THIS AGREEMENT SETS
LEGALLY BINDING TERMS BETWEEN 10,000 Thoughts, LLC. ("10,000
Thoughts"), THE OWNER OF 10000Thoughts.com
("10000Thoughts.com"), AND YOU, FOR YOUR USE OF THE 10,000 Thoughts
WEBSITE AND YOUR MEMBERSHIP IN THE SERVICE. BY REGISTRING AND USING THE
10000Thoughts.com WEB SITE YOU AGREE TO ALL THE DECLARATIONS LISTED BELOW AND
TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS. ONCE YOU USE AND/OR
BECOME A MEMBER OF 10000Thoughts.com YOU ARE BOUND BY THE TERMS AND CONDITIONS
OF THIS AGREEMENT. 10000Thoughts.com MAY MODIFY THIS AGREEMENT FROM TIME TO
TIME, WITHOUT NOTIFICATION TO YOU. SUCH MODIFICATION SHALL BE EFFECTIVE UPON
POSTING BY 10,000 Thoughts ON THE WEBSITE. YOU AGREE TO BE BOUND TO ANY CHANGES
TO THIS AGREEMENT WHEN YOU USE THE SERVICE AFTER ANY SUCH MODIFICATION IS
POSTED. IF YOU DO NOT AGREE AND DO NOT ACCEPT THESE TERMS OF USE, DO NOT
REGISTER WITH OF USE 10000Thoughts.com SERVICES.
Description
Of Service
10000Thoughts.com
provides an online service (the "Service"), that permits you to
create, post, email and view intentions, gratitudes, stories, pictures and
other content for the purpose of helping others better their lives and allowing
others to help you better your life - under certain terms and conditions as set
forth in this Agreement.
Age
requirements for use of service
YOU
MUST BE OVER 13 YEARS OLD TO USE THIS SERVICE. If you are 13 or older but under
the age of 18 you should review these terms of use with your parent or guardian
and make sure that you and your parent or guardian understand these terms of
use. Registering and/or participating in 10,000 Thoughts is
confirmation of your age (over 13 years) and your acceptance of the terms
below.
Objectional Material.
You
understand that by using the Service, you may encounter content that may be
deemed offensive, indecent or objectional, which content may or may not be
identified as having explicit language. Nevertheless, you agree to use the
service at your sole risk and that 10,000 Thoughts shall have no liability to
you for content that may be offensive, indecent or objectional.
Intellectual Property.
Acknowledgement of Ownership.
You
agree that the 10,000 Thoughts website and Services, including but not limited
to graphics, text, audio clips, video clips, pictures and editorial content
(collectively, "Materials"), contains proprietary information and
material that is owned by 10,000 Thoughts and/or its licensors, and is
protected by applicable intellectual property and other laws, including but not
limited to copyright, and that you will not use such proprietary information or
materials in any way whatsoever except for use of the Service in compliance
with the terms of this Agreement. No portion of the Service may be reproduced
in any form or by any means. You agree not to modify, rent, lease, loan, sell,
distribute, or create derivative works based on the Service, in any manner, and
you shall not exploit the Service in any unauthorized way whatsoever, including
but not limited to, by trespass or burdening network capacity.
Removal of 10,000 Thoughts Content or Other Materials.
Notwithstanding
any other provision of this Agreement, 10,000 Thoughts and its licensors
reserve the right to change, suspend, remove, or disable access to any
services, content, or other materials comprising a part of the Service at any
time without notice. In no event will 10,000 Thoughts be liable for the removal
of or disabling of access to any such Services, content or materials under this
Agreement. 10,000 Thoughts may also impose limits on the use of or access to
certain features or portions of the Service, in any case and without notice or
liability.
Copyrights.
All
copyrights in and to the Service, including but not limited to,
10000Thoughts.com (including the compilation of content, postings, links to
other Internet resources, and descriptions of those resources), and software,
are owned by 10,000 Thoughts and/or its licensors. THE USE OF THE SOFTWARE OR
ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE
TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES,
INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Information
you provide.
You
agree to:
provide true, current, accurate and complete information as prompted by the
registration form;
maintain and update this
information as required to keep it current, complete and accurate. 10,000
Thoughts retains the right, to investigate and take appropriate legal action,
in its sole discretion, to suspend or terminate your enrollment and rights, at
any time, for any or no reason, with or without prior notice, and without
liability.
User Account and Security.
Account and Password. As a registered user of the Service, you may receive or establish an
account ("Account"). You are solely responsible for maintaining the
confidentiality and security of your Account. You should not reveal your
Account information to anyone else or use anyone else's Account. You are
entirely responsible for all activities that occur on or through your Account,
and you agree to immediately notify 10,000 Thoughts of any unauthorized use of
your Account or any other breach of security. 10,000 Thoughts shall not be responsible
for any losses arising out of the unauthorized use of your Account.
Security.
You understand that the Service, and products purchased through the Service, include a security framework using technology that protects
digital information and limits your usage of Products to certain usage rules
established by 10,000 Thoughts and its licensors ("Usage Rules"). You
agree to comply with such Usage Rules, as further outlined below, and you agree
not to violate or attempt to violate any security components. You agree not to
attempt to, or assist another person to, circumvent,
reverse-engineer, decompile, disassemble, or otherwise tamper with any of the
security components related to such Usage Rules for any reason whatsoever.
Usage Rules may be controlled and monitored by 10,000 Thoughts for compliance
purposes, and 10,000 Thoughts reserves the right to enforce the Usage Rules
with or without notice to you. You shall not access or attempt to access an
Account that you are not authorized to access. You agree not to modify the
software in any manner or form, or to use modified versions of the software,
for any purposes including obtaining unauthorized access to the Service.
Violations of system or network security may result in civil or criminal
liability.
Usage
Rules.
Your
use of the 10000Thoughts.com and its services is conditioned upon your prior
acceptance of the terms of this Agreement.
You
are authorized to use the Services only for personal, noncommercial use. 10,000
Thoughts may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by 10,000 Thoughts management.
Illegal and/or unauthorized use of 10,000 Thoughts will be investigated.
Commercial advertisements, affiliate links, and other forms of solicitation may
be removed from member profiles without notice and may result in termination of
membership privileges. Appropriate legal action will be taken by 10,000
Thoughts for any illegal or unauthorized use of the Website.
You
agree that you will not attempt to, or encourage or assist any other person to,
circumvent or modify any security technology or software that is part of the
Service or used to administer the Usage Rules.
The
delivery of Services does not transfer to you any commercial or promotional use
rights in the Products.
For
the avoidance of any doubt, you hereby agree that under any circumstances,
10,000 Thoughts will not refund any money paid by you to 10,000 Thoughts.
Some
of the Services provided on the site involve the use of email. You hereby
agree that 10,000 Thoughts shall have the right to send you emails based on any
information you have provided 10,000 Thoughts, any information related to the
information you have such provided, or any other information. You hereby agree
that any such email sent by 10,000 Thoughts is not spamming, illegal, or
unsolicited. 10,000 Thoughts WILL PROVIDE YOU WITH THE ABILITY TO “OPT OUT†OF
ANY EMAIL SERVICES AT ANY TIME THROUGH THE WEBSITE and upon “Opting Outâ€,
10,000 Thoughts will make a reasonable effort to stop the “Opted Out†email
service as soon as possible.
You
are solely responsible for your interactions with other 10,000 Thoughts users.
10,000 Thoughts reserves the right, but has no obligation, to monitor disputes
between you and other Members.
You
agree not to transmit through the Service unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature.
You
agree not to transmit any material that may infringe the intellectual property
rights or other rights of third parties, including trademark, copyright trade
secret or the privacy or publicity or other personal rights of others;
You
agree not to promote an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
You
agree not to violate any applicable law or regulation, through the Service,
including but not limited to any American law regarding the transmission of
technical data or software exported from the U.S.A.
You
agree not to attempt to probe, scan or test the vulnerability of a system or
network or to breach security or authentication, measures without proper
authorization, or otherwise interfere with or disrupt networks connected to the
Service or violate the regulations, policies or procedures of such networks;
You
agree not to interfere with another member's use and enjoyment of the Service
or another entity's use and enjoyment of similar services;
You
hereby acknowledge that violations of system or network security may result in
civil or criminal liability. 10,000 Thoughts may investigate occurrences, which
may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in such
violations.
You
agree that your purchase of Products constitutes your acceptance of and
agreement to use such Products solely in accordance with the Usage Rules, and
that any other use of the Products may constitute a copyright infringement. The
security technology is an inseparable part of the Products. The Usage Rules
shall govern your rights with respect to the Products, in addition to any other
terms or rules that may have been established between you and another party.
10,000 Thoughts reserves the right to modify the Usage Rules at any time.
You
acknowledge that some aspects of the Service, Products, and administering of
the Usage Rules entails the ongoing involvement of 10,000 Thoughts.
Accordingly, in the event that 10,000 Thoughts changes any part of the Service
or discontinues the Service, which 10,000 Thoughts may elect to do, you
acknowledge that you may no longer be able to use the services to the same
extent as prior to such change or discontinuation, and that 10,000 Thoughts
shall have no liability to you in such case
The
Service may offer interactive features that allow you to, among things, submit
or post information and materials on areas of the Service accessible and
viewable by other users of the Service and the public. You agree that any use
by you of such features shall be your sole responsibility, shall not infringe
or violate the right of any other, contribute to or encourage unlawful conduct,
or otherwise be obscene, objectionable or in poor taste. Moreover, you hereby
grant 10,000 Thoughts a worldwide, royalty-free, non-exclusive license to use
such materials as part of the Service, and in relation to Services, without any
compensation or obligation to you.
10,000
Thoughts reserves the right not to post or publish any materials, and to
delete, remove or edit any material, at any time in its sole discretion without
liability.
Termination.
Termination by 10,000 Thoughts. If you fail, or 10,000 Thoughts suspects that you have failed, to comply
with any of the provisions of this Agreement, including but not limited to
failure to provide 10,000 Thoughts with accurate and complete Registration
Data, failure to safeguard your Account information, or violation of the Usage
Rules or any license to the software, 10,000 Thoughts, at its sole discretion,
without notice to you may: (i) terminate this Agreement and/or your Account,
and you will remain liable for all amounts due under your Account up to and
including the date of termination; and/or (ii) terminate the license to the
software; and/or (iii) preclude access to the Service (or any part thereof).
Termination of the Service. 10,000 Thoughts reserves the right to modify, suspend, or discontinue the
Service (or any part or content thereof) at any time with or without notice to
you, and 10,000 Thoughts will not be liable to you or to any third party should
it exercise such rights.
General Compliance with Laws.
The
Service is controlled and operated by 10,000 Thoughts, LLC. from
its offices in the United
States. You agree to comply with all local,
state, federal, and national laws, statutes, ordinances, and regulations that
apply to your use of the Service.
Enforcement of These Terms.
10,000
Thoughts reserves the right to take steps it believes are reasonably necessary
or appropriate to enforce and/or verify compliance with any part of this
Agreement (including but not limited to 10,000 Thoughts's right to cooperate
with any legal process relating to your use of the Service and/or Products,
and/or a third party claim that your use of the Service and/or Products is
unlawful and/or infringes such third party's rights). You agree that 10,000
Thoughts has the right, without liability to you, to disclose any Registration
Data and/or Account information to law enforcement authorities, government
officials, and/or a third party, as 10,000 Thoughts believes is reasonably
necessary or appropriate to enforce and/or verify compliance with any part of
this Agreement (including but not limited to 10,000 Thoughts's right to
cooperate with any legal process relating to your use of the Service and/or
Products, and/or a third party claim that your use of the Service and/or
Products is unlawful and/or infringes such third party's rights).
No
Responsibility for Third-Party Materials or Web sites.
Certain
content, Products, and services available via the Service may include materials
from third parties. In addition, 10,000 Thoughts may provide links to certain
third party websites. You acknowledge and agree that 10,000 Thoughts is not
responsible for examining or evaluating the content or accuracy of any such
third-party material or Web sites. 10,000 Thoughts does not warrant or endorse
and does not assume and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or
services of third parties. Links to other websites are provided solely as a
convenience to you.
Disclaimer of Warranties; Liability Limitations.
10,000
Thoughts DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME
10,000 Thoughts MAY REMOVE THE SERVICE TEMPORARILY, OR FOR INDEFINITE PERIODS
OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU
EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE,
THE SERVICE IS AT YOUR SOLE RISK. THE 10,000 Thoughts WEBSITE AND SERVICES
DELIVERED TO YOU ARE (EXCEPT AS EXPRESSLY STATED BY 10,000 Thoughts) PROVIDED
"AS IS" AND "AS AVAILABLE" FOR YOUR USE. 10,000 Thoughts
EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NONINFRINGEMENT. 10,000 Thoughts CANNOT GUARANTEE AND DOES
NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN
NO CASE SHALL 10,000 Thoughts, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE
OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF
THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY
CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, 10,000
Thoughts'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10,000
Thoughts SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU
IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR
SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND 10,000 Thoughts HEREBY
DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO
SUCH INFORMATION IN ANY WAY.
10,000
Thoughts DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM
LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY
INTRUSION, AND 10,000 Thoughts DISCLAIMS ANY LIABILITY RELATING THERETO. YOU
SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
Waiver and Indemnity.
BY
USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD 10,000 Thoughts, ITS
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS
HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS
AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY 10,000 Thoughts AS
PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A
RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS
OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM 10,000
Thoughts, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS,
AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY
INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE
SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED
VIOLATION OR AS A RESULT OF 10,000 Thoughts' CONCLUSION THAT A VIOLATION OF
THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL
VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Changes.
You
hereby agree that 10,000 Thoughts reserves the right, at any time and from time
to time, to update, revise, supplement, and otherwise modify these Terms of Use
and to impose new or additional rules, policies, terms, or conditions on your
use of the Service. Such updates, revisions, supplements, modifications, and
additional rules, policies, terms, and conditions will be effective immediately
upon postage on the 10,000 Thoughts website. Your continued use of 10,000
Thoughts following the changes will be deemed to constitute your acceptance of
any and all such changes.
Governing Law.
If
there is any dispute about or involving 10,000 Thoughts and/or the Services, by
using the Website, you agree that any dispute shall be governed by the laws of
the State of New York without regard to conflict of law provisions and you
agree to personal jurisdiction by and venue in the state and federal courts of
the State of New York, City of New York. Your use of the Service may also be
subject to other local, state, national, or international laws.
Miscellaneous.
This
Agreement is accepted upon your use of the Website and is further affirmed by
you becoming a Member of the Service. This Agreement constitutes the entire
agreement between you and 10,000 Thoughts regarding the use of the Website
and/or the Services and govern your use of the
Service. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content, or third-party
software. If any part of these Terms of Use is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect. 10,000 Thoughts's
failure to exercise or enforce any right or provisions in these Terms of Use
will not operate as a waiver of such provision, or any other provision of these
Terms of Use. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the other provisions will remain in full
force and effect. The section titles in this Agreement are for convenience only
and have no legal or contractual effect. 10,000 Thoughts will not be
responsible for failures to fulfill any obligations due to causes beyond its
control.
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