Terms of Service
1. ACCEPTANCE OF TERMS
The web pages available at www.thinqon.com and math.thinqon.com, and all linked pages ("Site"), are owned and operated by Pandalous LLC ("Pandalous") and are accessed by you under the Terms of Service described below ("Terms of Service").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. PANDALOUS'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY PANDALOUS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. MODIFICATIONS OF TERMS OF SERVICE
Pandalous reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, Pandalous will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Pandalous's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
3. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Service, Pandalous may offer to provide certain services, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service Pandalous performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Pandalous may change, suspend or discontinue the Services or Content for any reason, at any time, including the availability of any feature or content. Pandalous may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
4. YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with Pandalous and select an email address ("User ID") and password ("Password"). You must provide Pandalous with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your THINQon.com account. You may not (i) select or use as a User ID an email address containing the name of another person with the intent to impersonate that person; (ii) use as a User ID an email address or name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID an email address that is otherwise offensive, vulgar or obscene. Pandalous reserves the right to refuse registration of, or cancel a User ID at its sole discretion. You shall be responsible for maintaining the confidentiality of your Password.
To comply with the Children's Online Privacy Protection Act, at this time the Services are only available to users who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, you may not register to use the Services.
5. USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Pandalous.
By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other THINQon.com users;
- to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any THINQon.com user;
- to create or submit unwanted email ("Spam") to any other THINQon.com users or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- with the intention of artificially inflating or altering statistics, comments, or any other Pandalous service, including by way of creating separate user accounts for the purpose of artificially altering Pandalous's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Pandalous's services;
- to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- to attempt to impersonate another user or person;
- to sell or otherwise transfer your profile.
You agree not to post messages on the Site revealing the identity of another user who has written under a pseudonym or alias.
You agree not to access (or attempt to access) the Site or Services by any means other than through the interface that is provided by Pandalous, unless you have been specifically allowed to do so in a separate agreement with Pandalous. You specifically agree not to access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers), except by express written permission of Pandalous, and shall ensure that you comply with the instructions set out in any robots.txt file present on the Site.
Pandalous may remove any Content and THINQon.com accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Service abuse, please email: email@example.com
You are solely responsible for your interactions with other users of the Site. Pandalous reserves the right, but has no obligation, to monitor disputes between you and other users.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICES
Representation of Ownership. By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Site, you represent and warrant that you own all rights in the Content. The foregoing does not apply to the Content on any external sites to which the Services link.
Responsibility for Content. You understand that all Content, including data, text, information, links and other content, is the sole responsibility of the person who posted such Content through the Site or Services. This means that you, and not Pandalous, are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit (collectively, "Post") via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Pandalous be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You understand that the technical processing and transmission of the Services, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Pandalous's Rights. You acknowledge that Pandalous does not pre-screen, control, edit or endorse Content made available through the Services and has no obligation to monitor the Content Posted via the Services. If Pandalous discovers Content that does not appear to conform to the Terms of Service, Pandalous may investigate and determine in its sole discretion whether to remove the Content. Pandalous will have no liability or responsibility for performance or non-performance of such activities.
Links.The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pandalous has no control over such sites and resources, you acknowledge and agree that Pandalous is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that Pandalous shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such site or resource.
7. PROPRIETARY RIGHTS
Rights to Site and Services. You acknowledge and agree that Pandalous owns all legal right, title and interest in and to the Site and Services, including any intellectual property rights which subsist in the Site and Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist), excluding Content posted by users on the Site and Services.
Copyrighted Content. The Content is protected by copyright and other laws in both the United States and elsewhere. The Site includes both content owned or controlled by Pandalous and Content owned or controlled by third parties and licensed to Pandalous (collectively, the "Materials").
Your Copyright. You retain copyright and any other rights you already hold in Content that you post on the Site or Services, and you are responsible for protecting those rights, as appropriate.
Pandalous's Use of Content. By submitting, posting or displaying the content you give Pandalous a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Site or Services.
Your Use of Content. Pandalous authorizes you to view and download a single copy of the Materials solely for your personal, non-commercial use. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of Pandalous.
Pandalous respects the intellectual property of others. It is Pandalous's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Pandalous will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Pandalous may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Pandalous will terminate access for subscribers and account holders who are repeat infringers.
Notifying Pandalous of Copyright Infringement: To provide Pandalous notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of firstname.lastname@example.org
that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512
). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Pandalous with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Pandalous with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at email@example.com
that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512
). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
You will indemnify and hold harmless Pandalous, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Service by you, or the infringement by you, or any third party using your account or User ID, of any intellectual property or other right of any person or entity.
11. WARRANTY DISCLAIMERS
You acknowledge that Pandalous has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Pandalous from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Pandalous makes no representations concerning any content contained in or accessed through the Site or Services, and Pandalous will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL PANDALOUS OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Pandalous may terminate or suspend any and all Services and your Pandalous account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your THINQon.com account, you may simply discontinue using the Services. All provisions of the Terms of Servoce which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind Pandalous in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Pandalous shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Pandalous's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service are not assignable, transferable or sublicensable by you except with Pandalous's prior written consent. Pandalous may transfer, assign or delegate the Terms of Service and its rights and obligations without consent.
THINQon, THINQon.com, Pandalous, Pandalous.com and other THINQon and Pandalous graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Pandalous in the U.S. and/or other countries. Pandalous's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.