1. Acceptance of the Terms of Service.
1.1 These terms of service (the “Terms of Service”) are entered into by and between you and Thumbraise, Inc. (“Thumbraise,” “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, and any documents to which you agree that incorporate these Terms of Service by reference, govern your access to and use of the Thumbraise website available at http://thumbraise.com (the “Website”) and the Thumbraise software application (the “App”), including any content, functionality and services offered on or through such Website or App (collectively, the “Service”).
1.3 The Service is offered and available to users who are 18 years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Thumbraise and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Service.
2. Changes to the Terms of Service.
2.1 We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.
2.2 Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Accessing the Service.
3.1 We reserve the right to terminate, suspend, delay or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, in our sole discretion.
4. Intellectual Property Rights.
4.1 The Service and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Thumbraise, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
4.2 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service, except as we otherwise agree in writing.
4.3 You must not:
(a) modify copies of any materials from the Service, except as expressly authorized in these Terms of Service; or
(b) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Service.
4.4 If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Service, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Thumbraise. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
5.1 The THUMBRAISE name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Thumbraise or its affiliates or licensors. You must not use such trademarks without the prior written permission of Thumbraise. All other names, logos, product and service names, designs and slogans on the Service are the trademarks of their respective owners.
6. Prohibited Uses.
6.1 You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
(a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service;
(d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
(e) to impersonate or attempt to impersonate Thumbraise, a Thumbraise employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing); or
(f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Thumbraise or users of the Service, or expose them to liability.
6.2 Additionally, you agree not to:
(a) use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service;
(b) use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
(c) use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent;
(d) use any device, software or routine that interferes with the proper working of the Service;
(e) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service or any server, computer or database connected to the Service;
(g) attack the Service via a denial-of-service attack or a distributed denial-of-service attack; or
(h) otherwise attempt to interfere with the proper working of the Service.
7. User Contributions.
7.1 The Service may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Service.
7.2 All User Contributions must comply with the Content Standards set out in these Terms of Service.
7.3 Any User Contribution you post to the Service will be considered non-confidential and non-proprietary. By posting any User Contribution on the Service, you grant us, our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a perpetual, sub-licensable, royalty-free, worldwide right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Contribution for any business purpose.
7.4 You represent and warrant that:
(a) you have the full right, power and authority to post such User Contributions;
(b) you own all rights in and to the User Contributions and have the full right, power and authority to grant the license granted herein;
(c) the exercise of the rights granted in this Section 7 will not infringe or otherwise violate the rights of any third party (including, without limitation, any intellectual property, publicity and/or privacy rights); and
(d) all of your User Contributions do and will comply with these Terms of Service and all applicable laws.
7.5 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Thumbraise, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
7.6 We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service. You understand that when using the Service, you will be exposed to User Contributions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Contributions. You further understand and acknowledge that you may be exposed to User Contributions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Thumbraise, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
7.7 You understand that Thumbraise does not endorse any User Contributions submitted to the Service by any user, or any opinion, recommendation, or advice expressed therein, and Thumbraise expressly disclaims any and all liability in connection with User Contributions.
7.8 Thumbraise makes no representation as to the completeness or accuracy of User Contributions and shall not be liable for any investment decisions made based upon such User Contributions. You agree that any reliance upon any User Contributions accessed from the Website is at your sole risk.
7.9 THUMBRAISE NEITHER REPRESENTS, WARRANTS, COVENANTS GUARANTEES, NOR PROMISES ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND SITE-RELATED SERVICES. NEITHER THUMBRAISE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE.
8. Monitoring and Enforcement; Termination.
8.1 We have the right to:
(a) remove or refuse to post any User Contributions for any or no reason in our sole discretion including, without limitation, removal of User Contributions that have been identified by you or other users as inappropriate;
(b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for Thumbraise;
(d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service; and/or
(e) terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.
8.2 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose User Contributions. YOU WAIVE AND HOLD HARMLESS THUMBRAISE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
8.3 Although we reserve the right to review User Contributions, we have no obligation to review any User Contributions before they are posted on the Service, and cannot ensure removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger or inaccuracy contained in any User Contributions. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Content Standards.
9.1 The content standards in this Section 9.1 (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with these Terms of Service and all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
(a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
(b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
(e) be likely to deceive any person;
(f) promote any illegal activity, or advocate, promote or assist any unlawful act;
(g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
(h) impersonate any person, or misrepresent your identity or affiliation with any person or organization; or
(i) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
9.2 If you believe that any User Contributions violate the Content Standards, you may report such objectionable User Contributions to firstname.lastname@example.org.
9.3 Thumbraise may, in its sole discretion, determine whether any User Contribution violates the Content Standards.
10. Copyright Infringement.
10.1 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that any User Contributions violate your copyright, please send a notice of copyright infringement that complies with the then-current statutory requirements imposed by the DMCA to email@example.com. It is the policy of Thumbraise to terminate the Accounts of repeat infringers.
10.2 Please note that this procedure is exclusively for notifying Thumbraise and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including, without limitation, 17 U.S.C. §512(c), but do not constitute legal advice. We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
11. Changes to the Service.
11.1 We may update the content on the Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.
12. Information About You and Your Visits to the Service.
13. Linking to the Service and Social Media Features.
13.1 You may link to our Website homepage, provided you do so in a way that is legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we agree otherwise in writing.
13.2 The Service may provide certain social media features that enable you to:
(a) link from your own or certain third-party websites to certain content on the Service;
(b) send e-mails or other communications with certain content, or links to certain content, on the Service; and/or
(c) cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites.
13.3 You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
(a) Establish a link from any website that is not owned by you unless you have permission to do so;
(b) Cause the Service or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
(c) Link to any part of the Service other than the Website homepage; or
(d) Otherwise take any action with respect to the materials on the Service that is inconsistent with any other provision of these Terms of Service.
13.4 The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
13.5 You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
13.6 We may disable all or any social media features and any links at any time without notice in our sole discretion.
14. Links from the Service.
14.1 If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. Geographic Restrictions.
15.1 The owner of the Service is based in the State of Missouri in the United States. We provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Your Comments and Concerns.
16.1 This Service is operated by Thumbraise, Inc., a Delaware corporation.
16.2 All notices of copyright infringement claims should be sent to the designated copyright agent in the manner and by the means required under applicable law. See Section 10 for additional information.
16.3 All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: firstname.lastname@example.org.