|
Welcome to the ThanksMuch® website located at www.ThanksMuch.com (the "Website"). The Website is brought to you by ThanksMuch® ("ThanksMuch®," "we" or "us"), a Traffix, Inc. ("Traffix") property. By using and/or accessing the Website and/or the ThanksMuch® online service (the "Service"), you are agreeing to comply with, and be bound by, the following terms and conditions (the "Agreement"). Please review the following Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Website and/or Service in any manner or form, whatsoever.
1. Acceptance of Agreement. This Agreement constitutes the entire agreement between you and ThanksMuch® and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website and/or Service. ThanksMuch® may, from time to time, modify this Agreement and will post a copy of the amended Agreement on its website. If you do not agree to the amended Agreement, your only remedy is to stop using the Website and/or Service or, if applicable, cancel your ThanksMuch® membership ("Membership"). The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website and/or Service. By your continued use of the Website and/or Service, you hereby agree to all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this webpage for any updates and/or changes.
2. The Service. The Service allows you to view video clips and read articles about a variety of subjects. The Website, Service and Video Content are made available to you only for your own personal, non-commercial use.
3. License Grant. As a visitor to the Website and/or member of the Service, you are granted a limited, non-exclusive, non-transferable license to access and use the Website (and its associated content) and/or Service in accordance with this Agreement. ThanksMuch® may terminate this license at any time for any reason, whatsoever. No part of the Website and/or Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and/or Service, Website content or any portion thereof. ThanksMuch® reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Service. You may not take any action that imposes an unreasonable or disproportionately large load on the ThanksMuch® infrastructure. As a Website visitor, your limited license is provided solely for access to the Website in order to obtain information about ThanksMuch®.
ThanksMuch® visitors may view video clips and read articles. The video and written content are owned by ThanksMuch® and/or its licensors, as applicable, and are protected by applicable intellectual property laws. You agree that the intellectual property right holders that license their musical content to ThanksMuch® for access through the Service are intended third-party beneficiaries under this Agreement, and thereby possess the right to enforce the provisions of this Agreement that directly affect their intellectual property. You understand that your use of the service is subject to this limited license, as set forth herein. You may not permit any video clip viewed by you, to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, whatsoever. You agree to advise ThanksMuch® promptly of any such unauthorized use(s).
Video clips consist of copyrighted and/or other proprietary subject matter and this Agreement, and all other applicable laws, rules and regulations, govern your use of these video clips.
All rights not expressly granted to you in this Agreement are reserved by ThanksMuch® and/or its licensors.
ThanksMuch® may, at any time, lose its licensing rights to make certain video clips available on the Service. In that event, you will no longer be able to view these video clips from the Service.
4. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website and/or Service is protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website and/or Service is strictly prohibited. You do not acquire ownership rights to any video clips, content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website and/or Service.
5. Modifications, Changes to Website and Service. ThanksMuch® reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website and/or Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.
6. Privacy Policy. Use of the Website and/or Services is subject to our Privacy Policy, which is hereby incorporated into, and made part of, this Agreement. We reserve the right, and you authorize us, to use information regarding your Website and/or Service use and any and all other personal information provided by you in any manner consistent with our Privacy Policy.
For additional information regarding ThanksMuch®' use of information collected please refer to ThanksMuch®' Privacy Policy.
7. Allegations of Infringement. If ThanksMuch® receives a notice alleging that you have engaged in behavior that infringes upon the intellectual property rights of ThanksMuch® and/or a third party, or reasonably suspects the same, ThanksMuch® may suspend your use of the service without notice to you.
8. Third Party Websites. The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because ThanksMuch® has no control over such third party websites and/or resources, you hereby acknowledge and agree that ThanksMuch® is not responsible for the availability of such third party websites and/or resources. Furthermore, ThanksMuch® does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
9. Injunctive Relief. You agree that any unauthorized use of the Website, Service and /or Video clips would result in irreparable injury to ThanksMuch® and/or its affiliates or licensors for which money damages would be inadequate. In such event ThanksMuch®, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that ThanksMuch®, its affiliates and/or licensors may have under separate legal authority.
10. Indemnification. You agree to indemnify, defend and hold ThanksMuch®, Traffix, and their parents and subsidiaries, and each of their respective executives, officers, directors, employees, agents and attorneys, harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys' fees) arising from or related to: 1) your breach of any provision of this Agreement; 2) your use of the Website and/or Service, in any manner whatsoever; and 3) any unauthorized use of your Membership.
11. Termination. ThanksMuch® may, in its sole discretion, terminate this Agreement without notice to you, in the event that you breach (or ThanksMuch® reasonably suspects, in its sole discretion, that you have breached) any provision of this Agreement. If ThanksMuch® terminates this Agreement, ThanksMuch® shall have no liability or responsibility to you.
12. DISCLAIMERS. THE WEBSITE, SERVICE AND ASSOCIATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE, SERVICE AND/OR ASSOCIATED CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ThanksMuch® AND TRAFFIX HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICE AND ASSOCIATED CONTENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ThanksMuch® AND TRAFFIX ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ThanksMuch® AND YOU. THE WEBSITE, SERVICE AND ASSOCIATED CONTENT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE AND/OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES AND/OR WORMS CONTAINED WITHIN A DIGITAL FILE AVAILABLE AT THE WEBSITE AND/OR THROUGH THE SERVICE IS EXPRESSLY DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY VIDEOCLIP ACCESSED THROUGH THE USE OF THE WEBSITE AND/OR SERVICE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE VIEWING OF ANY SUCH MATERIAL. WE MAKE NO WARRANTY THAT ANY PARTICULAR COMPUTER WILL BE COMPATIBLE WITH VIDEOCLIPS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SYSTEM(S) WILL FUNCTION CORRECTLY WITH VIDEOCLIPS.
UNDER NO CIRCUMSTANCES SHALL ANY THANKSMUCH OR TRAFFIX ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF THE WEBSITE AND/OR VIDEOCLIPS. NOTWITHSTANDING THE FOREGOING, ThanksMuch® AND TRAFFIX SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND/OR SERVICE. CERTAIN JURSDICTIONS AND/OR LAWS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER SUCH LAWS.
13. Other Restrictions. The Website and/or Service is available only to individuals who can enter into legally binding contracts under applicable law. However, the Website and/or Service is not intended for use by individuals under the age of 13. If you are under the age of 13, you do not have authorization to use the Website and/or Service. If you are under the age of 18, you must receive your parent's or legal guardian's authorization before using the Website and/or Service. You understand and acknowledge that you may not register for, access, or use the Website and/or Service from countries other than these jurisdictions. You agree to abide by the applicable United States export control laws and any other applicable laws, rules and/or regulations with respect to the Service and Download Titles.
14. Online Content/Conduct. As a website user, you agree that you are solely responsible for the content and/or information that you upload, publish, transmit and/or post in connection with the Service and/or Website. You agree to use the Website and Service in a manner consistent with any and all applicable laws, rules and regulations and with the highest regard to the intellectual property rights of any and all intellectual property holders, ThanksMuch® and its licensors.
In connection with User Submissions, you agree that you will not: (i) submit material that is 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 their rightful owner to post the material and to grant ThanksMuch®all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ThanksMuch®or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. ThanksMuch®does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ThanksMuch®expressly disclaims any and all liability in connection with User Submissions. ThanksMuch®does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ThanksMuch®will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ThanksMuch®reserves the right to remove Content and User Submissions without prior notice. ThanksMuch®will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. ThanksMuch®also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ThanksMuch® may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You further agree that you are solely responsible for the content and/or information that you upload, publish, transmit and/or post in connection with the Service and/or Website. You agree to use the Website and Service in a manner consistent with any and all applicable laws, rules and regulations and with the highest regard to the intellectual property rights of any and all intellectual property holders, ThanksMuch®and its licensors.
.
In addition, without limitation, you agree not to:
- Use the Service and/or Website to infringe upon any intellectual property right, or any other right, of a third party;
- Impersonate any other person or entity;
- Circumvent, or attempt to circumvent, any security and/or payment mechanism implemented in connection with the Service and/or Website;
- "Stalk", intimidate, annoy, abuse or otherwise harass any person via the Service and/or Website;
- Engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service and/or Website;
- Transmit any chain letters, "spam" or junk e-mail to or through the Service and/or Website;
- Express or imply that any statements you make are endorsed by ThanksMuch®;
- Harvest or collect personal information about other Members whether or not for commercial purposes;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service and/or Website;
- Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
- Remove any copyright, trademark or other proprietary rights or notices contained in association with any content;
- Interfere with or disrupt the Website and/or Service or the servers and/or networks connected to the Website and/or Service;
- Post, e-mail or otherwise transmit any content 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;
- "Frame" or "mirror" any part of the Website or Service; and/or
- Use metatags or code or other devices containing any reference to ThanksMuch® or the Website or Service in order to direct any person to any other website for any purpose.
ThanksMuch® reserves the right, but has no obligation, to reject any content that does not comply with these prohibitions or for any reason at all. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of this Agreement and may result in termination of your use, in the sole discretion of ThanksMuch®, pursuant to the terms of this Agreement. ThanksMuch® reserves the right to pursue any and all legal remedies against individuals who engage in the aforementioned prohibited conduct. .
15. User Disputes. ThanksMuch® has no obligation to control the content provided by other Members that are made available through our system. You may find other Member's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Website. You are solely responsible for your interactions with other Members. Because ThanksMuch® is not directly involved in user interactions, in the event that you have a dispute with one or more members or those who have posted, viewed or used information on the Website, you hereby release ThanksMuch® from any and all claims, demands and damages (actual, indirect and/or otherwise consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or arising out of your use of the Website and/or Services. ThanksMuch® reserves the right, but has no obligation, to monitor disputes between you and other Members.
16. Copyright Policy. ThanksMuch® respects the intellectual property of others, and we ask our users to do the same. ThanksMuch® may, in appropriate circumstances and at its discretion, disable and/or terminate use of the service by those who may be infringing upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated at the Website and/or Service, please provide ThanksMuch® copyright agent with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, in the case of multiple copyrighted works, a representative list of such works.
- 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 ThanksMuch® to locate the material.
- Information reasonably sufficient to permit ThanksMuch® to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
- A statement that you have 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.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the requested information to: |
