Terms of Service
Welcome to ThoughtfulRecommendations!
Thank you for registering at thoughtfulrecommendations.com (the "Site"), a free web-based service making it easy to create and share photo albums (the "Service"). This Terms of Service ("Agreement") covers your use of the Service, including creating and sharing photo albums created using the Service.
1. Acceptance of Terms of Service
By registering with ThoughtfulRecommendations, or by creating or sharing photo albums created on the Service provided by Irrational Design, LLC. ("ThoughtfulRecommendations" or "us"), you acknowledge and agree to the terms stated in this Agreement. If you do not agree to these terms, you should not use the Service or the Site.
This Agreement is an ongoing contract between you and ThoughtfulRecommendations and applies to your use of the Service and Site. This Agreement affects your rights and you should read it carefully.
2. Changes to Terms of Service
ThoughtfulRecommendations reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof in its sole and absolute discretion with or without notice. The most current version of this Agreement can be reviewed by clicking on the "Terms of Service" located at the bottom of the pages of the ThoughtfulRecommendations Site. The most current version of this Agreement will supercede all previous versions. Your use of the Site or continued use of the Service after changes are made means that you agree to be bound by such changes. ThoughtfulRecommendations will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
3. User Conduct
As a condition of use, you agree to all of the following:
c) You are solely responsible for your conduct and any content that you submit, post, and display on the Service, or that you allow others to submit, post and/or display on the Service under your username.
d) You must not upload, post, email, transmit or otherwise make available through the Service any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
e) You must not upload, post, email, transmit or otherwise make available through the Service any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
f) You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
g) You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable Content.
also agree not to post or make available any code or content for which you do
not have sufficient rights to grant the necessary licenses described below.
Among other things, this means that you may not include code or content from
third parties that is subject to license terms that are incompatible with the
licenses you grant under this Agreement, such as GPL or LGPL.
agree not to post, email, or otherwise make available through the Service code
or content that:
* Impersonates a ThoughtfulRecommendations employee or user or falsely states or otherwise misrepresents your affiliation with a person or entity;
* Includes personal or identifying information about another person without that person's explicit consent;
* Is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
* Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
* Contains software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other Service's users' ability to use the Service; or
* Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service.
j) Additionally, you agree not to:
* "Stalk" or otherwise harass anyone on the Service;
* Collect any personally identifying data about users for commercial or unlawful purposes;
* Attempt to gain unauthorized access to ThoughtfulRecommendations's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service; or
* Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Service.
4. Content Submitted To The Site Or Made Available To The Service
a) License Grants. When you post any comments, information, ideas, concepts, techniques or any other material contained in any communication you may send to us ("Content"), including, without limitation, responses to questionnaires or through postings to the Site, you agree ThoughtfulRecommendations may use such content without further compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site or Service. Furthermore, by posting any Content on the Site or through the Service, submitting Content to us, or in responding to questionnaires, you automatically grant ThoughtfulRecommendations a royalty-free, perpetual, irrevocable, transferable, non-exclusive worldwide license to (i) display, use, reproduce, modify, publish, edit, translate, adapt, distribute, perform, and display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees, and to (iii) transfer such rights to the acquiring company if ThoughtfulRecommendations is acquired.
You also expressly acknowledge and agree that ThoughtfulRecommendations shall have the right to grant a Creative Commons Attribution-NonCommercial License ("CC License"), available at http://creativecommons.org/licenses/by-nc/2.5/ for all Content posted on or through the Service, including Content that you post on or through the Service. In cases where ThoughtfulRecommendations licenses Content through a CC License, you agree that any attribution required under the CC License shall be to the original author (by name or pseudonym) of the Content.
Please note that ThoughtfulRecommendations does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ThoughtfulRecommendations. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against ThoughtfulRecommendations and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
b) Links to Other Sites and Resources. The Service contains links to other websites or resources. ThoughtfulRecommendations has no control over such external sites and resources. In addition, other websites may link to the Site. You agree that (i) ThoughtfulRecommendations is not responsible for the availability or accuracy of such external sites and resources, and (ii) ThoughtfulRecommendations does not endorse nor is it responsible or liable for any content, advertising, products, or materials on or available from such external sites and resources.
c) Inappropriate User Submitted Content. ThoughtfulRecommendations prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service and Site. Nevertheless, you acknowledge and agree that (i) ThoughtfulRecommendations is not and cannot be responsible for content posted by users on the Service, (ii) you may be exposed to any such materials or content, and (iii) you must bear all risks associated with the exposure to and/or use of any content, including without limitation any reliance on the accuracy, completeness, or usefulness of such content.
5. Copyright Policy
We respect the intellectual property rights of others, and we ask that our users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works.
Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act and other applicable laws, and is available at www.thoughtfulrecommendations.com/about/copyright. By accepting this Agreement, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement. The effective date of our Copyright Policy will be noted at the top of our Copyright Policy.
8. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY SIMPLENEAT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPLENEAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICE AND YOUR USE THEREOF. THE SERVICE AND SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND SIMPLENEAT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (VI) ANY CONDUCT BY USERS OF THE SERVICE OR SITE, AND/OR (VII) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. SIMPLENEAT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SIMPLENEAT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SIMPLENEAT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE OR CURRENT.
9. Limitation of Liability
YOU AGREE THAT SIMPLENEAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH: (I) THE USE OR THE INABILITY TO USE THE SERVICE OR SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE OR SITE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
We reserve the right to terminate your user account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease.
You may terminate your user account at any time and for any reason, and we will make available through the Service reasonable means for you to do so.
All provisions of this Agreement will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Intellectual Property
a) Copyright. All content included on the Site and delivered to users as part of the Service, including, text, graphics, logos (other than as noted), designs, button icons, images, digital downloads, data compilations, and software, is the property of ThoughtfulRecommendations, or its suppliers and is protected by the United States and international copyright laws. The compilation of all content on the Site is the exclusive property of ThoughtfulRecommendations, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from ThoughtfulRecommendations, or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. ThoughtfulRecommendations reserves the right to terminate your user account if ThoughtfulRecommendations, in its sole and absolute discretion, believes that you are in violation of this paragraph.
b) Trademarks. ThoughtfulRecommendations, the ThoughtfulRecommendations logo, and other ThoughtfulRecommendations logos and names are trademarks of ThoughtfulRecommendations. The Site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of ThoughtfulRecommendations. The trademarks, service marks and trade dress of ThoughtfulRecommendations may not be used or reproduced without prior written approval from ThoughtfulRecommendations and may not be used in connection with any product or service that is not affiliated with ThoughtfulRecommendations, in any manner that is likely to cause confusion among users, in any manner that dilutes the rights of ThoughtfulRecommendations, or in any manner that disparages or discredits ThoughtfulRecommendations. Other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ThoughtfulRecommendations.
12. Electronic Communications
By using the Service, you consent to receiving electronic communications from ComminityWalk. These communications will include notices about your account and information concerning or related to our Service. These communications are part of your relationship with ThoughtfulRecommendations and you receive them as part of your user account. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
13. Limitations on Use
You must be 18 years of age or older to form a user account for the Service. While individuals under the age of 18 may utilize the Service, they may do so only with the involvement of a parent or legal guardian. We do not intentionally seek to collect information from individuals 13 years of age and younger. Unless otherwise specified, the content on the Site is for your personal and non-commercial use and we grant you a limited license to access the Site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Site without our express written consent. Any unauthorized use of the Site or its contents will terminate the limited license granted by us.
14. Miscellaneous Provisions
b) Governing Laws. The Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
c) Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrators will be selected from a panel of persons having experience with and knowledge of electronic commerce, software code development, and the Internet. In the event that any party's claim exceeds $1 million, exclusive of interest and attorneys' fees, the dispute shall be heard and determined by three arbitrators. The place of arbitration shall take place in San Francisco, California, USA. Any judicial proceeding following arbitration shall take place in the State or Federal courts within the judicial district where the arbitration took place.
d) Waiver and Severability. The failure of ThoughtfulRecommendations to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
e) Notices. ThoughtfulRecommendations may provide you with notices, including, without limitation, those regarding changes to this Agreement and other service-related announcements, by email or postings on the Site.
f) Future Modifications of Agreement. We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on the Site. Your continued use of the Service indicates your acceptance of the amended Agreement.
Assignment. ThoughtfulRecommendations may assign
this Agreement to any successor or purchaser of ThoughtfulRecommendations or all or
substantially all of its assets.
h) Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.
i) Contact Information. Please send any questions or comments, or report any violations of this Agreement, to firstname.lastname@example.org.