2. Thinkerly Services
Thinkerly Services may include features that promote physical activity. In case that you suffer or suspect suffering from a cardiac condition (e.g. coronary disease) or other medical condition which may affect your physical performance, if you have abnormal feelings during physical performance or if you use a pacemaker or other electronic medical device, you should consult a medical doctor before physical exercise and before using the Thinkerly Services. Thinkerly is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the Thinkerly Services
2.2 Third Party Information and Services.
References of third parties and third party products and/or services in any materials, advertising, promotions or coupons provided to site users is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third party product and/or service specifications and descriptions are supplied by the respective vendor or supplier, and Thinkerly shall have no responsibility with regard to the selection, performance, or use of these vendors or products/services. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
Thinkerly may include links to sites on the Internet that are owned or operated by third parties. If you choose to use such links to such sites you agree to review and accept such site’s rules of use before using such site. You access the third-party sites at your own risk. Thinkerly does not assume any responsibility for material created or published by such third-party sites. By providing a link to a third party site Thinkerly does not imply that Thinkerly endorses the site or the products or services referenced in such third party site.
In order to use certain Thinkerly Services, you need to register. Registration may be subject to a payment of registration fee. To register, you need to create a username and password. You agree to provide truthful, accurate and complete information when you are registering and you agree to maintain and update any information provided. Any false identification or e-mail address or otherwise misleading information about your identity is strictly forbidden. Use of the Thinkerly Services by using your username and/or password is assumed by us to be made by you and thus you are personally responsible for such use. You agree to take reasonable measures and all due care to protect your password and username against misuse by third parties. You agree to indemnify Thinkerly against any loss or damage caused as a result of misuse of the Thinkerly Services by a third party where such misuse was made possible by your failure to take such reasonable measures and due care.
Thinkerly requests you to promptly notify Thinkerly at firstname.lastname@example.org of any unauthorized use of your username or of any other inappropriate use of the Thinkerly Services.
4. Intellectual Property Rights
The intellectual property right license clauses in sections 4.1 and 4.2 shall apply, unless software, Content or User Content is accompanied by Thinkerly End-User Software Agreement or by its own licensing terms of the publisher, in which case such Thinkerly End-User Software Agreement or other terms will apply. Notwithstanding anything to the contrary in such terms, you grant, and warrant that you have the right to grant, to Thinkerly the rights and licenses defined in Clause 4.2 to your User Content (as defined in section 4.2 below), without any payment due to you; and other terms specified in section 4.2 including, but not limited to, representations and warranties shall continue to apply.
4.1. Thinkerly Service Content.
Save for all User Content, the content on Thinkerly Services including, without limitation, images, icons, photographs, graphics, sounds, music, videos, texts, software, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests or the like or any other materials (“Content”) are owned or licensed by Thinkerly and protected under copyright and other intellectual property right laws. All trade names, trademarks and service marks appearing on the Content are protected by Thinkerly or respective third party owners. Any rights not expressly granted herein are reserved. All Content is for your personal non-commercial use only and may not be used, modified, reproduced, transmitted, published, sold, licensed or distributed to any third parties, or exploited in any other way without the written consent of Thinkerly or the respective right holder. Thinkerly also permits you to establish a link to materials on the Thinkerly Sites for personal and non-commercial use. Your access to Thinkerly Sites should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the site without the prior written consent of Thinkerly or the third party owner thereof. You agree not to remove any copyright or other proprietary notices if you download or print Content. You also agree not to circumvent or disable any security or other technical features that prevent or restrict the use or copying of the Content.
4.2 User Content.
(a) you own the User Content submitted by you to the Thinkerly Services or otherwise have the right to grant the license set forth in this section 4. User Content submitted by you does not contain content that is unlawful, defamatory, offensive, abusive, libellous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit for publication or that encourages to any illegal activity, criminal offence or civil liability;
(b) User Content submitted by you does not contain a virus, Trojan horse, “sniffer” routines, backdoors, “robots”, “spiders”, worms, time bombs, bots, or any other harmful software code, file, program or programming routine, or other contaminating or destructive features;
(c) you will not submit any advertisements or solicitations of business unless specifically allowed;
(d) User Content submitted by you does not infringe or misappropriate any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others; and
(e) you will not submit any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, “junk mail”, “spam”, pyramid schemes or any other solicitations or communications, including without limitation spamming us or other users of the Thinkerly Services, or use or collect other users’ e-mail addresses or phone numbers, or other users’ information or postings, or use the Thinkerly Services to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to our or any Thinkerly Services’ visitor’s computer system.
(f) you will not send any such messages through Thinkerly Services to any other user, or to Thinkerly that contain vulgar, abusive, or otherwise inappropriate language.
(g) you will not disrupt the flow of discussion in discussion boards with vulgar, abusive, or otherwise inappropriate language; or by other means, including endlessly and repeatedly hitting the Enter key or posting repetitive text.
(h) you agree not to take action against Thinkerly in relation to User Content that you submit.
(i) your postings or User Content submissions shall not cause injury or harm to any persons or entities.
(j) you will not use the Thinkerly Services to “stalk” or harass another person, and your User Content and use will not suggest or encourage any illegal activity.
(k) your use of the Thinkerly Services will not compromise the security or integrity of Thinkerly’s computer systems, networks, or web site(s) or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on the Thinkerly Services or its infrastructure, or using any computer programming routine, file, or device to damage or interfere with the operation of the site(s) or services.
(l) You may not use the Thinkerly Services or other Thinkerly products or services for life critical or medical purposes.
Thinkerly further requires you to use good judgment and exercise discretion in choosing appropriate subjects and subject matter for any photos or video submissions to the Thinkerly Services. Please note that privacy laws may protect individuals with respect to their being photographed or videotaped, so please respect the privacy of others by asking for and obtaining their consent to be photographed or videotaped, as well as for your submissions of photos or videos to the Thinkerly Services. Any use of the Thinkerly Services, Content and User Content which does not comply with the foregoing is strictly prohibited. Thinkerly expressly disclaims any liability arising out of or relating to the User Content.
Written notifications of claimed copyright infringement should be sent to Thinkerly’s designated copyright agent (“Designated Agent”) at address:
To be effective, the notification must include the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) Identification or description of the copyrighted work claimed to have been infringed;
(c) Identification or description of the material that is claimed to be infringing and information reasonably sufficient to the Designated Agent to locate the material;
(d) Your name, address, telephone number, e-mail address and any other information which will permit the Designated Agent to contact you;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A 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.
For written notifications of any other User Content which is inappropriate, unlawful, defamatory, offensive, abusive or otherwise unfit for publication please write to us to email@example.com stating your full name and address, details of the location of the User Content in question and a detailed explanation why it is inappropriate, offensive or unlawful. Thinkerly may remove or moderate any User Content that in the sole judgement of Thinkerly violates the Terms and Conditions or which may be offensive, illegal or violate the rights of, or harm or threaten the safety of, any person. Thinkerly assumes no responsibility for monitoring the Thinkerly Services for inappropriate User Content or conduct. If at any time Thinkerly chooses, at its sole discretion, to monitor the Thinkerly Services and moderate User Content, Thinkerly nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content. Other users of the Thinkerly Services will be asked to report all User Content inappropriate, unlawful, defamatory, offensive, and abusive or otherwise unfit for publication at firstname.lastname@example.org.
5. Comments and other Information
Please be aware that the submission of comments or information through other similar medium may be published in Thinkerly Services and subject to many kinds of different users of different age and level of experience and Thinkerly does not assume responsibility for monitoring of the material posted and published. Your use of public forums like comments, message boards and chat rooms is at your own risk and you are solely responsible for all and any actions you take as well as for all and any actions that you take based on information gained on such public forum.
6. Disclaimer of Warranties
THINKERLY SERVICES, AS WELL AS CONTENT AND USER CONTENT THEREOF, ARE PROVIDED BY THINKERLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THINKERLY DOES NOT WARRANT THAT THE THINKERLY SERVICES WILL BE UNINTERRUPTED OR ERROR OR VIRUS-FREE. THINKERLY RESERVES THE RIGHT TO REVISE THE THINKERLY SERVICES OR WITHDRAW ACCESS TO THEM AT ANY TIME WITHOUT NOTICE TO YOU. THINKERLY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE THINKERLY SERVICES. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE THINKERLY SERVICES IS AT YOUR SOLE RISK AND THAT YOU ARE EXPOSED TO USER CONTENT FROM VARIOUS SOURCES. THINKERLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY USER CONTENT OR INFORMATION PROVIDED BY OTHER USERS OF THE THINKERLY SERVICES.
8. Direct Marketing
You may also give us your consent to use your personal data for direct marketing purposes. You have the right, at any time, to prohibit us or our third-party designees from using any personal data collected from you for direct marketing purposes, even if you have earlier consented to such use.
9. Fees, Purchase and Payment Terms
Thinkerly reserves the right to change its fees for Thinkerly Services, (if any) from time to time at its discretion. Thinkerly may from time to time launch other Thinkerly Services which may be subject to a separate charge and terms. You agree that all orders placed shall be legally valid and binding on you. As used here “order” shall mean the selection of the content available in the Thinkerly Services accompanied by the entering and sending of payment method and information, as well as selecting the “accept” button in the purchase order flow, or other indication of acceptance and confirmation of your order that is presented to you in the purchase order flow. Content licenses from the Thinkerly Services may be purchased through a range of payment methods as indicated on the Thinkerly Services from time to time. All orders placed through the Services are subject to Thinkerly’s acceptance.
Thinkerly is not liable for any fraudulent transactions due to your negligence. You agree to ensure that the instrument of payment for the payment method used is valid at the time of the transaction, that you are the rightful holder of the instrument and that the instrument is used within its credit limits. You acknowledge that your electronic order constitutes your agreement to be bound by and to pay for such transactions. Fees will be presented to you in different currencies depending on your location and shall be identified in the payment information at the time of the placement of your order. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. Regardless of the currency used or the price shown to you by Thinkerly, there may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. Thinkerly assumes no responsibility for the payment of such fees or charges.
In case of termination or cancellation of your use of Thinkerly Services for any reason, Thinkerly shall not be under an obligation to refund or return any of your payments.
10. Limitations of Liability