General Terms and Conditions of Use
This website, including any subsite accessible through the thinkflood.com homepage (the “Site”), is published and maintained by subsidiaries, affiliates, or related entities of ThinkFlood, Inc. (“ThinkFlood”).
WHEN YOU ACCESS, BROWSE, OR USE THIS SITE YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE TERMS AND CONDITIONS SET FORTH BELOW AND ANY ADDITIONAL TERMS AND CONDITIONS OF USE SET FORTH IN ANY SUBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT ACCESS, BROWSE OR USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE.
The Site, and any services provided on the Site, is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms and Conditions of Use”), which terms also incorporates ThinkFlood’s Privacy Policy and Copyright Policy, all other operating rules, policies and procedures that may be published from time to time on the Site by ThinkFlood, each of which is incorporated by reference and each of which may be updated by ThinkFlood from time to time without notice to you. Please note that when you enter any subsite accessible through the homepage or the shopping page of the Site, such subsite may have its own terms and conditions of use which are specific to such subsite.
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, ThinkFlood grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
The Site is directed to persons over the age of 18. Children under the age of 13 must be supervised by a parent or guardian to use the Site or any services provided on the Site.
Registration
You may browse the Site without registering, but as a condition to using certain aspects of the Site, you may be required to register with ThinkFlood and select a password and screen name (“User ID”). You shall provide ThinkFlood with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms and Conditions of Use, which may result in immediate termination of your Site account. You shall not (1) select or use as a User ID a name of another person with the intent to impersonate that person; (2) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (3) use as a User ID a name that is otherwise offensive, vulgar or obscene. ThinkFlood reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Site password. You shall never use another user’s account without such other user’s express permission. You will immediately notify ThinkFlood in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Ownership
All materials on this Site, including but not limited to audio, images, software, text, and video clips (the “Content”), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. In making them available on this Site, ThinkFlood does not grant you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Rules for Forums, Bulletin Boards, and Other User-Supplied Material
This website may have an area which allows you to “chat” or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that (1) interfere with anyone else’s use of the Site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate copyrights or other property rights held by someone else; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site or any subsite within the website.
Responsibility for User-Supplied Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate the law. Although ThinkFlood may from time to time monitor or review bulletin boards, forums, discussions, postings, transmissions, and the like on the Site, ThinkFlood is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. ThinkFlood may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate policies in any way. ThinkFlood willfully cooperates with law enforcement authorities and court orders requesting or directing ThinkFlood to disclose the identity of anyone posting such materials.
ThinkFlood Rights to User-Supplied Material
If you send any communications or materials to the Site by electronic mail, posting on the Site, or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as non-confidential and non-proprietary. By submitting or otherwise disclosing materials of any kind at or the Site, you grant to ThinkFlood, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such materials in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way ThinkFlood uses such material.
Any material submitted to this Site may be adapted, broadcasted, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by ThinkFlood anywhere in the world, in any medium, forever. Furthermore, ThinkFlood is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that ThinkFlood is not obligated to use any such ideas or materials, and you have no rights to compel such use.
By submitting or otherwise disclosing materials of any kind at or the Site, you represent and warrant to ThinkFlood that you own or otherwise control all rights to such content and that disclosure and use of such materials by ThinkFlood (including without limitation, publishing content at the Site) will not infringe or violate the rights of any third party. You agree not to provide ThinkFlood with any confidential or proprietary information that you desire or are required to keep secret.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted. Sending a message to ThinkFlood does not cause ThinkFlood to have any special responsibility to you.
Links
This website may contain links to other Internet sites on the World Wide Web. ThinkFlood provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that ThinkFlood approves of, endorses, or recommends that website. ThinkFlood disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
Contests
This Site may contain contests that offer prizes or that require you to send in material or information about yourself. Each contest has its own rules, which you must read and to which you must agree before you may enter.
Rules for Children
If you are under 18, you should ask your parents or a guardian before you:
- E-mail the Site, or ask us to e-mail anything to you
- Send in any information
- Enter any contest or game that requires information about you or offers a prize
- Join any club or group
- Post any information on any bulletin board or enter any forum, or
- Buy anything online
Availability of Products and Services
The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location.
ThinkFlood Right to Change These Terms and Conditions of Use
ThinkFlood may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. ThinkFlood may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Indemnification
You agree to indemnify, defend, and hold ThinkFlood and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in ThinkFlood defense of any claim. ThinkFlood reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of ThinkFlood.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, THINKFLOOD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THINKFLOOD BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF THINKFLOOD OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THINKFLOOD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00, OR, IF GREATER, THE MINIMUM AMOUNT ALLOWABLE BY LAW.
Termination
You agree that ThinkFlood, in its sole discretion, may terminate your use of the Site and services provide on the Site, and remove and discard any user-supplied material within the Site, for any reason, including, without limitation, for lack of use or if ThinkFlood believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions of Use. ThinkFlood may also in its sole discretion and at any time discontinue providing the Site or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms and Conditions of Use may be affected without prior notice, and acknowledge and agree that ThinkFlood may immediately deactivate or delete your user-supplied material and/or bar any further access to such files, the Site. Further, you agree that ThinkFlood shall not be liable to you or any third-party for any termination of your access to the Site. The Terms and Conditions of Use will continue to apply to your past use of the Site. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to ThinkFlood. Notwithstanding any translation of this Agreement, the English version of this Agreement shall govern and this Agreement shall be interpreted and construed in the English language which is the language of the official text of this Agreement.
General Provisions
These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between ThinkFlood and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Massachusetts, United States of America, without reference to its conflicts of law rules.
Violations
Please report any violations of the Terms and Conditions of Use to admin@thinkflood.com.