Acceptance of Terms
Rules and Conduct
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk, spam or bulk e-mail (including without limitation any postings to third party social media sites which are linked to the Site or the Service);
- involves commercial activities and/or sales without Thinga's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Thinga or any third party; or
- impersonates any person or entity, including any employee or representative of Thinga.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Thinga in its sole discretion) an unreasonable or disproportionately large load on Thinga's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Thinga may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or (iv) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Sites.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except (A) for any part of the Service which is licensed under an open source or similar license or (B) to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service except where license permits, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Thinga reserves the right to refuse registration of, or cancel a Thinga User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Thinga password. You shall never use another user's account without such other user's express permission. You will immediately notify Thinga in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Fees and Payment; Subscriptions; Promotions
Thinga reserves the right to require payment of fees for certain features of the Service, as well as for Products (as defined below). You acknowledge and agree that only an adult (18 years of age or older) can enter into any transaction or subscription with respect to such paid features or Products. Should you elect to subscribe to such features or purchase any Products, you shall pay all applicable fees, as described on the Sites in connection with such features or Products. You will be responsible for paying all delivery fees (including C.O.D. charges), taxes, customs, duties, and other similar charges in connection with any purchases made through the Site. Thinga reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you (or in the case of Products, immediately upon posting such new pricing on the Site), which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges. If you purchase any paid subscription features on the Site, those subscriptions will automatically renew unless you provide Thinga with at least 30 days' notice that you wish to cancel your subscription. From time to time, Thinga may offer promotions or discounts on services and Products available through the Site. All promotions or discounts will be subject to any additional terms specified by Thinga, and unless otherwise indicated, (i) promotions and discounts may not be combined (i.e., one promotion per order), and (ii) promotions may not be applied to the purchase of any gift cards. For subscriptions that are purchased with discounted or promotional pricing, following the expiration of the discount or promotion, the subscription will be charged at full price upon renewal.
Third Party Sites
Thinga and Site Content
You agree that the Service contains Content specifically provided by Thinga or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Thinga, or from the copyright holder identified in such Content's copyright notice.
The Services may allow you to order various goods provided by Thinga and/or its third party partners ("Products"). Thinga reserves the right to change the pricing of Products at any time, as well as any Product descriptions, at any time in its sole discretion. All orders for Products are subject to acceptance and verification by Thinga, and Thinga reserves the right to reject or cancel an order for any reason (including, without limitation, in connection with any incorrect Product listings), up until the time the Product has shipped. If Thinga cancels all or part of an order for which you have already provided payment, Thinga will issue a refund for such cancelled portion. All Product rare subject to our Return Policy, which is incorporated herein by reference (and which may be updated by Thinga from time to time in its sole discretion by posting a notice on the Site or by sending you an email).
The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship, designs, know-how, ideas, inventions or other information or content, to the Services ("User Submissions"). By submitting User Submissions to Thinga, by posting User Submissions on or at any of the Sites or otherwise through the Service, or displaying, publishing, or otherwise posting any content on or through the Sites or the Service, you:
- hereby agree that any and all User Submissions which constitute copyrightable works of authorship and which are posted by you to the Service ("Content") are submitted under the terms of the Creative Commons Attribution-ShareAlike 3.0 Unported license ("CC-BY-SA"), and you hereby grant Thinga a license to such Content under the terms of CC-BY-SA. Under this license, you permit anyone to copy, distribute, display and perform your Content, royalty-free, on the condition that they credit your authorship each time they do so. You also permit others to distribute derivative works of your Content, but only if they do so under the same CC-BY-SA license that governs your original Content. The full text of the CC-BY-SA license is available at:http://creativecommons.org/licenses/by-sa/3.0/legalcode.
- represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by Thinga (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and
- acknowledge and agree that: (i) without limiting the CC-BY-SA license granted by you with respect to your User Submissions, Thinga shall have the right to reformat, excerpt, or translate your User Submissions; (ii) all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated; (iii) Thinga will not be liable for any errors or omissions in any content; and (iv) Thinga cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
You hereby grant Thinga a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback that you provide to Thinga relating to the operation of the Service.
Thinga does not endorse and has no control over any User Submission. Thinga cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Thinga has no obligation to monitor the Site, Service, Content, or User Submissions. Thinga may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will Thinga be liable in any way for any Content or User Submissions, including, but not limited to, any errors or omissions in any Content or User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service. Thinga is not responsible for any data which is deleted (either intentionally or unintentionally) at the direction of any user.
Thinga has no special relationship with or fiduciary duty to you. You acknowledge that Thinga has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Thinga from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Thinga makes no representations concerning any content contained in or accessed through the Sites, and Thinga will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.
EXCEPT FOR ANY SEPARATE WRITTEN WARRANTY THAT IS PROVIDED EXPRESSLY AND UNAMBIGUOUSLY FOR A SPECIFIC PRODUCT (WHICH, IF PROVIDED, WILL APPLY ONLY TO SUCH SPECIFIC PRODUCT, AND NOT TO OTHER PRODUCTS OR THE SERVICE GENERALLY), THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THINGA, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT AND PRODUCT PROVIDERS DO NOT WARRANT: (A) THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THAT ANY DEFECTS OR ERRORS IN ANY PRODUCTS OR SERVICES WILL BE CORRECTED; (C) THAT ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE INTEGRITY OR SECURITY OF ANY USER SUBMISSION OR OTHER DATA PROVIDED TO THE SERVICE; OR (E) THE RESULTS OF USING THE SERVICE OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE AND ANY PRODUCTS IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): THINGA MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. THINGA will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on THINGA's equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.
General Content Disclaimer
Thinga makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content, and you should not rely on the Content for any purpose. No Content is intended to substitute for personal advice from a qualified professional. When applicable, always seek the advice of a qualified professional, and never disregard professional advice or delay in seeking it because of any Content. By using the Service, you agree that THINGA shall not be responsible for (1) any Content, (2) any person's reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.
Limitation of Liability
IN NO EVENT SHALL THINGA, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) OR ANY PRODUCT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR PRODUCTS OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Thinga makes no representation that the Content is appropriate or available for use in locations outside of Texas, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Integration and Severability
Copyright and Trademark Notices
A. Procedure for Reporting Copyright Infringements: If you believe that Content residing on or accessible through the Site or Service infringes a copyright, please send a written notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the owner of the copyright that has been allegedly infringed, or a person authorized to act on such person's behalf;
- Identification of the copyrighted works or materials allegedly being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the exact location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Thinga is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the use of the allegedly infringing Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is the copyright holder is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent it is Thinga's policy:
- to remove or disable access to the infringing Content;
- to notify the Content provider, member or user that it has removed or disabled access to the Content; and
- that repeat offenders will have the infringing Content removed from the system and that Thinga will terminate such content provider's, member's or user's access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent: If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Content provider, member or user;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Thinga is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Thinga's may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Thinga's discretion.
Please contact Thinga's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement: BJ Heinley, 2000 S. 1st St, Suite 100, Austin, TX 78703 Contact.
Bear James, LLC
2009 S. 1st St, Suite 100
Austin, TX 78703