Terms of Use Agreement for thinkgiving.com
Please Read This Terms of Use Agreement Before Accessing the thinkgiving.com Website.
1. Your Acceptance of These Terms of Use
a. This Terms of Use Agreement (“Agreement”) sets forth the standards of use of the thinkgiving.com Website (“Website”) and Online Services for both registered thinkgiving.com Studio Members and for unregistered non-Members using the site. By using the thinkgiving.com website you (the “Member”) and the unregistered non-Member agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, or the thinkgiving.com Privacy Policy, please do not use any page or any user function on this website. By using and/or visiting the thinkgiving.com website you hereby acknowledge and signify your agreement to thinkgiving.com’s Terms of Use Agreement and Privacy Policy.
b. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at thinkgiving.com. Your continued use of the website and services provided after amendments are posted constitutes an acknowledgement and your acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version posted to our Terms of Use page. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. thinkgiving.com Website Description of Service
a. thinkgiving.com is an online social networking and social media service (“Service”). Registered members of the thinkgiving.com site Service are provided with a Creative Studio member page where they can create a studio profile and share videos, photos, artwork and graphic design images. Registered members may update their profile text and images and describe their interests. Member must provide (1) all of the equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
b. Carefully choose all information you post on the “Website” and that you provide to other Members and Non-members. Your telephone number, street address and first and last name are not required information when you register and sign up for your thinkgiving.com Creative Studio page and studio profile. We strongly encourage you to not include your telephone number, street address and first and last name in your profile. The email address you provide when registering is never publicly displayed by thinkgiving.com. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other thinkgiving.com Members in their Creative Studio profile, in their site comments or messages, may contain inaccurate, inappropriate or offensive material, products or services and thinkgiving.com assumes no responsibility or liability for this material.
3. Disclaimer of Warranties.
The site is provided by thinkgiving.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, thinkgiving.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. thinkgiving.com shall have no liability for any interruptions in the use of this Website. thinkgiving.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
4. Limitation of Liability
thinkgiving.com SHALL NOT be liable for any damages whatsoever, and in particular thinkgiving.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if thinkgiving.com has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
5. Indemnification
thinkgiving.com registered Member and unregistered non-Members who use the thinkgiving.com site and Service agrees to indemnify and hold thinkgiving.com its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s and non-Members use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
6. Registered Members Account
All registered Members of the Service shall receive a Creative Studio member’s page, an account with a user name and password created by the member. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized by the Member. Member agrees to notify thinkgiving.com of any unauthorized use of the Member’s account, or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member’s may never use other Member’s account without that Member’s permission. Although thinkgiving.com will not be liable for any Member’s losses caused by any unauthorized use of the Member’s account, the Member may be liable for the losses of thinkgiving.com or others due to any and all unauthorized use of Member’s account. Member agrees not to resell or make any commercial use of the Service without the express written consent of thinkgiving.com.
7. Member Content Submissions and Conduct
a. Registered Members with Creative Studio pages may submit media content (video, digital files derived from artwork, graphic design, photography, web design) referred to here as: “MEDIA” and textual content ("Member Comments"). MEDIA and Member Comments are collectively referred to as "Member Submissions." You understand and agree that whether or not such Member Submissions are published, thinkgiving.com does not guarantee any form of confidentiality with respect to any Member Submissions.
b. Member’s retain all ownership rights in their MEDIA Submissions. However, by uploading your MEDIA and submitting Member Submissions to thinkgiving.com, you hereby grant thinkgiving.com a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, publish, transmit, prepare derivative works of, display, and perform the Member Submissions in connection with the thinkgiving.com Website and thinkgiving.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the thinkgiving.com Website (and derivative works thereof) in any media formats and through any known media channels. You the Member also hereby grant each Member and non-registered user of the thinkgiving.com Website a non-exclusive license to access your Member Submissions through the Website, and to use, reproduce, distribute, publish, display and perform such Member Submissions as permitted through the sharing features and functionality of the Website and under these Terms of Service. The above licenses granted by you in: Member Content Submissions and Conduct, will terminate within a commercially reasonable time after you remove or delete your MEDIA from the thinkgiving.com Service. You understand and agree, however, that thinkgiving.com may retain, but not display, distribute, or perform, server copies of Member’s MEDIA and Member Submissions that have been removed or deleted. The above licenses granted by you in Member Comments are perpetual and irrevocable.
c. You are solely responsible for your own Member Submissions and the results and consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, written consents, and permissions to use and authorize thinkgiving.com to use and publish all patent, trademark, trade secret, copyright or other proprietary rights in any and all Member Submissions to enable inclusion and use of the Member Submissions in all manner contemplated and performed by the Website and in these Terms of Service.
d. In connection with Member Submissions, you further agree that you will not submit any MEDIA or any Member Submissions that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights, or have permission from the rightful rights owner to post the material and to grant thinkgiving.com all of the license rights granted herein.
8. Age Requirements to Register as a Member of thinkgiving.com and Your Ability to Accept Terms of Service
a. You certify and acknowledge that you are at least 18 years of age, or you are an emancipated minor, or possess legal parental or guardian consent, and (1) you are fully able to enter into the terms, conditions, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service, (2) you have read and fully agree to the thinkgiving.com Terms of Use and Privacy Policy.
b. Or, You certify and acknowledge that you are over the age of 13 years, and have your parent's or legal guardian's permission and express consent to use the thinkgiving.com web site. You further agree that (1) you are fully able to enter into the terms, conditions, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service, (2) you have read and fully agree to the thinkgiving.com Terms of Use and Privacy Policy.
c. Registered Member accounts, Creative Studio profiles and any and all Member activities are not for anyone under the age of 13 years old. If you are under 13 years of age, you do not have thinkgiving.com’s authorization, consent or permission to register as a site Member.
9. Modifications and Interruption to Service
thinkgiving.com reserves the right to modify or discontinue the Service with or without notice to the Member. thinkgiving.com shall not be liable to Member or any third party should thinkgiving.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts thinkgiving.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Third-Party “periodic web server maintenance” may require the thinkgiving.com site to be offline for specific periods of time. When possible, thinkgiving.com will notify Members in advance of site maintenance periods requiring the site to be offline.
10. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or use the contacts information provided by those third-party companies for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
11. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While thinkgiving.com makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website. You acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
12. Governing Jurisdiction of the Courts of California
Our Website administration services are operated and provided in the State of California. As such, we are subject to the laws of the State of California and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.
13. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
14. Copyright and Trademark Information
thinkgiving.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website. thinkgiving.com will remove all MEDIA and Member Submissions if properly notified that such MEDIA Content or Member Submission infringes on another's intellectual property rights. thinkgiving.com reserves the right to remove any and all Member Submissions without prior notice. thinkgiving.com does not endorse any Member Submission or any recommendation, ideas, opinion, or advice expressed therein, and thinkgiving.com expressly disclaims any and all liability in connection with Member Submissions.
15. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, thinkgiving.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
Robert Gerson, Copyright Notifications
Thinkgiving.com
PO Box 1440
Solvang, CA 93463
By Telephone: 805-451-3703
By Email: please use contact form located at: thinkgiving.com/contact
16. thinkgiving.com Copyrights and Intellectual Properties
a. All non-member generated content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 thinkgiving.com, will all rights reserved, or is the property of thinkgiving.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of thinkgiving.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of thinkgiving.com
b. thinkgiving.com™, The Video Philanthropy Contest™ and Powered by Human Creativity/A natural, renewable resource™ are proprietary marks of thinkgiving.com. thinkgiving.com’s trademarks may not be used in connection with any product or service that is not provided by thinkgiving.com in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits thinkgiving.com.
c. All other trademarks displayed on thinkgiving.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with thinkgiving.com.
17. Botnets
thinkgiving.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, thinkgiving.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
18. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by thinkgiving.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices as described in our Privacy Policy Statement.
Effective Date: This Terms of Use Agreement was last updated on December 8, 2007.
