Acceptance of Terms
The Materials are subject to change without notice. Unless otherwise specified, all copyright and other intellectual property in the Materials shall be owned by ThinkingPhones.
Third Party Information and Links
Any dealings with third parties conducted through the Site or any third party sites, including the delivery of and the payment for goods and services, are solely between you and the third party. ThinkingPhones shall not be responsible or liable for any part of any such dealings.
You may not use this Site in any manner which could damage, disable, overburden, or impair this site or interfere with any other party’s use and enjoyment of this Site. You may not attempt to gain unauthorized access to this Site, other accounts, computer systems or networks connected to this Site, through hacking, password mining or any other means.
This Site may also contain content, bulletin board services, chat areas, news groups, forums, communities and other messages or other communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. You agree that when using a Communication Service or this Site, you will not:
Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as privacy rights) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, obscene as to minors, child pornography, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, or otherwise objectionable topic, name, material or information.
Upload, post, email, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as software protected by intellectual property laws, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, including Trojan horses, worms, time bombs, cancelbots or corrupted files.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any email headers, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of email, software or other material in order to disguise the origin of such email, software or material.
Restrict or inhibit any other user from using and enjoying the Communication Services, or create an unusually large burden on the Communication Services, such as by generating levels of traffic sufficient to impede others’ ability to send or retrieve information
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without prior written authorization from such owners of such information.
Resell any of the Communication Services or use the Communication Services other than for your own personal purposes.
Violate any applicable laws or regulations.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
Use any ThinkingPhones domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
ThinkingPhones has no obligation to monitor the Communication Services. However, ThinkingPhones reserves the right to review and edit materials posted to or sent through a Communication Service and to remove any materials in its sole discretion. ThinkingPhones further reserves the right to terminate your access to any or all of the Communication Services and this site at any time, without notice, for any reason whatsoever.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”) posted to any Communication Services by any users are the sole responsibility of those users. ThinkingPhones does not guarantee the accuracy, copyright compliance, legality, integrity, quality, or decency of such Content.
This Site can be accessed from countries around the world and may contain references to ThinkingPhones products, services, and programs that may not be available in your country. These references do not imply that ThinkingPhones intends to announce such products, services or programs in your country.
The Site is controlled, operated and administered by ThinkingPhones from its offices within the United States. ThinkingPhones makes no representation that the Site, or the Materials available through the Site, are appropriate or available for use at other locations outside the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You may not access, download, use, or export information (including any software, products or services) contained on this Site in violation of U.S. export laws or regulations, or in violation of any applicable laws or regulations.
All content and software (if any) that is made available to view and/or download in connection with this Site, excluding content and/or software that may be made available by end-users through a Communication Service, is owned by and is the copyrighted work of ThinkingPhones and is protected by copyright laws and international treaty provisions. Except as specifically permitted herein, no portion of the documents, information on this website may be reproduced in any form or by any means without the express written consent of ThinkingPhones, and your use of any software is governed by the terms of the software license agreement which accompanies or is included with the software.
Content Submitted By You to ThinkingPhones
By posting, uploading, inputting, providing or submitting any information to this site, you consent to ThinkingPhones’ collection of such information, and you grant ThinkingPhones, its affiliated companies and necessary sublicensees permission to use such submitted information in connection with the operation of this site and its business, including the worldwide, royalty-free rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted information; and to publish your name any contact information you approve of in connection with your submitted information. No compensation will be paid with respect to the use of your submitted information and no submitted information shall be deemed confidential. ThinkingPhones is under no obligation to post or use any information you may provide and ThinkingPhones may remove any such information at any time in its sole discretion. Any suggestions, improvements or modifications made by you or anyone acting on your behalf will be the property of ThinkingPhones without any further consideration to you, whether or not the foregoing are incorporated into ThinkingPhones products and services.
You understand that all submitted information, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such submissions originated. This means that you, and not ThinkingPhones, are entirely responsible for all submitted information that you upload, post, provide, input, submit, or otherwise transmit via the website. ThinkingPhones does not control the submitted information posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such submitted information. You understand that by using the website, you may be exposed to submitted information from others that are offensive, indecent or objectionable.
Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS SITE, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THINKINGPHONES ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL THINKINGPHONES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOU SPECIFICALLY AGREE THAT THINKINGPHONES SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE. YOU SPECIFICALLY AGREE THAT THINKINGPHONES IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THINKINGPHONES IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY. IN NO EVENT SHALL THINKINGPHONES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, WHETHER OR NOT THINKINGPHONES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Upon reasonable request by ThinkingPhones, you agree to defend, indemnify, and hold harmless ThinkingPhones and its employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site, including content sent or posted by you through the Communication Services, your connection to this site, your non-compliance with these terms and conditions of use, or your violation of any third-party rights. ThinkingPhones reserves the right, at it’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ThinkingPhones in asserting any available defenses.
Intellectual Property Rights
Neither you nor anyone acting on your acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this site, including without limitation, software and information, except as otherwise expressly specified in an appropriate license or other mutually agreed upon, written agreement that you may have with ThinkingPhones. Any grants not expressly granted herein are reserved.
The trademarks, logos, and service marks (collectively “Trademarks”) appearing on the Site are the property of ThinkingPhones and other parties. Nothing contained on the Site should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark.
Governing Law and Jurisdiction
This site is controlled by ThinkingPhones from its offices in Massachusetts, United States of America. All matters relating to your access to, or use of the Site shall be governed by U.S. federal law or the laws of the Commonwealth of Massachusetts. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in Massachusetts. You and ThinkingPhones agree to submit to the jurisdiction of, and agree that venue is proper in these courts.