1. ACCEPTANCE OF TERMS
BY USING THE ThoughtHit WEB SERVICE (THE "SERVICE"), YOU AGREE TO BE BOUND BY THESE
TERMS OF SERVICE. ThoughtHit reserves the right to update or alter these Terms of
Service at any time with or without notice. We encourage you to review periodically
the most current version of these Terms of Service. Choosing to continue to use
the Service after the posting of changes to these Terms of Service (or the Privacy
Policy) will mean that you accept those changes. You also acknowledge that when
using the Service, you shall be subject to any posted guidelines or rules, including
new guidelines or rules that may be posted periodically. You understand and agree
that the Service is provided "AS-IS" and that ThoughtHit assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings. All such guidelines or rules are hereby incorporated
into these Terms of Service. If you do not agree to these Terms of Service, please
do not use the Service.
ThoughtHit reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that ThoughtHit shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
2. ThoughtHit PRIVACY POLICY
Registration data and certain other information about you is subject to our Privacy
Policy. For more information, please see our complete privacy policy at http://www.ThoughtHit.com
3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you choose to register on ThoughtHit you will choose a password and account ID.
You and you alone are solely responsible for maintaining the confidentiality of
your password and information associated with your account that you desire to remain
confidential. You also agree that you are responsible for any and all activities
that may take place, or occur under your password and account. You further agree
to notify ThoughtHit in the event your password or account has been used without
the proper authorization or there are other breaches of security of which you become
aware. You also agree to exit from your account at the end of each session with
the Service. We may refuse to grant you, and you may not use, a user name (or e-mail
address) that is already being used by someone else; that may impersonate another
person; that belongs to another person, without his or her prior consent; that violates
the intellectual property or other rights of any person; that is vulgar or otherwise
offensive; or that we reject for any other reason in our sole discretion. ThoughtHit
will not be responsible or liable for any loss or damage incurred, or later arising
from your failure to comply with this section.
4. USE OF SERVICE AND CODE OF CONDUCT
You agree NOT to use the Service (and it shall be a violation of these Terms of
Service) to: (a) Upload or share any Content in violation of any third party's rights
to that Content; (b) Upload any Content that is harmful, hateful, harassing, threatening,
or abusive; that would violate another's rights or constitute or encourage a criminal
offense; or that would otherwise violate any local, state, national or international
law; (c) Upload any Content that exceeds the scope of your rights to use such Content
or which you do not have a right to Upload from the Content owner; (d) Post, Upload
or make available any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(e) Interfere with any other user's right to privacy; (g) impersonate any person
or entity; (h) interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies, or regulations
of networks connected to the Service; (i) violate any applicable local, state, national,
or international laws; (j) harass or "stalk" another individual; or (k) collect
or store personal data about other users, (l) authorize, aid, or encourage anyone
to do anything in violation of this Terms of Service.
In using the Service, you may access Content that is Uploaded by other users, such
as information in ThoughtHit directories, message boards, search results, and other
parts of the Service. You may be exposed to Content that is inaccurate, offensive,
indecent, or objectionable. Uploaded Content is the sole responsibility of the person
who Uploaded it. ThoughtHit does not make any representations or warranties about
the accuracy, integrity, quality or any other aspect of such Content and disclaims
all liability for such Content for any loss or damage incurred as a result of the
use of such Content. By using the Service, you agree to bear all risks associated
with the use of any Content on the Service and any reliance on the accuracy, completeness,
or usefulness of such Content.
ThoughtHit does not pre-screen, edit or review all Content made publicly available
to areas of the Service. ThoughtHit has the right (but not the obligation) in its
sole discretion, to remove, move, change from public to private, or otherwise restrict
any Uploaded Content at any time, with or without notice.
5. LICENSE
With regard to Content you Upload or Share for inclusion in any publicly accessible
areas of the Service, you hereby grant ThoughtHit the worldwide, royalty-free, perpetual,
irrevocable, and non-exclusive license to use, reproduce, modify, translate, display,
create derivative works from, and publish such Content on or in connection with
the Service. You acknowledge that ThoughtHit in its sole discretion may choose not
to display any Content you Upload in publicly accessible areas. All information
in the User Profile other than email address and password is publicly visible unless
otherwise noted. If you do not want such information publicly visible, then do not
post such information to your User Profile. Your username, however, is always publicly
visible.
6. LINKS
The Service may provide, or third parties may provide, references and/or links to
other World Wide Web sites or resources. Because ThoughtHit has no control over
such sites and resources, you acknowledge and agree that ThoughtHit is not responsible
for the availability of such external sites or resources, and does not endorse or
sponsor and is not responsible or liable for any TOS, Content, advertising, products,
or other materials on or available from such sites or resources. You further acknowledge
and agree that ThoughtHit 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, goods or services available on or through any
such site or resource.
7. ThoughtHit 'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service uses and contains proprietary and confidential
information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that content contained in sponsor advertisements
or information presented to you through the Service is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized in these Terms of Service, you agree not to modify, sell,
distribute or create derivative works based on the Service in whole or in part for
any purpose whatsoever. You agree not to access the Service by any means other than
through the interface that is provided by ThoughtHit for use in accessing the Service.
8. TERMINATION
ThoughtHit may terminate your account in whole or part, or remove or discard any
Content you may have Uploaded at any time, for any reason, with or without notice.
ThoughtHit reserves the right to terminate your access to the Service at any time
or deactivate and/or delete your account and all information in your account at
any time, with or without notice. Further, you agree that ThoughtHit shall not be
liable to you or any third party for any termination of your access to the Service
or any loss or deletion of your Uploaded Content.
9. ADVERTISERS ON ThoughtHit
You agree that any and all correspondence and business dealings between you and
advertisers whose advertisements appear on the Service, are solely between you and
such advertiser. ThoughtHit will not be liable for any loss or damage as a result
of interactions or dealings with such advertisers, or for the content of any advertisements
on the Service.
10. INDEMNITY
You agree to indemnify and hold ThoughtHit , and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, representatives and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post to or transmit through the Service,
your use of the Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
11. GENERAL DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. PROGRAMMBLEWEB EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) ThoughtHit MAKES 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 PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ThoughtHit
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ThoughtHit SHALL NOT BE LIABLE 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 ThoughtHit 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 PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
14. GENERAL
These Terms of Service constitute the entire agreement between you and ThoughtHit
and govern your use of the Service. These Terms of Service supersede any prior agreements
between you and ThoughtHit . These Terms of Service and the relationship between
you and ThoughtHit are governed by the laws of the State of Tamil Nadu,India without
regard to its conflict of law provisions. You and ThoughtHit agree to submit to
the personal and exclusive jurisdiction of the courts located within the county
. The failure of ThoughtHit to exercise or enforce any right or provision of these
Terms of Service does not constitute a waiver of such right or provision. In the
event any provision of these Terms of Service 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. In addition,
the other provisions of these Terms of Service remain in full force and effect.
The section titles in these Terms of Service serve to present the information clearly
and have no legal or contractual effect.
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