the App or Times Club, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
THE INFORMATION, SOFTWARE, CONTENT, SERVICES, AND MATERIALS AVAILABLE FROM OR PROVIDED ON THE SYSTEM OR VIA THE SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Times Club AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SYSTEM OR THROUGH Times Club ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SYSTEM AND THROUGH Times Club ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. Times Club PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, Times Club ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. Times Club SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM.
IN USING THE APP, YOU ACCEPT THE INHERENT SECURITY IMPLICATIONS OF DATA TRANSMISSION OVER THE INTERNET AND THE WORLD WIDE WEB CANNOT ALWAYS BE GUARANTEED AS COMPLETELY SECURE. THEREFORE, YOUR USE OF THE APP WILL BE AT YOUR OWN RISK.
Times Club reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the App, or any portion of the App, for any reason; (ii) modify or change the App, or any portion of the App, and any applicable policies or terms; and (iii) interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
For your convenience, certain hyperlinks or features may be provided on the App that link to other applications or websites which are not under the control of Times Club (the “Linked Content”). Times Club does not endorse or sponsor any Linked Content and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Content. Times Club disclaims all liability for such Linked Content, for all access to and use thereof, and for use of the links to such Linked Content. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other applications or websites, and any purchases of products or services, volunteering of time or services, or making of charitable contributions through other websites, is subject to the terms and conditions of such other applications or websites. You agree that you will bring no suit or claim against Times Club, and Times Club has no obligation to participate in, arising from or based upon any such use of other applications, websites, or content contained therein (including the Linked Content). Times Club has no responsibility for information provided to third parties through the Applications, including through any Linked Content. Hyperlinks to such Linked Content on the App do not imply that: (a) Times Club is affiliated or associated with any Linked Content; (b) Times Club is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Content is authorized to use any trademark, trade name, logo, or copyright symbol of Times Club.
Certain features or services offered on or through the App may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Times Club immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by Times Club or any other user of or visitor to the App due to another person using your account, login ID, or password.
You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. Times Club cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.
Please check back periodically for updates and changes.
Last modified: March 25, 2021
Times Club Inc. ("Times Club" or "We" or “Us” or “Our”) respects your privacy and is committed to protecting it through Our compliance with this policy. This policy describes:
Our practices for collecting, using, maintaining, processing, accessing, storing, protecting and disclosing that information.
Your rights under applicable law.
The App is not intended for children under 16 years of age, and we do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16, we will delete that information. Please be aware that we may not be able to fully delete certain user information until the user cancels their subscription through their Apple account. If you believe we might have any information from or about a child under 16, please contact us at the e-mail address provided to you in Contact Information section.
The below chart summarizes our collection, use, and disclosure of personal information:
The technologies we use for automatic information collection may include:
Cookies. A cookie is a small file placed on your smartphone or browser. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your browser or smartphone. However, if you select this setting you may be unable to access certain parts of our App.
Web Beacons. Pages of the App may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit Times Club, for example, to count users who have visited those pages and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. Those third parties may have their own privacy practices and policies. These third parties may include but are not limited to:
Advertisers, ad networks and ad servers.
Analytics (including marketing analytics) and digital platform management companies.
Your mobile device manufacturer.
Your mobile service provider.
Plaid, Stripe, your card issuer or other financial services provider.
In addition to the disclosures described above, we may disclose personal information that we collect or you provide:
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Times Club Inc.'s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our App users is among the assets transferred.
To comply with any court order, investigation, law or legal process, including to respond to any government or regulatory request.
We do not necessarily control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
Data Subject Rights – California Residents
Address: 950 Tower Lane, Suite 2100, Foster City, CA 94404
Phone number: +1 (612) 470-2151
If you do, we will need to collect personal information and other information such as your name, email or transaction history in order to verify your identity. You may also authorize an agent to make a request on your behalf, who will need to provide similar information for verification.
Right to Deletion of Personal Information
California residents have the right to request the deletion of personal information as prescribed in Section 1798.105(a) of the CCPA. Times Club may not delete some or all requested personal information as allowed or required by applicable law. Moreover, please be aware that we may not be able to fully delete certain user information until the user cancels their subscription through their Apple account.
Right of Access: Right to Request Disclosure of Information Collection and Sharing Practices
You may request to receive details about how we collect, use, and share your personal information. Specifically, you may request to receive the specific pieces of personal information that we have collected about you.
You may also request to receive:
the categories of personal information that we have collected about you,
the categories of personal information that we have disclosed for a business purpose,
the categories of sources from which we collected the personal information,
our purposes for collecting that personal information, and
the categories of parties with whom we share your personal information.
Right to Opt-Out of Sale
We do not, and do not intend to, sell your personal information.
Right to not be Discriminated Against for Exercising CCPA Rights
We do not discriminate against you for exercising any CCPA rights, such as the access and deletion rights described above.
We treat the information of everyone who comes to our App in accordance with this Privacy Notice, regardless of their “Do Not Track” setting.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
If you receive a suspicious email on our behalf, we suggest you do not reply to it and do not open any attachments, click on links contained in the e-mail or provide any information in response to it. You can report suspected fraud involving us by sending an e-mail to email@example.com. Please include the word "phishing" in the subject line of your e-mail and provide as much information as possible about the fraudulent activity or message. We do not send e-mails requesting a user for payment information, username or passwords. However, we may verify the user name, password etc. provided by you from time to time.
If you elected to subscribe to any online services provided via the App, including the ability to access any password-protected areas of the App, you will be required to submit personal information for the purpose of verifying your identity and your authority to manage the account (“Access Credential Information”). This Access Credential Information will be used exclusively by Times Club, our agents, suppliers and third-party service providers for internal use and to respond to your service requests.
Through the App, you may wish to participate in certain online polls, surveys, contests, sweepstakes and other promotions that may be offered from time to time by us, a partner, or other entity. Participation in these polls, surveys, contests, sweepstakes and promotions is completely voluntary; you have a choice about whether or not to disclose information required to enter. Information requested may include data such as your name, address, date of birth, phone number, mobile phone number, e-mail address, username, and/or similar information. Through these online polls, surveys and promotions, you may choose to participate in activities such as sharing information with others and sending email invitations. In connection with any online polls, surveys, contests, sweepstakes and other promotions that may be offered from time to time via the App, we use the information you provide to administer such the polls, surveys, contests, sweepstakes and other promotions. Subject to applicable contractual or legal restrictions, we also may use the information to communicate with you, or the other people you select, about our services or products. Any information that you submit to one of our partners or another entity through the App in the course of any poll, survey, contest, sweepstakes, or promotion offered by any third party shall be fully at your own risk, and Times Club hereby disclaims all responsibility for any losses, liability, damages, or expenses that may arise from your submission of such information.
950 Tower Lane, Suite 2100, Foster City, CA 94404
+1 (612) 470-2151
Times Club may, from time to time, offer you the opportunity to earn rewards for referring your eligible friends and family members (our “Referral Program”). The Referral Program, and your participation therein, together with the participation of any new members referred through our Referral Program, are governed by these Referral Program Terms. All rewards are the sole and exclusive property of Times Club and have no value whatsoever until redeemed. Times Club reserves the right to modify, suspend, or terminate its rewards program at any time with or without notice to anyone.
Individuals who reside in any of the 50 United States or the District of Columbia are eligible to participate in our Referral Program.
Only current Times Club members may receive rewards (“Referral Bonuses”) for referring new members. Current members may receive rewards only when referring individuals without current Times Club accounts and, if Times Club offers rewards for new members subscribing through our Referral Program (“Referred Member Bonuses,” and together with Referral Bonuses, the “Bonuses”), only individuals without current Times Club accounts are eligible to receive such new member rewards. Times Club reserves the right, in our sole discretion, to take any action we deem appropriate if we suspect that a member has sought to obtain rewards for ineligible referrals, including (i) reversal of any Referral Bonus and/or Referred Member Bonus; (ii) forfeiture of any rewards associated with a member’s account; (iii) termination of a member’s account; or (iv) any other remedy that we deem appropriate, in our sole discretion.
Unless otherwise specified in any applicable program terms, Bonuses will be posted to a member’s account within ninety (90) days of the qualifying activity.
An individual referred under our Referral Program must meet each of the following requirements:
The applicable bonus amounts, if any, are those specified in the terms of the applicable promotion at the time the referring member sends the referral link (or other referral mechanism) to the referred member. Unless otherwise expressly specified in the terms of any applicable promotion, a referring member may earn Referral Bonuses up to a total of [insert cap amount]. A referred member may earn a Referred Member Bonus only once.
The following is a non-exhaustive list of activities that are not permitted under the Referral Program: (i) self-referral; (ii) making purchases on behalf of another or under a Times Club account that is not yours; (iii) creating fake accounts, blogs, web pages, profiles, websites, links or messages; (iv) any bulk email distribution, submission or distribution to strangers, or any other promotion that would constitute or appear to constitute unsolicited commercial email or spam; (v) posting your referral link on any page that is not owned and controlled by you, including, but not limited to, posting the link to any merchant, social media, or forum page; (vi) bidding on any keywords containing “Times Club” or common misspellings thereof; (vii) placement of our logos or mention of our trademarks or tradenames in any ad text, extensions or banner ads; (viii) paid advertising for the purpose of generating traffic directly to your referral link; (ix) misleading or attempting to mislead anyone in connection with the Referral Program, including, but not limited to, misrepresenting your relationship with us or posing as our representative in an official capacity; (x) taking any action or making any content that is disparaging or defamatory to us, as determined in our sole discretion; or (xi) taking any other action which, in our sole discretion, constitutes abuse of our Referral Program. Multiple accounts created with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals. Times Club reserves the right, in our sole discretion, to take any action we deem appropriate if we suspect that a member has attempted to or actually engaged in any prohibited activities, including (i) reversal of any Referral Bonus and/or Referred Member Bonus; (ii) forfeiture of any rewards associated with a member’s account; (iii) termination of a member’s account; or (iv) any other remedy that we deem appropriate, in our sole discretion. Our decisions are final.
We reserve the right to suspend or terminate the Referral Program or to change these Referral Program Terms at any time and for any reason in our sole discretion.