Welcome to our website. This site is maintained as a service to our customers. By
using this site, you agree to comply with and be bound by the following terms and
conditions of use. Please review these terms and conditions carefully. If you do not
agree to these terms and conditions, you should not use this site.
1. Agreement.
This Term and Conditions agreement ("the "Agreement") specifies the
Terms and Conditions for access to and use of Thinkable,
(team@thinkablemedia.com; LEGAL@thinkablegroup.com) (the “Website” or “Site”)
and describe the terms and
conditions applicable to your access of and use of the Website. This Agreement may
be modified at any time by Thinkable upon posting of the modified Agreement. Any
such modifications shall be effective immediately. You can view the most recent
version of these terms at any time at the Website. Each use by you shall constitute
and be deemed your unconditional acceptance of this Agreement.
2. Privacy.
Your visit to our site is also governed by our Privacy Policy. Please review
our Privacy Policy at the Website.
3. Ownership.
All content included on this site is and shall continue to be the
property of Thinkable or its content suppliers and is protected under applicable
copyright, patent, trademark, and other proprietary rights. Any copying,
redistribution, use or publication by you of any such content or any part of the
Website is prohibited, except as expressly permitted in this Agreement. Under no
circumstances will you acquire any ownership rights or other interest in any content
by or through your use of this Website.
4. Intended Audience.
This site is intended for teenagers and adults only. This site is
not intended for any children under the age of 13.
5. Trademarks.
The name Thinkable, logos, domain names, service marks, and any
other distinctive brand features are either trademarks or registered trademarks of
Thinkable. Other product and company names mentioned on this Website may be
trademarks of their respective owners.
6. Site Use.
Thinkable grants you a limited, revocable, nonexclusive license to use
this site solely for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works, or other use. You agree
not to copy materials on the site, reverse engineer or break into the site, or use
materials, products or services in violation of any law. The use of the Website is at the
discretion of Thinkable, and Thinkable may terminate your use of the Website at any
time.
You must establish a profile to use many features on Thinkable and may be required
to enter information such as a username and password, name, date of birth, gender,
email address, zip code, and country. You (“User”) are fully responsible for
maintaining the confidentiality of the username and password, and for all activities
that occur under that username. All users agree to: (a) immediately notify Thinkable
of any unauthorized use of their username or password or any other breach of
security, and (b) ensure that they exit from their account at the end of each session.
Thinkable cannot and will not be liable for any loss or damage arising from failure to
comply with this Agreement.
7. Endorsement & Third-Party Sites.
The site contains hyperlinks to other Internet
sites and services not under the editorial control of Thinkable. These hyperlinks are
not expressed or implied endorsements or approvals by Thinkable of any products,
services or information available from these third-party sites.
All content from these links or sites is the sole responsibility of those third parties,
and Thinkable is not responsible for the accuracy or details of those third-party sites.
Any information published by Thinkable pertaining to these sites or services is
believed to be accurate at the time of publication but should be verified
independent of this Website.
THINKABLE MAY RECEIVE A FEE AND/OR OTHER COMPENSATION ON SOME
CLICKS OR PURCHASES MADE ON OR LINKED THROUGH THIS WEBSITE, THROUGH
AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN
LINKS ON OUR SITE, EMAILS OR NEWSLETTERS, OR (ii) PURCHASE A PRODUCT OR
SERVICE AFTER CLICKING A LINK.Thinkable does not directly sell or license any of the products related to the third-
party websites or links, and Thinkable disclaims any responsibility for or liabilityrelated to them. Thinkable does not supervise contact between Users and third
parties. Information you share with third party websites should be limited consistent
with our Privacy Policy, and Thinkable is not responsible for financial or payment
details based on any activity between the User and a third party.
8. Compliance with Laws.
You agree to comply with all applicable laws regarding
your use of the Website. You further agreed that information provided by you is
truthful and accurate to the best of your knowledge.
Users agree not to: (a) upload, post, email, transmit or otherwise make available any
content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate
any person or entity, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity; (d) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any content transmitted through the
Website; (e) upload, post or otherwise make available any content that you do not
have a right to make available 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); (f) upload, post or otherwise make available any content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights of any
party; (g) upload, post 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 or
telecommunications equipment; (h) interfere with or disrupt the Website or servers
or networks connected to the Website.
Thinkable reserves the right to suspend or delete your account if you fail to comply
with any of the provisions of this Agreement.
9. Indemnification.
You agree to indemnify, defend and hold Thinkable and our
partners, employees, and affiliates, harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
10. Disclaimer.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
THINKABLE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES
NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO
YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE
SHALL BE TO DISCONTINUE USING THE SITE.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL thinkable BE
LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS,
LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE
SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THIS INCLUDES ANY POTENTIAL DAMAGES ARISING FROM
CONTACT WITH OTHER PARTIES THROUGH THIS SITE. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR
SITE USE.
You may have additional rights under certain laws (including consumer laws) which
do not allow the exclusion of implied warranties, or the exclusion or limitation of
certain damages. If these laws apply to you, the exclusions or limitations in this
Agreement that directly conflict with such laws may not apply to you.
12. Use of Information.
Thinkable reserves the right, and you authorize us, to use
and assign all information regarding site uses by you and all information provided by
you in any manner consistent with our Privacy Policy.
13. Copyrights and Copyright Agent.
If you believe your work has been copied in a
way that constitutes copyright infringement, or your intellectual property rights
have otherwise been violated, please provide a notice containing all of the following
information via email.
(a) An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the
Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf.
14. Applicable Law.
You agree that the laws of the European Union, without regard
to conflicts of laws provisions, will govern these Terms and Condition and any
dispute that may arise between you and Thinkable or its affiliates. You also agree
that the courts of the European Union will have sole and exclusive jurisdiction to
hear or determine any dispute or controversy arising under or concerning this
Agreement.
15. Severability.
If any provision of this Agreement shall be adjudged by any court of
competent jurisdiction to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect.
16. Waiver.
The failure of Thinkable to exercise or enforce any right or provision of
this Agreement shall not operate as a waiver of such right or provision. Any waiver of
this Agreement by Thinkable must be in writing and signed by an authorized
representative of Thinkable.
17. Termination.
Thinkable may terminate this Agreement at any time, with or
without notice, for any reason.
18. Relationship of the Parties.
Nothing contained in this Agreement or your use of
the Site shall be construed to constitute either party as a partner, joint venture,
employee or agent of the other party, nor shall either party hold itself out as such.
Neither party has any right or authority to incur, assume or create, in writing or
otherwise, any warranty, liability or other obligation of any kind, express or implied, in
the name of or on behalf of the other party, it being intended by both parties that
each shall remain independent contractors responsible for its own actions.
19. Entire Agreement.
This Terms and Conditions constitutes the entire agreement
between you and Thinkable and governs your use of the Site, and supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between you and Thinkable] with respect to this Site. Notwithstanding
the foregoing, you may also be subject to additional terms and conditions, posted
policies (including but not limited to the Privacy Policy), guidelines, or rules that may
apply when you use the Website. Thinkable may revise this Terms and Conditions at
any time by updating this Agreement and posting it on the Site. Accordingly, you
should visit the Site and review the Terms and Conditions periodically to determine if
any changes have been made. Your continued use of the Website after any changes
have been made to the Terms and Conditions signifies and confirms your
acceptance of any such changes or amendments to the Terms and Conditions.