Terms of Use
Please Read Carefully.
Last Updated: November 26, 2014
By accessing or using the website (
www.thinkboks.com), any applications (including without limitation mobile applications), products and/or services (collectively, the “Service”) made available by Thinkboks, LLC (hereinafter “Selfie”, “we” or “us”), however accessed, you agree to be bound by this terms of use (“Terms of Use”).
If you do not accept this Terms of Use, now or in the future, please stop your use of the Service immediately, in which case any continuing access and/or use of the Service is unauthorized.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE MENTIONED IN THIS TERMS OF USE, YOU AGREE THAT DISPUTES BETWEEN YOU AND SELFIE WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
A.what happens when selfie makes changes?
Selfie may, at any time, for any reason, make changes to the Service, so this Terms of Use may need to also change. If we do make changes, we will provide you with notice of such changes by posting the updated Terms of Use and changing the “last updated” date listed above. So, please review it periodically. We may also provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of the Services following any modifications will mean you accept the modifications. Except for changes by us as described herein, no other amendment or modification to this Terms of Use will be effective unless in writing and signed by you and us.
B.PRIVACY
We take privacy of our users seriously and respect your concerns about how we may gather and use personal information, so please review our privacy policy here –
www.thinkboks.com/thinkboks/legal.htmlC.scope of use
Eligibility. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of 13. Selfie does not knowingly collect or solicit information from children under the age of 13. To access and/or use the Service, you must be 18 years of age or older and have the requisite power and authority or possess legal parental or guardian consent to enter into this Terms of Use. If we learn we have collected personal information from a child under 13, we will delete the information, so please contact us at
developer@thinkboks.com if you think a child has provided us with personal information.
Creating an Account. If you create an account on our Service, you may only create and hold one (1) account that you are solely responsible for managing. You agree to provide us with accurate, current and complete information about your account and to maintain the information provided to us by updating it from time to time. We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar or offensive, or if it may be protected by trademark or other proprietary rights, as determined by Selfie in our sole and absolute discretion. After opening a Selfie account, you accept all responsibility for activity that occurs under your account, so please make sure to keep your username and password secure and do not share your password with others.
Your account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate any of these limitations we may terminate your account without notice and liability. If you commit fraud or falsify information in connection with your use of the Service or in connection with your account with Selfie, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and your use of the Service. If we terminate your account, you may not subscribe under a new account unless we formally invite you.
Use of Services and Availability. Use of the Service is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, and/or objectionable. The Service may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Service resulting from conditions and/or events outside the reasonable control of Selfie and for which, you acknowledge and agree, Selfie will bear no responsibility. The Service may be modified, updated, suspended or discontinued at any time without notice or liability. Consequently, Selfie encourages you to maintain your own backup of Your Content (as defined below). Although it’s our intention for the Service to be available as much as possible, we are not a backup service and you agree not to rely on the Service for purposes of backup and/or storage of Your Content.
Communications from Selfie and others. By creating an account, you agree to receive certain communications in connection with the Service. For example, you might receive comments, friend requests and/or photos from other users. Selfie’s Service also provides social online chat platforms, which may allow you to participate in public and private chat rooms and to utilize messaging features to communicate with other users of the Service. You may use the Service to send message to other users and acknowledge that certain users may block you from sending them messages.
Your Responsibilities. Selfie grants you the rights set forth herein, subject to the following conditions:
(a)You shall not modify, disassemble, reverse engineer and/or otherwise reduce to human-perceivable form all or any part of the Service;
(b)You agree not to submit and/or transmit any emails or materials through the Service that contain a virus, worm, Trojan horse and/or any other harmful component;
(c)You may not access all or any part of the Service in order to build a product or service which competes with the Service;
(d)You shall not copy, store, reproduce, duplicate, transmit and/or distribute a significant portion of the content on this Service;
(e)You are responsible for the accuracy and quality of the data and content that you submit and will not violate the intellectual property rights of anyone including without limitation Selfie;
(f)You represent that you have the necessary permissions to use and authorize the use of Your Content as described herein;
(g)You shall not submit content that is offensive, including without limitation, bigotry, racism, discrimination, hatred and/or profanity;
(h)You shall not imply that Your Content is in any way sponsored and/or endorsed by us;
(i)You agree not to intentionally hold Selfie and/or our employees and/or officers up to public scorn, ridicule and/or defamation;
(j)You will not promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property;
(k)You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the Service, and to notify us promptly of any such unauthorized access and/or use; and
(l)You shall not use the Service for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Service.
Selfie
shall not be subject to any obligations of confidentiality regarding any information or materials submitted online except as otherwise specified in this Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise required by law. The commercial use, reproduction, transmission and/or distribution of any information, software and/or other material available through the Service is strictly prohibited.
D.PROPRIETARY RIGHTS AND LICENSES
Reservation of Rights. The materials, headers, graphics, icon, trade dress and other content on our Service, as well as the organization and layout of the Service, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Selfie’s name and logo may not be copied, imitated and/or used, without our prior written consent. Subject to the limited rights expressly granted hereunder, Selfie and/or its third party providers reserve all right, title and interest in and to the services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Right to Access and Use. Selfie hereby grants to you a right to access and use the Service in accordance with this Terms of Use.
Your Content. You shall have exclusive title and ownership rights, including all intellectual property rights, throughout the world in all of Your Content. You hereby grant us a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use Your Content for any purpose. You further hereby irrevocably grant the other users of the Service, the right to access and use Your Content in connection with their use of the Service in accordance with this Terms of Use. “
Your Content” means content, information and material that you submit and/or transmit to, through, and/or in connection with the Service, such as comments, invitations, messages, links, photos and other information that you publicly display and/or displayed on your account and make available to other users. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, and/or reliability. You also represent that you own, or have the necessary permissions to use and authorize use of Your Content as described in this Terms of Use.
Posted Content. Your Content that is posted through our Service goes to a global feed which is viewable by anyone who opens and uses the Service. There may be additional filters that allow you to customize your feed by age, gender and location. Therefore, please carefully choose the information that you post on, through or in connection with your use of the Service and that you provide to other users. If you become aware of misuse of the Service by any person, please contact us. Selfie may reject, refuse to post and/or delete Your Content, in its sole and absolute discretion. Notwithstanding anything herein to the contrary, Selfie is not obligated to take any action not required by law. Selfie may choose, but has no obligation to review or monitor the Service for inappropriate content or conduct. Selfie assumes no responsibility for Your Content, and/or any obligation to modify and/or remove any inappropriate content.
Feedback and Suggestions. Please keep in mind that we do not seek any unsolicited ideas and/or materials. If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Service (“
Feedback”), then you further grant to us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Service any Feedback.
E.USER DISPUTES
We are unable to control and have no duty to take any action regarding how you may interpret and use content on our Service. We cannot guarantee the identity of any users with whom you may interact in using the Services and are not responsible for which users gain access to the Services. You are solely responsible for interactions with other users. We respect other people’s rights, and expect you to do the same. We
reserve the right, but have no obligation, to monitor disputes between users of the Service. Selfie has the right but is not obligated to do any or all of the following:
(a)Record the dialogue in public or private chat rooms;
(b)Examine an allegation that a communication(s) does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
(c)Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to the Terms of Use;
(d)Terminate your access to the Service upon any breach of this Terms of Use;
(e)Monitor, edit, or disclose any communication in the public areas; and/or
(f)Edit or delete any communication(s) posted on the Service, regardless of whether such communication(s) violate these standards.
Selfie reserves the right to take any action it deems necessary to protect the personal safety of our users and/or the public. Selfie has no liability and/or responsibility to users of the Service or any other person or entity for performance or nonperformance of the aforementioned activities.
F.SPAMMING AND PROHIBITED USE
Gathering email addresses from Selfie
, harvesting and posting or transmitting unauthorized or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching and/or otherwise accessing any content on the Service via automated means, including but not limited to user profiles and photos (except as may be the result of standard search engine protocols or technologies used with Selfie’s express consent). You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Please do not interfere with the proper working with the Services, including without limitation by placing an unreasonable load on the Service’s infrastructure.
G.TERMINATION
If you violate this Terms of Use and/or if we have grounds to suspect that you violated our guidelines set forth in this Terms of Use and/or other use parameters included on the Service, we may suspend and/or terminate your account and refuse that you use the Service (or any portion thereof). Selfie also reserves the right, in its sole discretion, to terminate your access to the Service or any portion thereof at any time, without cause and/or without notice. In the event you fail to pay for the access granted, or share the access granted with any person or entity, and/or misuse the system by any means actionable under a federal, state, or local statute, code, regulation, law, or civil action, Selfie will consider your access as having been acquired by fraud or misrepresentation and will terminate your access. In such a case, Selfie
retains the right to seek civil or criminal redress, the entire cost of which shall be borne solely by you.
H.INDEMNIFICATION AND WAIVER
You shall indemnify, defend and hold harmless Selfie, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (
“Claim”) arising out of or in the relation to (i) your violation of any law or the rights of a third party (ii) any breach of this Terms of Use by you, your officers, agents, employees, contractors and/or representatives and/or (iii) your use of Selfie’s Service. You shall give prompt notice to Selfie upon your receipt of notice of any Claim against you which might give rise to a claim against Selfie.
You acknowledge and agree that by accessing or using the Service, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise objectionable, and agree to accept that risk.
I.DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:THE SERVICE AND CONTENT ARE PROVIDED BY SELFIE
TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLEY SET FORTH IN THIS TERMS OF USE, SELFIE DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, ALL OF WHICH SELFIE EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, SELFIE AND ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; AND/OR (C) SELFIE WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICE OR ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SELFIE OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.
J.LIMITATION OF LIABILITY
YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL SELFIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENE), WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SELFIE HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY SELFIE ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, SELFIE’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICE, RELATED SERVICES AND/OR HAVE ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO AND USE OF THE SERVICES.
SELFIE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES IS LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO SELFIE IN CONNECTION WITH YOUR USE OF AND ACCESS TO THE SERVICE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR (ii) ONE HUNDRED DOLLARS (US$100.00).
K.LINKS
This Service may provide links to various other independent third-party websites (“
Linked Sites”) that may be of interest to you and for your convenience only. Selfie does not control or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy and/or reliability of any information, data, opinions, advice and/or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with the Linked Sites and do so at your own risk. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each Linked Site that you visit. Selfie
reserves the right to remove any link at any time. We
disclaim all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Linked Sites.
You may not link to this Service without our written permission. If you are interested in linking to this Service, please contact
developer@thinkboks.com.
L.DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you or other third parties. In such event we will remove such material and suspend and/or terminate service of the applicable user. We will respond to clear notices of copyright infringement when you provide the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii)Identification of the copyrighted work claimed to have been infringed;
(iii)Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
(iv)Information sufficient to permit Selfie to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
(v)A statement that the complaining party has 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
(vi)A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for Selfie’s DMCA Agent for notice of claims of copyright infringement is: ThinkBoks, LLC. Attn: Copyright Agent, 513 Lincoln Avenue, Winnetka, IL 60093.
The Copyright Agent will not remove content from the Service in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Service or on sites linked to or from the Service. All other inquiries directed to the Copyright Agent will not be responded to.
M.RESOLUTION OF DISPUTES
Disputes. We want to address your concerns without needing to file a formal legal claim. Before filing a claim against Selfie, you acknowledge and agree you will try to resolve the dispute informally by contacting us at
develop@thinkboks.com. We will try to resolve the dispute via e-mail, but if we cannot resolve the dispute within thirty (30) days after the date of your submission, you and Selfie agree to resolve any claims related to this Terms of Use through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ below.
Opt-Out.
You can opt-out and decline this agreement to arbitrate by contacting Selfie within thirty (30) day of the date that you first became subject to this arbitration provision (i.e.: the date you accept this Terms of Use). You must send us written notice to ThinkBoks, LLC. Attn: Opt-Out Arbitration, 513 Lincoln Avenue, Winnetka, IL 60093. If you opt out, neither you nor Selfie can require the other to participate in an arbitration proceeding.
Arbitration Procedures. All claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association (AAA). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitrate. Notwithstanding anything herein to the contrary, in the event (i) you misuse and/or abuse the Services, (ii) you breach the confidentiality terms set forth herein and/or (iii) you infringe a third party’s intellectual property rights, Selfie may assert a claim against you and seek injunctive relief from a court of competent jurisdiction. In the event of the foregoing, any such action shall take place exclusively in the courts situated in the City of Chicago, Cook County, Illinois and the parties hereby submit to the venue of the courts situated therein.
N.MISCELLANEOUSIf any provision or term of this Terms of Use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted form them.
This Terms of Use shall be governed in all respects by the laws of the State of Illinois, without regard to its choice of law rules. If an applicable law is in conflict with any part of this Terms of Use, this Terms of Use will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. This Terms of Use supersede all prior understandings between you and Selfie and represents the complete agreement between you and Selfie. This Terms of Use does not create or confer any third-party beneficiary rights.
O.questions and commentsIf you would like to request additional information regarding this Terms of Use, please contact us at
developer@thinkboks.com or writing to us at Thinkboks, LLC (Selfie), 222 W. Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654.