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Thinaire’s leadership in growing the Multimillion Dollar Ecoupon Market

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Patents

Implementations of Thinaire® products and services enabling radio frequency mobile consumer engagement for advertising, marketing, and commerce are the subject matter of Thinaire’s numerous issued patents, including US Patent #’s: 7739150, 7991644, 8315914, 8788360, 8788362, 8788363, 8781911, 9811852, 9747615, 9747612, 10540687,10762555

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Implementations of Thinaire® products and services enabling radio frequency mobile consumer engagement for advertising, marketing, and commerce are the subject matter of Thinaire’s numerous issued patents, including US Patent #’s: 7739150, 7991644, 8315914, 8788360, 8788362, 8788363, 8781911, 9811852, 9747615, 9747612, 10540687, 10762555, 11210698, 10896460

Who is Thinaire?

Thinaire™ Transmedia Network, Inc. (“Thinaire”) provides a secure cloud-based platform which enables brands, marketers, retailers, and others (our “Clients”) to create and deliver unique mobile engagement experiences to their customers. These experiences allow consumers to interact with the brands, retailers and causes they care about simply by placing their mobile devices in proximity to advertising media and real-world objects that have been embedded with NFC tags or by interacting with advertisements using other engagement technologies such as QR codes, SMS text, or Bluetooth Low Energy.

Scope

This Thinaire privacy policy (the “Privacy Policy”) is intended to inform you of our policies and practices regarding the collection, use and disclosure of any information you submit to us through the Thinaire Transmedia Network and http://www.thinaire.net. This includes “Personal Information,” which is information about you that is personally identifiable such as your name, e-mail address, cellular telephone number and other non-public information that is associated with the foregoing, as well as “Anonymous Information,” which is information that is not associated with or linked to your Personal Information and does not permit the identification of individual persons.

Thinaire complies with the U.S.–E.U. Safe Harbor framework and the U.S.–Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Thinaire has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Thinaire™ certification, please visithttp://www.export.gov/safeharbor User Consent

By accessing or otherwise using Thinaire, you agree to the terms and conditions of this Privacy Policy, which is incorporated into and forms a part of the Thinaire terms of service (“Terms”). You expressly consent to the processing of your Personal Information and Anonymous Information according to this Privacy Policy.

Information Collected Via Anonymous Connection

When you first use Thinaire from your mobile phone, you will be connected to the Thinaire web servers via web client. This web client will collect certain information, including IP address, phone manufacturer, mobile operating system, browser information and HTML5 geolocation if you choose to provide permission. You may opt-out of location based services at any time by editing the setting at the device level or by emailing us atuserhelp@thinaire.net. We use location based information for the purpose of reporting to our clients on marketing media performance and for market research; to improve the Thinaire level of service; and to be better able to deliver to you relevant information which enhances the quality and value of your mobile engagement experience. We will only share this information with our clients and their authorized agents and Thinaire partners and affiliates.

Personal Information That You Provide

In general, we collect Personal Information that you submit to us voluntarily through the Thinaire mobile engagement experiences. We also collect information that you submit in the process of creating or editing your account and user profile on Thinaire. For example, our registration and login process requires you to provide us with your name, valid email address and password of your choice. When you personalize your profile and use the features of Thinaire, we will collect any information you voluntarily provide, and we may also request optional information to support your use of Thinaire, such as your ethnicity, gender and other demographic information. We collect information in the form of the content that you engage with during your use of Thinaire, such as products you are interested in, product promotions, requests for coupons, social sharing of product information, promotions and coupon offers, ratings and other information you generate as you use and engage with products and brands on Thinaire. We may also collect information about you and your friends who use Thinaire, from any social network you may have connected from, in order to provide you with a more personalized experience. For instance, we may collect your user ID or profile information that you have permitted to be displayed through Thinaire in order to display you as a friend or in association with your profile and collections. Additionally, we collect any information that you voluntarily enter, including Personal Information, into any postings, comments, or forums within the Thinaire community.

Email And Email Addresses

If you send an email to us, or fill out our “Request for Info” form through Thinaire, we will collect your email address and the full content of your email and other information you provide. We may use and display your full name and email address when you send an email notification to a friend through Thinaire or the social network from which you have connected to Thinaire (such as in an invitation, or when sharing your content).

Content provided by or hosted by Third Party

The content we send to you may originate from other sites or online resources maintained or operated by third parties. We do not control such third parties and are not responsible for the privacy practices or the content of such sites or resources. We encourage you to read the privacy policies of any such sites or resources as their privacy policies and practices may differ from our policies and practices.

Use and Disclosure of Information

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share for marketing purposes the Personal Information that we collect with third parties, unless you ask or authorize us to do so. In general, Personal Information you submit to us is used by us to provide you access to Thinaire, to improve Thinaire, to better tailor the features, performance, and support of Thinaire and to offer you additional information, opportunities, promotions and functionality from us, at your request. We may provide your Personal Information to companies that provide services to help us with our business activities. These companies are authorized to use your Personal Information only as necessary to provide these services to us. Additionally, we do share your content preferences and other information with the social network with which you have connected to Thinaire, along with those companies and persons you have asked us to share your information with. If you do not want us to use or disclose Personal Information collected about you in the manner identified in this Privacy Policy, you may not use Thinaire. Additionally, we may create Anonymous Information records from Personal Information by excluding information (such as your name) that would otherwise make the Anonymous Information personally identifiable to you. Generally, we aggregate this information and use it in statistical analysis to help us analyze patterns in the use of Thinaire. This Privacy Policy does not limit our use or disclosure of any Anonymous Information in any way, and we reserve the right to use and disclose Anonymous Information to our partners, advertisers and other third parties at our discretion. We may share some or all of your Personal Information with Thinaire affiliated and group companies that are under a common control, so that they may send daily deal emails to you, in which case we will require them to honor this Privacy Policy. Some of those companies may be located in countries that do not require an equivalent or greater level of protection of Personal Information. In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s assets may continue to process your Personal Information as set forth in this Privacy Policy. We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend our rights or property, you, or third parties. You hereby consent to us sharing your Personal Information under the circumstances described herein.

Tracking Technologies

We never associate your name or likeness with the information we collect without your permission. We use a non-personally identifiable means (“cookies”) to collect and store your Anonymous Information. Cookies are small text files that contain a string of characters that uniquely identify your device without your personal info. We use both session ID cookies and persistent cookies. We use session ID cookies to make it easier for you to navigate the mobile experience. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. We set a persistent cookie to store your passwords, so you don’t have to enter them more than once. Persistent cookies also enable us to track and target your interests to enhance your experience. Most browsers, including mobile browsers, are initially set up to accept cookies. You may, however, be able to change your browser settings to cause your browser to refuse third-party cookies or to indicate when a third-party cookie is being sent. Check your browser’s “help” files to learn more about handling cookies on your browser. If you reject cookies, you may still use the Thinaire Transmedia Network, but your ability to use some functions or interact with certain experiences, such as account management or surveys, will be limited.

The Ability Of Others To View Your Information

Helping you to protect your information is a vital part of our mission. It is up to you to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. You understand that when you use Thinaire, certain information you post or provide through Thinaire, such as your name, profile, comments, collections and likes, may be shared with other users and posted on publicly available portions of Thinaire, including without limitation, social media applications and other public for a in which you choose to participate. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through Thinaire, this information may become publicly available and may be collected and used by others, including people outside the Thinaire community. We will not have any obligations with respect to any information that you post to parts of Thinaire available to others, and recommend that you use caution when giving out Personal Information to others through social media networks or otherwise.

Social Media Features and Widgets

Thinaire Transmedia Network services and website include social media features, such as the Facebook Like button and widgets. These features may collect your IP address, which mobile experience you are viewing or page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our platform. Your interactions with these features are governed by the Privacy Policy of the company providing it.

Links to Other Web Sites

The mobile experiences delivered by Thinaire and our website may include links to Client or other web sites whose privacy practices may differ from those of Thinaire. If you submit Personal Information to any of these other sites, your information is governed by their privacy policy. We encourage you to carefully read the privacy policy of any web site, including mobile websites, you visit.

Your Choices Regarding Your Personal Information

We offer you choices regarding the collection, use, and sharing of your Personal Information. You have a right at any time to stop us from contacting you for marketing purposes. If you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly atuserhelp@thinaire.net. Despite your indicated email marketing preferences, we may send you administrative emails regarding Thinaire, including, for example, administrative and transaction confirmations, and notices of updates to our Privacy Policy if we choose to provide such notices to you in this manner. You have the right to request a copy of the Personal Information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us at userhelp@thinaire.net. We may charge a reasonable fee for this service. We want to make sure that your information is accurate and up-to-date. You may ask us to correct or remove information which you think is inaccurate. You may change any of your profile information by editing it in the profile settings page.

We will retain your personal and location based information for as long as your account is active or as needed to provide your services. Please contact us if you wish to cancel your account or request that we no longer use your information to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Feedback

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy. You agree that any such comments and any email we receive becomes our property. We may use feedback for marketing purposes or to add to or modify our services without paying any royalties or other compensation to you.

Security

We are committed to protecting the security of your Personal Information, location based information and the information that is collected through the Thinaire Transmedia Network. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information.

Contact Us

If you have any questions or suggestions regarding this Privacy Policy or our practices regarding Personal Information, if you wish further information, if you wish access to your Personal Information, if you wish to cancel your account or request that we no longer use your information to provide you services, or if you wish to delete, modify or correct your Personal Information, please contact our privacy officer at privacy@thinaire.net. You may also write to us at: Thinaire Transmedia Network, Inc, One Penn Plaza, Suite 2010, New York, NY 10119 . We will respond to any requests for access to personal information within 30 days.

Updates to the Policy

This Privacy Policy is subject to occasional revision at our discretion, and if we make any substantial changes in the way we use your Personal Information, we will post an alert on this page or may otherwise post an alert on the Thinaire homepage prior to the change becoming effective. If you object to any such changes, you must cease using Thinaire. Continued use of Thinaire following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms of such changes.

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

Please read these Terms of Use (“Terms”) carefully before using the thinaire Service.

These Terms include thinaire’s Privacy Policy, which is incorporated by reference into these Terms.  When you access any thinaire services through software, these Terms also incorporate the End User License Agreement (EULA) provided with such software.  We have included several annotations in boxes to help explain the legal jargon and emphasize key sections.  These annotations are for convenience only and have no legal or contractual effect.

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.

Binding Agreement

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. 

Children

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.

Subscriptions

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.

No Refunds

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.

Text Messages

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.

V. Communications 

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.

Electronic Notices

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 Marks

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.

User Disputes

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.

Content Accuracy

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.

Third-Party Websites

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.

[TOS @ thinaire.net]