THINKthenlive, Inc. Community Rights + Responsibilities
Last Updated: November 17, 2017
This THINKthenlive, inc (THINK) statement governs the relationship between THINK and our users. It describes your rights and responsibilities during your use of the THINK service (our “Services”) which can be found on thinkthenlive.com and the mobile THINK applications for iOS and Android. By using or accessing the Services, you are agreeing to these terms so we encourage you to please take a moment to review them carefully. If you disagree with any part of the terms, then you do not have permission to use or access the Service.
We welcome comments and questions about this statement of THINK Community Rights + Responsibilities at email@example.com
This statement was last updated on November 17, 2017
THINK is designed to fill the information-sharing gap that exists today between cluttered mainstream media and fragmented social media. We enable users to document the world as you see it and open a discovery window to your community, your city, your country and your world. The THINK platform is built to be a fun, helpful, and creative communication tool, and is strictly intended to empower such communication.
At THINK we believe the brightest communities thrive with conscientious communications and contributions. We expect appropriate and courteous use of our communication technology, and reserve the right to delete, deactivate, refuse privileges or otherwise refuse service if you violate these terms or engage in activity that we think harms others using the Service
Your privacy is a priority for us and our privacy standards, our service design, and user experience reflect some of the highest global standards for data privacy. The THINK platform is pioneered with a non-invasive technology that delivers privacy, transparency, and complete consumer control of their THINK relationship. Our privacy notice can be viewed here
You retain all ownership rights to the text, media, and other content you submit to THINK.
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
By posting Content on or through the Service, you grant us permission, in the form of a nonexclusive worldwide license, to use, copy, and publish your Content as described and as set in your data privacy settings. Do not provide us with any Content that you don’t have the right to publish or that is illegal.
You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
THINK has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of THINK or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us
When you create an account with THINK, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your THINK account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion
By creating a THINK Account on our Service, you agree to receive customer communications and other non-marketing information we consider important to send. We will invite you to opt in to marketing and promotional communications and adjust those preferences at any time
THINK is intended to be a safe environment. We ask that you commit to the following:
- Do not intimidate, harass or bully
- Do not post hate speech, pornography, nudity, graphic violence, or threats of violence
- Do not post or act unlawfully, maliciously, or in any way discriminatory
- Do not post or otherwise place on the platform any malicious code
- Do not pose as someone else on the platform
- Do not send spam communications on the platform
- Do not create an account for someone other than yourself on the platform without proper express permission
- Do not fabricate online identities and social circles to trick people, sometimes called catfishing
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of THINK, and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of THINK
Our Service may contain links to third party web sites or services that are not owned or controlled by THINK. The inclusion of any link to such sites does not imply endorsement by us of these websites. THINK has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that THINK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. See the THINKthenlive, inc Privacy Notice for details on how to back up, deactivate, or delete your account. All provisions of the Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability
You agree to defend, indemnify and hold harmless THINKthenlive, inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service
In no event shall THINKthenlive, inc nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damaged, and even if a remedy set forth herein is found to have failed of its essential purpose
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
THINKthenlive, inc, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service
THINK reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30-day notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service
THINK may modify or update this Community Rights and Responsibilities Statement.
- In the event of material changes to this statement, THINK will provide reasonable notice of modifications and updates on its website, and take the added measure to invite users to opt in to any material changes that may impact the use of their personal information.
- We welcome comments and questions about this statement of THINK Community Rights + Responsibilities at firstname.lastname@example.org