Thought Labs, LLC ("Thought Labs") is pleased to provide you with access to certain services offered by Thought Labs, LLC, including Thought Labs Inner Circle, free of charge. Your use of these services (the "Services") is subject to the binding legal agreement set forth below (the "Terms"). You understand we may update these Terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new features or updated Services that we offer to you will be subject to these Terms.
You may use the Services for your personal, non-commercial use. You may make a single copy of the individual screens you see when you use the Services, but only for your personal, non-commercial use, and not for further distribution or transfer to others. You may not, and you agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services, except as set forth in these Terms.
In connection with using some features of the Services, you will need to provide us with various information, which may in some cases be provided to us through third party services or websites (for example, if you use Facebook®, various information related to you and/or your networks may be provided to us through certain application programming interfaces or services provided by Facebook and accessed by us in connection with offering you the Services). We will use and retain any information provided by such third parties, and you hereby expressly agree and approve of our use and retention of such information, in accordance with our Privacy Policy and these Terms.
You agree not to use another's account information without permission. You agree to provide accurate and complete account information as requested by us. You are solely responsible for the activity that occurs in connection with your account information, and you must keep any account passwords secure. Although Thought Labs will not be liable for your losses caused by any unauthorized use of your account information, you may be liable for the losses of Thought Labs or others due to such unauthorized use.
Any information that we may collect from you during your use of the Services is subject to our Privacy Policy. We encourage you to read and understand our Privacy Policy which can be accessed at http://apps.facebook.com/innercircle/privacy.php.
Through some of the Services, you may be allowed to provide content (any such content is referred to herein as "Content"), for example by posting or linking to materials or providing comments for others to see. If you post, link to or otherwise provide any Content, you guarantee, represent and warrant to us that:
You have legal rights to post, link to or otherwise provide such Content and it will not violate any law or the rights of any person;
While you or the rightful owner of the Content retain all of ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, transferable, sub-licensable, worldwide right to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of the Services;
You are entirely responsible for all Content you post, link to, upload, e-mail, transmit, provide or otherwise make available by and/or through the Services;
You have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Services and these Terms; and
For all Content, including all information and materials of any kind, including graphics, sounds, text, posted, liked to or otherwise provided by any users of our Services, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using our Services; and we do not screen, monitor, edit or review Content before it appears on our Services. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve our Services. We can also suspend or terminate use of the Services by anyone who does not follow these Terms. Nevertheless, because we do not prescreen Content, you understand that by using our Services, you may be exposed to Content that is offensive or objectionable.
Except for allowing you to use the Services for your personal, non-commercial use as set forth in the paragraph above, when you use the Services you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Thought Labs. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER THOUGHT LABS PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT
The Services are owned by Thought Labs and/or its licensors and protected by applicable law, with all rights reserved. Thought Labs takes the protection of intellectual property rights, including copyrights, very seriously. If you infringe or misappropriate the intellectual property rights, including copyrights, of others, Thought Labs will terminate your access to, or use of, the Services without notice to you.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Thought Labs if they have a good-faith belief that their protected works are being infringed. Thought Labs will respond to all such notifications that are sent to:
To be effective, the notification must be a written communication that includes:
A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Website provider to locate the material;
Information reasonably sufficient to permit the Website provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification, Thought Labs shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After Thought Labs removes or disables access to such material, if such material was posted by a user of the Services, Thought Labs will notify the party that posted the material of its action. Such party may then provide Thought Labs 's designated agent proper "counter-notification" stating his, her or its authority to post the allegedly infringing material, which Thought Labs will forward to the alleged copyright owner. Thought Labs will inform the alleged copyright owner that Thought Labs will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to Thought Labs' designated agent stating that it has filed suit against the alleged infringer.
An effective counter-notification must be sent to Thought Labs's designated agent, whose name and address are listed above. The notice must include the following information:
The counter-notifying party's physical or electronic signature;
Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
The counter-notifying party's name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where Thought Labs is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided Thought Labs with notification or an agent of such a person.
Thought Labs, Inner Circle and our other graphics, logos, designs, headers, icons, scripts and service names are registered trademarks, trademarks or trade dress of Thought Labs in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.. Other trademarks are the property of their respective owners.
From time to time, this Services might host or facilitate contests. In such cases, the contest rules shall be prominently displayed, and you agree to read such rules, comply with them and only participate in any such contests under and pursuant to the terms thereof.
Some parts of the Services may contain mature or adult content intended for people who are at least 18 years old. If you view this adult content, we understand that you are telling us that you are at least 18 years old and that the material you are viewing is acceptable to you. Parental control protections (such as computer hardware, software or filtering Services) are commercially available that may assist parents in limiting access to content that may be harmful to minors.
The safety of children is very important to us. Thought Labs intends for the Services to be a general audience Services that complies with the Children's Online Privacy Protection Act. When a child under age 13 attempts to register with Thought Labs, we ask that they have a parent or guardian establish an account. This is to ensure that the parent or guardian consents to the collection and use of personally identifying information from that child. If a parent wishes to refuse to permit further collection or use of their child's information by Thought Labs, that parent can send an e-mail to us at support@thoughtlabs.com to request deletion of their child's account.
We strive to create a truly safe place for children on the Internet and over the airwaves. Parental control protections (such as computer hardware, software or filtering Services) are commercially available that may assist parents in limiting access to content that may be harmful to minors.
The Services may contain links to other third party websites or services, which links may appear to embed the content hosted by those other websites or services into various interfaces of the Services. Your use of such other websites or services is subject to the terms of use, if any, governing the use of such websites or services. Thought Labs is not able to control these third party websites or services, and assumes no responsibility for their content, privacy policies, or practices. If there is any conflict between the Terms set forth below and any terms or notices set forth with respect to any other websites or services, then the terms of such other websites or services will control your use of those websites or services. Please review the terms of use for each website and service so that you understand all of the terms that will apply. By using the Services, you expressly relieve Thought Labs from any and all liability arising from your use of any third party websites or services.
To help everyone have a positive experience when using the Services, we ask, and you agree, to follow the following basic rules of conduct when using the Services:
You will follow these Terms and all applicable laws;
You will never give your password or account information to anyone (no Thought Labs employee will ever ask for it) and you will not provide your billing or credit information;
You will not harass, threaten or abuse other people when using the Services in any manner;
You will not interfere with others' use of the Services or act in a way that negatively affects other users' enjoyment of the Services;
You will not upload, post, e-mail or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
You will not collect or store personal information about any other individual on the Services, or otherwise stalk, repeatedly contact or harass another user;
You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Thought Labs; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
You will not manipulate the Services so as to hide your identity or participation in the Services (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);
You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Services, users' ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services; and
You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services.
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your rights to use the Services are terminated, you will immediately lose access to any information that may be connected with your account or otherwise related to your use of the Services. YOU UNDERSTAND THAT THOUGHT LABS IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION THAT MAY BE CONNECTED WITH YOUR ACCOUNT OR OTHERWISE RELATED TO YOUR USE OF THE SERVICES FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SERVICES AND FOR ALL CONTENT PROVIDED IN CONNECTION WITH YOUR ACCOUNT INFORMATION, AND AGREE TO INDEMNIFY AND HOLD THOUGHT LABS AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS' FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SERVICES, THE CONTENT PROVIDED IN CONNECTION WITH YOUR ACCOUNT INFORMATION (WHETHER CONTRIBUTED BY YOU, LINKED BY YOU OR OTHERWISE), OR YOUR ACCESS TO THE SERVICES, OR YOUR VIOLATION OF ANY OF THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOADS AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE IN CONNECTION WITH THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, SERVICES AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THOUGHT LABS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT THOUGHT LABS DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, THOUGHT LABS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, SERVICES AND CONTENT) INCLUDED IN OR ACCESSIBLE IN ANY WAY FROM, THROUGH OR BY THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THOUGHT LABS OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO, TAMPERING WITH OR TRANSMISSION OF YOUR PERSONAL INFORMATION OR COMMUNICATIONS, IN ANY WAY ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, EVEN IF THOUGHT LABS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
We can terminate your access to the Services at any time. We may also remove or delete any Content that you provide without cause and without notice to you
We can also change these Terms at any time, and your continued use of the Services after any such change we will mean that you agreed with all such prior changes. Notice to you may be made by displaying notices or links to notices generally on the Services. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.
These Terms are the entire agreement between you and Thought Labs. They supersede any and all prior or contemporaneous agreements between you and Thought Labs relating to your use of the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Massachusetts, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Thought Labs for any violation of Thought Labs's proprietary or other rights, any and all disputes relating to these Terms, your use of the Services be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Boston, Massachusetts. You can direct any questions concerning these Terms to support@thoughtlabs.com