Following is a legal document known as thinaire’s terms of service. It exists to make sure everyone on the service is properly protected. We have added some pull-out quotes that turn the legalese in plain English. This document is effective as of March 21st, 2016 and was last updated on March 21st, 2016.
I. Introduction and Eligibility
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly.
These Terms constitute a binding agreement between you and Thinaire, Inc. and its affiliates and subsidiaries (“thinaire,” “we,” “us”). “The Service” shall mean any services provided by Thinaire, Inc. “You” and “users” shall mean all visitors to the thinaire services. You accept these Terms each time you access the thinaire Service or thinaire.net. If you do not accept these Terms, you must not use the thinaire Service or thinaire.net.
Revisions to Terms
We may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.
Sorry but we can’t yet have kids on the service. If you’re under 13, we love you and all that but haven’t figured out a way to keep it legal for you to use thinaire.
No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE PLEASE DO NOT USE OR ACCESS The Service AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the thinaire Service.
The terms “post” or “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Service.
II.The thinaire Service
The thinaire Service (or “the Service”) means any website, mobile application, software, or Internet service under thinaire’s control, whether partial or otherwise, and whether offered directly or through a third party, in connection with providing the services provided by thinaire. The Service provides a platform that allows anyone to track media coming from television, beacons, NFC, QR code, associate campaigns to that media, and get relevant analytics on that data.
Our services are subscription based.
You may be able to sign up for a subscription on thinaire. When you sign up for the subscription, you agree to the pricing and other fees associated with the subscription. You may terminate the subscription at any time, but thinaire will not refund any payments you have made. If thinaire changes the subscription policies, you will have the option to terminate your subscription. If your payment method does not work when the subscription payment is due, thinaire reserves the right, but is not required, to terminate your subscription. We may deny or terminate any subscription at our discretion.
You may be charged fees by our payment processors. All purchases are final; there are no refunds.
Fees Charged by Third-Party Payment Processors
The service uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and thinaire is not responsible for any fees charged by them. Thinaire disclaims all liability with regards to any fees or problems you have with third-party payment processors.
thinaire will not refund your payments for a subscription or any services offered on the thinaire platform.
United States Dollars
All monetary transactions take place in U.S. dollars.
We don’t like SMS spam and will only send you text messages relating to thinaire. We will stop sending text messages at your request.
You may access some aspects of the Service using text messages. By registering, providing your telephone number, and choosing to participate in activities that use text message on the Service, you agree to receive these text messages. The Service may send you text messages related to the activities you selected.
You may suspend text messages in multiple ways. You may close your account or change your preference using the Service. You may also use our API to disassociate your number from your account. thinaire does not charge a fee for text messages, however, standard messaging, data, and other fees may be charged by your wireless service carrier. thinaire is not responsible for those changes.
We send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. thinaire is not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
III. Account Creation
You agree that if you create an account and use the Service on behalf of a business entity (e.g., corporation, partnership, limited liability company, etc.), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts.
thinaire may communicate with you by email or posting notice on the thinaire Service. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service related purposes.
By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at TOS@thinaire.net.
VI. Thinaire’s Content Ownership and Use
You cannot use our logo for business purposes without our written permission.
Thinaire, the thinaire logo, and other thinaire logos and product and service names are or may be trademarks of thinaire (the “thinaire Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use for any business purpose the thinaire Marks.
VII. Intellectual Property Rights and Your License to Use
You, or the people who allow you to use their content, own all of the content you post using the Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.
It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
Thinaire Claims No Ownership
The Service may provide you with the ability to create and manage marketing campaigns (“Your User Content”). Thinaire claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
You Must Have Rights to the Content You Post
You represent and warrant that: (i) you own the content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Service.
The Service may contain content from users and other Thinaire licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service.
VIII. Copyright Policy
Tell us if you think a user has violated your copyright using the Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send Thinaire a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- 2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
- 3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Thinaire to locate the material on the Service;
- 4. Your name, address, telephone number, and email address (if available);
- 5. 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; and
- 6. 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Thinaire a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to Thinaire, DMCA Takedown dept.,One Penn Plaza, Suite 2010, New York, NY 10119 ([dmca @ thinaire.net]). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
IX. Suggestions and Submissions
You know that great idea you have for us: Please don’t send it (the law makes it hard for us to read them.) If you do, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that we do not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While we value your feedback on its services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send us creative ideas, we:
- 1. Shall own, exclusively, all now known or later discovered rights to the creative ideas;
- 2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- 3. Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
X. User Content Disclaimers, Limitations, and Prohibitions
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third parties or third-party service providers will be at your own risk.
A. Prohibited Thinaire Service Uses
You know the jerk that does bad stuff on Thinaire, tries to break it, or steal our hard work. Don’t be that guy.
You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Thinaire Service are prohibited. You may not:
- 1. Aggregate, copy, or duplicate any Thinaire Content;
- 2. Use data mining, robots, or other data gathering devices on the Service;
- 3. Remove, disable, damage, circumvent, or otherwise interfere with the security of the Service;
- 4. Interfere or attempt to interfere with the proper working of the Service;
- 5. Gain unauthorized access to the Service or computers linked to the Service;
- 6. Attempt to reverse engineer, or reverse engineer the Service;
- 7. Frame or link to the Service without permission;
- 8. Attempt to submit, or submit a virus to the Service;
- 9. Take any action imposing an unreasonable or disproportionately large load on Thinaire’s infrastructure;
- 10. Intercept, examine, or otherwise observe any proprietary communications with the Service or facilitate, create, or maintain any unauthorized connection to the Service;
- 11. Use, design, or assist in using or designing cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service;
- 12. Attempt to or obtain unauthorized access to other users’ accounts;
- 13. Sell, transfer, or assign any of your rights to use Service to a third party without our express written consent;
- 14. Use an account that has been sold, transferred, or assigned to you from a Service user without our express written consent;
- 15. Use the Service in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to Thinaire or others;
- 16. Use the Service to send repetitious emails, telephone calls, or other communications;
- 17. Use the Service for transactions involving illegal activities, marketing or advertising, or what Thinaire reasonably believes to be potentially fraudulent activity;
- 18. Use the Service in an illegal way or to commit an illegal act;
- 19. Access the Service from a jurisdiction where it is illegal, unauthorized, or penalized;
- 20. Create multiple registrations, whether fraudulently, falsely, unlawfully, legitimate, or lawfully, without Thinaire’s prior consent;
- 21. Control an account if another account controlled by you has performed these activities or otherwise breached these Terms resulting in account suspension or termination; or
- 22. Operate any “games of chance” or other games that could be considered gambling under applicable law.
B. Prohibition of Certain User-Provided Information
Please act appropriately when you use the Service, and do not try to sell our users anything other than your own Content.
You are solely responsible for your User Content on the Service. Thinaire does not endorse any, nor is it responsible for, User Content on the Service. You assume all risks associated with your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
The following requirements apply to Your User Content. You may not:
- 1. post information on behalf of another person or entity without their consent;
- 2. post incomplete, false, or misleading information in a user profile, impersonate another person, or misrepresent your affiliation with a person or entity;
- 3. post information that is false, deceptive, misleading, deceitful, or misinformative;
- 4. harass, incite others to harass, advocate harassment, or post any unlawful, harmful, defamatory, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material;
- 5. disclose personal information about another person;
- 6. post links, advertisements, or other content from competitors’ websites; or
- 7. post any franchise, pyramid scheme, or similar information.
XI. Consequences of Violating These Terms
If you don’t follow the rule, we might have to turn your account off. That would really suck.
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. Perpetual licenses granted by you to Thinaire remain in full force and effect; however the limited license to your username, or other content available on the Service will terminate without liability to us.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
XII. Thinaire’s Liability
We are not liable for anything our users do when using the Service. We may also change the Service at any time and are not liable for how this may affect you. We cannot guarantee the quality or accuracy of any content you view using the Service or other websites.
Changes to the Service
We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Thinaire of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including inventory availability at local businesses. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaims all liability of specific results from the use of the Service.
Released Parties Defined
“Released Parties” include Thinaire and its affiliates, officers, employees, agents, partners, and licensors.
DISCLAIMER OF WARRANTIES
You use the Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) THE CURRENCY HAS ANY VALUE, AND (vi) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THINAIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF THINAIRE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Thinaire Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XIII. General Terms
These Terms constitute the entire agreement between you and Thinaire concerning your use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
XIV. Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service.
These Terms and the relationship between you and Thinaire shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and Thinaire agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York county in the state of New York. You covenant not to sue Thinaire in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.