PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE LIMITATIONS ON LIABILITY AND A DISCLAIMER OF ALL WARRANTIES.
The following terms are a legal agreement between you and Thinkster, Inc. ("Thinkster," "we," or "us"). Your use of thinkster.io (the "Site") and the services made available on the Site (“Services”) is subject to these Terms of Service (these "Terms"). By using the Site and any of our Services, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations.
Thinkster may, without prior notice to you, revise these Terms and any other information contained in this Site. When we do, we will revise the "last updated" date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published on the Site will constitute your acceptance of such revised Terms. Thinkster may also make improvements or changes in the Services described in this Site at any time without notice.
Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use our Services for your personal use and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms.
Except for your pre-existing rights and this license granted to you, Thinkster owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site and Services (“Thinkster Content”), excluding your content. Thinkster owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Thinkster Content and the Services which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on the Services, any of Thinkster’s Content in whole or in part, or the Site except as expressly authorized in writing by Thinkster. In addition, Thinkster does not grant any express or implied rights, and all rights in and to the Site, the Services and Thinkster’s Content, are retained by Thinkster.
The Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the pricing and payment terms listed on the Site, which Thinkster may update from time to time. Thinkster may add new services for additional fees and charges, or amend fees and charges for existing services, at any time and in its sole discretion. Any changes in fees or charges shall become effective in the billing cycle following notice of such change to you as provided in these Terms. Thinkster may lock your account for non-payment at any time. In addition to the amount due for the Services, delinquent accounts or chargebacks will be charged with fees or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees or convenience fees or any other third parties’ charges. You agree Thinkster may contact you by electronic mail at the address provided by you to Thinkster with respect to any delinquent accounts.
All information provided by you to Thinkster in connection with a purchase or transaction or other monetary interaction with the Services must be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card or other payment method used in connection with the purchase or transaction related to the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to such purchases or transactions.
If the Services are provided for a fee, you will need to provide Thinkster with valid payment information. All payment information that you provide to Thinkster in connection with a purchase of the Services must be accurate, valid, complete and current information. Your payment information will be automatically charged or billed on a monthly basis for the Services until you provide Thinkster with a notice of cancellation. You may cancel at any time by sending written notice to Thinkster at: 2443 Fillmore St #380-7122, San Fransisco, CA 94115; provided, however, any fees already processed or paid by you for the Services are not refundable or pro-rated in the event you cancel prior to the end of the month. You agree to pay any and all charges for the Services incurred by your credit card, debit card or other payment method used in connection with the purchase of the Services at the price in effect when the charges were incurred by you. In addition, you will pay any applicable taxes relating to the charges or fees associated with your purchase of the Services.
We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).
We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of the Site and our Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of the Site or our Services.
We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting on the Site, and to restrict, suspend, or terminate your access to our Site or Services at any time, for any reason (including, but not limited to, Thinkster’s sole determination that you violated any provision of these Terms), or for no reason, with or without prior notice, and without liability. Upon termination for any reason or no reason, you continue to be bound by these Terms.
You must comply with all applicable laws when using our Site or Services. Except as may be expressly permitted by applicable law, or as Thinkster may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Services (collectively, "Thinkster Content") or compile or collect any Thinkster Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Thinkster Content; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) use any Services or Thinkster Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Thinkster Content; or (viii) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services.
Certain parts of our Services, including account management features, may be password-restricted to registered users or other authorized persons. You agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Site or Services that is known to you.
Our Site may display, or contain links to, third party products, services, and Web sites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Site, or which is accessible through or may be located using our Services (collectively, "Third Party Content") are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using or viewing our Site, you may be exposed to content that is offensive, indecent, or objectionable. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Site.
You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Site or Services. In addition, you agree to provide notices and obtain any consents, if necessary, related to your use of the Site or Services, including those related to the collection, use, processing, transfer and disclosure of personal information. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and ownership of all of your data. Thinkster does not claim any ownership rights in and to any data, content or other material that you submit, publish, transmit, display on, through or with our Services. If you choose to terminate the use of the Services or your account, then you may send a written request to Thinkster at 2443 Fillmore St #380-7122, San Fransisco, CA 94115 requesting the deletion of all the data, content or other material that you submitted, published, transmitted, displayed on, through or with the Services.
You will not use our Site to: (i) upload, post, email, or otherwise transmit any material that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another\'s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit 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 or telecommunications equipment; (viii) interfere with or disrupt the Site, Services or servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) "stalk" or otherwise harass another; or (xi) collect or store personal data about other users.
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Thinkster, Inc. at firstname.lastname@example.org or Copyright Agent, Thinkster, Inc., 2443 Fillmore St #380-7122, San Fransisco, CA 94115. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the website; (2) identify the material on the website that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the website is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit Thinkster to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.
Upon receipt of notice as described above, Thinkster will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the website.
We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Site or Services ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Site or Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
YOUR USE OF THE SITE, SERVICES AND THE THINKSTER CONTENT IS AT YOUR SOLE RISK. THE, SITE SERVICES AND THE THINKSTER CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE, THE SERVICES OR ANY THINKSTER CONTENT, AND YOU RELY ON THE SITE, SERVICES AND THINKSTER CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
THINKSTER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF, OR INABILITY TO USE OUR SITE, SERVICES AND THE THINKSTER CONTENT. UNDER NO CIRCUMSTANCES WILL THINKSTER BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE, SERVICES, THINKSTER CONTENT OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THINKSTER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THINKSTER’S SITE OR SERVICES;(III) ANY UNAUTHORIZED ACCESS TO OR USE OF THINKSTER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THINKSTER’S SITE OR SERVICES BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY THINKSTER CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT (INCLUDING, THINKSTER CONTENT) POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR SERVICES.
UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE SERVICES AND THINKSTER CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SITE, THE SERVICES AND THINKSTER CONTENT IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR ACTION. IN ADDITION, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify and hold us, our agents, employees, directors, suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Site, the Services and Thinkster Content, your violation of these Terms, or your violation of any rights of a third party through use of the Site, Services or Thinkster Content.
The Site and Services are controlled and operated from Thinkster’s office in the United States. Thinkster makes no representations that the Site or Services are appropriate or available for use in other locations. Those who access or use the Site or Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site or Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United State government.
Enforcement of these Terms will be governed by the laws of the State of California, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Site, the Services or Thinkster Content will lie in the state and federal courts located in Santa Clara County, within the State of California, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
If you have any questions or concerns about our Site, Services or these Terms, you may contact us by email at email@example.com.