ACCEPTANCE OF TERMS
ACCESS TO SERVICE
Subject to your acceptance of these Terms, we grant to you a non-exclusive, non-transferable, revocable limited license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.
We reserve the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
You agree to be bound by any application, forum, or game specific rules published within the Service.
Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of ThinkIt’s copyrights in and to the Service. We reserve the right to terminate your access to the service without notice if you violate these Terms.
The Services are intended for those 21 years of age. Without diminishing the foregoing, to access or participate in the Services, you must be a natural person, at least 13 years old, and if you are under the age of 18 you declare that you have the consent of a legal guardian.
OWNERSHIP OF INTELLECTUAL PROPERTY
Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by ThinkIt and its Licensors and are protected by law from unauthorized use.
You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.
You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of PM.
All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to ThinkIt in connection with the use of the Service shall be the exclusive property of ThinkIt. You agree that unless otherwise prohibited by law ThinkIt may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
The Service may include a virtual, in-game currency (Virtual Currency) including, but not limited to coins, cash, or points, that may be purchased through the Services for "real world" money if you are legally permitted to purchase such Virtual Currency in your country, province and/or state of residence. The Service may also include virtual, in-game digital items (Virtual Good) that may be purchased for (real world) money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for (real world) money, goods or other items of monetary value from ThinkIt or any other party.
Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Currency and/or Virtual Goods are subject to change without notice.
Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Service and possible legal action.
You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in ThinkIt's sole and absolute discretion, or if we discontinue providing the Service.
By participating on the Site, you agree that the Site may display your first name, first initial of your last name, picture, profile and game records. By participating on the Site, you agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without compensation. You agree that you are solely responsible for any content, location information, messages, posts, comments, data, text, images, photographs, videos or other materials that you transmit through the Services ("User Content").
The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to ThinkIt and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to ThinkIt will be treated as non-confidential and non-proprietary
You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without ThinkIt incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
You grant to ThinkIt the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
We have no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but we do have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
We reserve the right (but at no time be obligated to), in its sole discretion, remove, block, edit move, disable or permanently delete User Content with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, we shall at no time be liable for the removal, modification, blocking, moving or deletion of User Content.
You acknowledge that you do not rely on ThinkIt to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
POSTING ON OTHER WEB SITES
You are granted a limited revocable license to post an image of your personal avatar and/or screen shot from your account, of your achievement for example, within the Service and any other materials that we specifically gives you notice may be posted on other web sites, on your own personal web site or on a third party web site that permits posting of content at the direction of users provided that such third party web site (i) is not commercially competitive to ThinkIt, (ii) does not criticize or injure ThinkIt, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (iv) does not charge for access to such content or associated products, services or advertising with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an "Authorized Web Site"). All of ThinkIt’s rights and remedies are expressly reserved, and we may revoke this limited license, in whole or in part, upon notice.
As a condition of your use of and access to the Service, you agree to comply with these Usage Rules, which are provided as an example rather than as a limitation, and any application or game specific rules published within the Service. Further, the User Content shall not include any of the following:
- comments or other materials that are sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner;
- comments or other materials that are violent or derogatory of any ethnic, racial, gender or religious group;
- comments or other materials that harass or advocate the harassment of another person;
- comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal;
- comments or other materials that are false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
- comments or other materials that infringe any party's trademark, trade secret, copyright or other proprietary rights.
c) You and your activities on the Service will not:
- reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
- attempt to impersonate any other party;
- create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
- trick, defraud or mislead ThinkIt and other users, especially in any attempt to learn sensitive account information such as passwords;
- make improper use of ThinkIt’s support services or submit false reports of abuse or misconduct;
- engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
- disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
- reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
- except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
- interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;
- engage in cheating or any other activity deemed by ThinkIt to be in conflict with the spirit or intent of the Service.
d) We do not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, ThinkIt specifically disclaims any responsibility with regard thereto.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE THINKIT PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE THINKIT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE THINKIT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
In case of a malfunction or disruption of the Services that prevents you from completing a game in which you have begun to participate, we may allow users to participate again in a game until the participation is complete. ThinkIt reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. We also reserve the right to limit your game play or terminate your participation in the Services should ThinkIt determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. We are not liable for any potential winnings or other lost opportunity from any unfinished game.
You agree to defend, indemnify and hold harmless the ThinkIt Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. ThinkIt makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with ThinkIt have authority to make any such representations or warranties. ThinkIt reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.