ThinkShare Terms of Use
Last Updated July 10, 2016
For more information or if you have any questions about these terms of use, please contact us at support@ThinkShare.solutions
1. Acceptance of Terms of Use
The following is an agreement (“Agreement”) between you (or “User”) and ThinkShare Technology, Inc. (“ThinkShare”). By visiting, accessing, browsing, subscribing to, or using the ThinkShare.com website (the “Site”) or the services offered by ThinkShare on the Site (collectively, the “Services”), you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site or the Services.
From time to time, ThinkShare may modify this Agreement and post those modifications on the Site. Your use of the Services after any such modification constitutes your acceptance of the modified Agreement.
The material provided in the Services is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Services are controlled and operated by ThinkShare from its offices within the United States. ThinkShare makes no representation that materials in the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
2. Ownership and Proprietary Information
The content and information in the Services is proprietary to ThinkShare. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any materials, information, software, content, products or services obtained from or through the Services.
3. Use Restrictions and Intellectual Property
The Site may contain copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, and graphics, and the entire contents of the Site are protected under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content on this Site in whole or in part. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained on this Site in whole or in part.
You also may not, without ThinkShare’s permission, “mirror” any material contained in the Services on any other server. Any unauthorized use of any content contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify ThinkShare for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you. By submitting material to a public area of this Site, you grant ThinkShare the right to edit, copy, publish and distribute any such material.
ThinkShare or users of the Site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that ThinkShare is not responsible for the content or availability of any such websites.
4. U.S. Government Restricted Rights
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of ThinkShare’s proprietary rights in them.
5. Changes
Information on this Site may be changed or updated without notice. ThinkShare may also make improvements and/or changes to the Site, the Services, or the programs contained therein at any time without notice.
Should you make any changes to your personal information, including, but not limited to your email address, you are responsible for updating your account within forty eight (48) hours of such change.
6. Availability
Information ThinkShare publishes on this Site may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that ThinkShare intends to announce such products, programs or services in your country. Consult ThinkShare for information regarding the products, programs and services which may be available to you.
7. Information “AS IS”
INFORMATION ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY THINKSHARE ON AN “AS IS” BASIS ONLY. THINKSHARE PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. THE INFORMATION PROVIDED ON THIS SITE SHOULD BE USED SOLELY FOR EDUCATIONAL AND RESEARCH PURPOSES. THINKSHARE WILL USE REASONABLE EFFORTS TO MAINTAIN THE SITE AND CORRECT ANY ERRORS THAT OCCUR. YOU AGREE THAT THINKSHARE PROVIDES NO REPRESENTATIONS AND WARRANTIES THAT ACCESS TO THE SITE WILL BE UNIMPEDED AND YOU AGREE THAT ACCESS TO THE SITE MAY BE SUSPENDED IN THE CASE OF TECHNICAL ERRORS, VIRUSES, AND THE LIKE.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THINKSHARE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE CONTENT OFFERED ON THIS SITE, EVEN IF THINKSHARE OR A THINKSHARE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THINKSHARE UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE
9. governing law and dispute resolution
This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Maricopa County, Arizona and the parties irrevocably waive any objection to such venue.
10. Transmissions
Any material, information or
idea you transmit to or post on this Site by any means may be disseminated or
used by ThinkShare or its affiliates for any purpose whatsoever, including, but
not limited to, academic research. You agree and acknowledge that you shall not
share, copy, disseminate, distribute, or otherwise use the content posted by
another user through the Services or on this Site without the prior written
permission of such user. Notwithstanding the foregoing, all personal data
provided to ThinkShare will be handled in accordance with ThinkShare’s Privacy Policy
https://thinkshare.technology/legal/PrivacyPolicy.htm
[INSERT LINK].
You are prohibited from posting or transmitting to or from the
Site any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material, or any other material that
could give rise to any civil or criminal liability under the law.
11. End User Communications
ThinkShare, at any time now or in the future, may allow you and other end users to use the Services or this Site to express opinions, participate in challenges, share research and projects, and otherwise communicate through comments, discussion groups, or other communication facilities that may be offered in or through the Services from time to time (collectively “Communities”). In the event of the existence of such Communities, ThinkShare shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by ThinkShare, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, ThinkShare shall also have the right, but not the obligation, to remove any material from the Communities that ThinkShare, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of ThinkShare.
By posting any materials, feedback, or other information on or through the Communities, you grant ThinkShare a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.
The Services may contain links to websites maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.
12. Revisions to this Agreement
ThinkShare may at any time revise this Agreement by updating this posting on this Site. By using this Site and the Services you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
13. Digital Millennium Copyright Act (“DMCA”) Notice.
In the event materials are made available in the Services by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. 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 us to locate the material;
iv. Information reasonably sufficient to permit us 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;
v. 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
vi. 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.
All DMCA notices should be sent to our designated agent as follows:
Garland Brown
Weiss Brown
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85250
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.