Thoughtslinger Terms of Service
Thoughtslinger Corporation ("Thoughtslinger") provides Thoughtslinger.com, a word processing website that allows friends, classmates and co-workers to connect and work together.
This Terms of Service Agreement ("Agreement") is a legally binding agreement between you and Thoughtslinger. This Agreement sets forth the terms and conditions ("Terms") for your use of Thoughtslinger’s website, software and services (collectively the "Services"). The software provided to you by Thoughtslinger as part of the Services is referred to in this document as the "Software".
Please read this Agreement carefully and print a copy or save it. In order to use the Services, you must first agree to the Terms. If you do not accept the Terms, you may not use the Services and you should leave the Thoughtslinger website.
By using the Services, you are agreeing to be bound by the Terms whether you are a "Member" (which means you have signed up with Thoughtslinger) or you are a "Guest" (which means you use the Services without signing up with Thoughtslinger).
You may not use the Services if you are not of legal age to form a binding contract with Thoughtslinger or you are a person barred from receiving services under the laws of Canada or other applicable jurisdictions. If you wish to allow your children access to the Services, you should assist them in signing up with Thoughtslinger and supervise their access to the Services. It is your responsibility to determine whether the Services are appropriate for your child.
1. Your Account and Passwords
1.1 You agree to provide true and accurate information about yourself when you sign up with Thoughtslinger and you agree to maintain your information with Thoughtslinger to keep it current and accurate.
1.2 You understand and agree that you are responsible for maintaining the confidentiality of your password and you agree that you are fully responsible for any activity that occurs under your user name.
1.3 You agree to immediately notify Thoughtslinger of any unauthorized use of your account or password or any other breach of security.
2. Privacy Policy
2.1 Your personal information is subject to Thoughtslinger’s Privacy Policy. For more information, see our full privacy policy at http://www.thoughtslinger.com/privacy.php.
2.2 You understand that through your use of the Services you consent to the collection, use and disclosure of this information, only as permitted by the Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Thoughtslinger and its affiliates in order to provide the Services to you.
3. License
3.1 Subject to the Terms, Thoughtslinger grants you a personal, limited, non-exclusive, non-assignable license to use the Software. The Software is licensed, but is not sold to you. Your license of, use of and access to the Software is conditioned upon your compliance with the Terms.
3.2 You agree that the Software is licensed to you for your personal, non-commercial use only and you agree not to sell, trade, assign, rent, lend, lease, distribute, sublicense or otherwise transfer any part of your rights to use the Software, in whole or in part, in any form to any third party.
4. Proprietary Rights and Ownership
4.1 You acknowledge and agree that Thoughtslinger owns all right, title and interest, for all jurisdictions, in the Services, including all intellectual property in the Services and all copyrights in and to the Software and all copies thereof. Your rights to use the Services are specified in this Agreement and Thoughtslinger reserves all rights not expressly granted to you.
4.2 Thoughtslinger does not claim any ownership rights in any data, text, information, images, messages, or other materials (collectively "Content") that you create, upload, post, or transmit through the use of the Services. However, you grant Thoughtslinger a world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt and display such Content on the Services solely for the purposes of providing and promoting the Services. This licence exists only for as long as you elect to continue to include such Content on the Services and will terminate at the time you remove or Thoughtslinger removes such Content from the Services.
5. Restrictions
5.1 You agree not to reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof.
5.2 You agree not to decipher or in any way discover or obtain the Thoughtslinger communications protocol, and you agree not to decrypt or modify any data transmitted or received through the use of the Services.
5.3 You agree not to alter, merge, modify, translate, adapt or hack the Services, and you agree not to create derivative works based upon the Services.
5.4 You agree not to remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Services.
5.5 You agree not to use the Services in any manner that could impair or interfere with any other individual's use of the Services.
5.6 You agree not to authorize, allow or assist any third party to do any of the things described in this section.
6. Your Conduct
6.1 You agree that you are entirely responsible for any Content that you create, upload, post, or transmit through the use of the Services.
6.2 You understand that Thoughtslinger does not control and cannot be responsible for any Content posted through the use of the Services and you understand that you may be exposed to Content that is offensive, obscene or objectionable. You agree to use the Services at your own risk.
6.3 You agree, in your use of the Services, not to violate any laws in your jurisdiction including but not limited to copyright laws and local laws regarding online conduct and acceptable content.
6.4 You agree not to abuse, harass, threaten, impersonate or intimidate other Thoughtslinger users.
6.5 You agree that you will not use the Services to create, upload, post or transmit: (a) any Content that is unlawful, abusive, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable; (b) any Content that infringes the intellectual property rights of any party; (c) any Content that contains any viruses or worms or any code of a malicious or destructive nature; or (d) any spam or junk mail to any Thoughtslinger members.
6.6 Thoughtslinger may, but has no obligation to, remove Content and accounts containing Content that violate the Terms.
6.7 You consent to Thoughtslinger disclosing your account information and Content if required by law or in the good faith belief that such disclosure is reasonably necessary to respond to claims that any Content violates the rights of any party.
7. Software Updates
7.1 From time to time, your web browser or the Software may automatically download and install upgrades, fixes, patches or new versions of the Software ("Updates") from Thoughtslinger. You agree to receive such Updates and you agree that any such Updates are subject to the Terms.
8. Advertisements
8.1 The Services may be supported by advertising revenue and may display advertisements or promotions. These advertisements may be targeted to the content of information stored on the Services or other information. In consideration for your use of the Services, you agree that Thoughtslinger may display such advertising on the Services.
9. Links to Other Websites
9.1 The Services may include links to other websites or resources, over which Thoughtslinger has no control. You acknowledge and agree that Thoughtslinger is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
9.2 You further acknowledge and agree that Thoughtslinger is not liable, directly or indirectly, for any loss or damage caused by or in connection with use of or reliance on any advertising, products or other materials on or available from such websites or resources.
10. Changes to the Agreement
10.1 Thoughtslinger may modify the Agreement from time to time and such modification shall be effective when posted by Thoughtslinger on the Thoughtslinger website at http://www.thoughtslinger.com/terms.
10.2 You understand and agree that your continued use of the Services after the Agreement has been changed signifies your acceptance of the revised Agreement. Please review this Agreement regularly to make sure you are aware of any changes.
11. Feedback
11.1 By submitting any comments, feedback, or suggestions ("Feedback") to Thoughtslinger, you warrant and represent that you own or otherwise control the rights necessary to do so. You acknowledge and agree that: (a) Thoughtslinger may use such Feedback in any manner and without limitation; (b) you are not entitled to any compensation or reimbursement of any kind from Thoughtslinger under any circumstances; and (c) any such Feedback will become the property of Thoughtslinger.
12. Termination
12.1 You may terminate this Agreement at any time and for any reason, without prior notice.
12.2 Thoughtslinger may terminate this Agreement and your use of the Services at any time without prior notice and for any reason including, without limitation, (a) violation of any provision of the Terms, (b) nonpayment of any fees owed by you in connection with the Services, (c) requests by law enforcement or other government agencies, or (d) lack of use.
12.3 You acknowledge and agree that upon termination, Thoughtslinger may immediately deactivate your account and remove and discard all Content associated with your account.
12.4 You agree that Thoughtslinger is not liable to you or any third-party for termination of your access to the Services.
12.5 In the event of termination, you agree to be bound by the terms of the following sections of this Agreement, which will remain in full force and effect with respect to you: 4, 5, 12, 13, 14, 16, 17.
12.6 Thoughtslinger may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice.
13. DISCLAIMER OF WARRANTIES
13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITH NO WARRANTIES WHATSOEVER.
13.2 THOUGHTSLINGER AND ITS DIRECTORS, OFFICERS, AFFILIATES AND EMPLOYEES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
13.3 THOUGHTSLINGER AND ITS DIRECTORS, AFFILIATES, OFFICERS AND EMPLOYEES DISCLAIMS ANY WARRANTIES REGARDING QUALITY, RELIABILITY, AVAILABILITY, ACCURACY AND PERFORMANCE. IN PARTICULAR, THOUGHTSLINGER DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE, ARE ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, ARE ABLE TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, ARE COMPLETELY SECURE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
14. LIMITATION OF LIABILITY
14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THOUGHTSLINGER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INCOME, PRIVACY, GOODWILL OR BUSINESS (WHETHER DIRECT OR INDIRECT), FOR BUSINESS INTERRUPTION, FOR LOSS OF OR CORRUPTION TO DATA, FOR NEGLIGENCE, FOR COMPUTER FAILURE, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSSES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES.
14.2 THIS LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGES WHICH MAY BE INCURRED AS A RESULT OF ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE SERVICES, THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY THOUGHTSLINGER FOR ANY REASON, AND THE RELEASE OF OR THE FAILURE TO RELEASE UPDATES.
14.3 THIS LIMITATION OF LIABILITY SHALL APPLY UNDER ANY THEORY OF LIABILITY, EVEN IF THOUGHTSLINGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Remedy
15.1 If you are dissatisfied with any portion of the Services, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Services.16. Indemnity
16.1 You agree to indemnify and hold harmless Thoughtslinger and its directors, officers, affiliates and employees from and against any claim, demand or damage of any kind, including reasonable legal fees, made by you or by any third arising from or in any way related to your use or misuse of the Services, your violation of the Terms, or your violation of any rights of another.
17. General Provisions
17.1 This Agreement constitutes the entire agreement between you and Thoughtslinger with respect to the Services and it supersedes all prior agreements, whether electronic, oral, or written, between you and Thoughtslinger with respect to the Services.
17.2 This Agreement is governed by the laws in force in the Province of Ontario, Canada. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Services. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
17.3 Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this section.
17.4 If any provision of this Agreement is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.
17.5 You agree that you may not assign or transfer this Agreement or your rights hereunder.
17.6 The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
Last Updated June 30, 2009.