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thINK Plaza Community Terms of Service
Acceptance of Terms of Service:
This web site (www.thINKPlaza.com) and its associated services are provided to you under these Terms of Service (referred to as the "TOS") and any amendments and supplements that may be posted to them by thINK Plaza, ("thINK Plaza"). Your use of the web site shall be deemed to constitute your agreement to be bound by the terms of this TOS and shall be enforceable as if you had signed the TOS. If you are not willing to accept the terms and conditions of the TOS, we ask that you not use the web site.
In addition, when using particular thINK Plaza features, you and thINK Plaza agree to be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
From time to time, the TOS may be updated without notice to you. The most current version of the TOS is always available at www.thinkplaza.com/termsofservice.html. If you do not agree to the changes in the TOS, please arrange to terminate your registration with thINK Plaza immediately by (i) notifying thINK Plaza of your unwillingness to accept the changes in the TOS and (ii) by discontinuing your use of the thINK Plaza web site.
Registration:
Registration with thINK Plaza is required to access thINK Plaza’s community features. At registration you will be required to provide thINK Plaza with your first name, last name, company name, job title, company address, work phone number and a valid email address. This information is collected to allow thINK Plaza to contact you and to allow thINK Plaza to collect demographic data about its participants, both for thINK Plaza internal use and in some cases, for release to our partners (please see thINK Plaza's Privacy Statement for detailed information on when personal data is shared). Under this TOS, you agree to provide true, accurate and up-to-date information. thINK Plaza has the right to suspend or terminate your membership if it learns or has reasonable grounds to suspect that the information that you have provided is inaccurate, false or misleading.
Privacy:
Registration and other data about you are subject to our Privacy Statement. For more information, please see
www.thinkplaza.com/privacy.php
Termination:
thINK Plaza reserves the right to terminate (i) these Terms of Service and/or (ii) your membership at its sole discretion, immediately and without notice, upon any breach of this TOS.
Modification of the Terms of Service:
thINK Plaza may modify these TOS at any time at its sole discretion. Each time that you access the thINK Plaza web site, you will have been deemed to accept the TOS. thINK Plaza reserves the right, at its sole discretion, to notify you via email of changes to the TOS.
Modifications of the thINK Plaza Web Site:
thINK Plaza reserves the right to modify or discontinue any portion of or all of the thINK Plaza web site without notice to you and without liability to you or any third party.
Username, Password And Security:
You will choose a username and password on registering to become a member of the thINK Plaza community. You are responsible for maintaining the confidentiality of your username and password and you agree to (i) immediately notify thINK Plaza of any breach of security and (ii) ensure that you sign out at the end of each session. thINK Plaza cannot and will not be liable for any loss or damage from your failure to comply with this section.
Content:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person with whom the Content originated. This means that you, and not thINK Plaza, are responsible for all Content that you disseminate or transmit via the thINK Plaza web site.
You agree that you will not use the web site in any way to:
- Disseminate or transmit Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, libelous, pornographic or invasive of another’s privacy
- Disseminate or transmit Content that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any other party
- Disseminate or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of mass unsolicited email to people or entities who have not agreed to receive such materials
- Impersonate a thINK Plaza staff member, community member or other person or entity
- Stalk or harass another member
- Interfere with, disrupt or harm the web site or servers or networks connected to the web site
- Disseminate or transmit or make otherwise available any materials that contains software viruses, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Collect or store personal data about other users
- Use the web site for illegal purposes, including, but not limited to, disseminating or transmitting illegal and illegally obtained materials
You acknowledge that thINK Plaza does not pre-screen Content, but that thINK Plaza reserves the right to immediately, without notice and at its sole discretion, refuse, move or delete any Content available via its web site, for any reason, including without limitation, Content that violates the TOS.
You acknowledge and agree that thINK Plaza may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of thINK Plaza, its users and the public.
By posting Content to the web site, you (i) represent and warrant to thINK Plaza that you have all necessary permissions to disseminate or transmit content and (ii) grant to thINK Plaza a worldwide, nonexclusive, perpetual, full sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.
Protection of Intellectual Rights and License:
No portion of the thINK Plaza website or any of its subparts, including but not limited to: written content, structure, graphics, designs, algorithms, object code, source code, creative concepts or results, in whole or in part, may be reproduced in any form, or by any means, without prior written permission from thINK Plaza.
You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy and print one or several copies, and no more than several copies, of limited portions of the content retrieved from the web site for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, distribute, or sell content retrieved from the web site in any way, for any commercial or business use (including use by or for any non-profit entity) or provide it to any commercial or business (including to any non-profit entity), including other web sites, regardless of whether you receive compensation, without the prior written permission of thINK Plaza.
"thINK Plaza" and any and all logos used on this site in connection with the thINK Plaza name are trademarks of thINK Plaza (the "thINK Plaza Marks"). You may not display or use in any manner the thINK Plaza Marks without thINK Plaza's prior written permission.
You may not frame any trademark, logo, or other proprietary information on this web site without the express written consent of thINK Plaza. Except as expressly provided in the TOS, nothing contained in the Agreement or on the web site shall be construed as conferring any other license or right, expressly, by implication, by estoppels, or otherwise to any of thINK Plaza’s intellectual property rights or to any third party's intellectual property rights. Any rights not expressly granted herein are reserved.
Disclaimer and Limitations of Liability:
The thINK Plaza program is a program of the corporation, Catenate LLC ("Catenate").
1. Catenate wants to encourage an open exchange of information and ideas between members. However, Catenate cannot and does not review communications between members. Catenate does not guaranty or endorse the accuracy of any information you may receive from other members.
2. You agree that you will participate in the thINK Plaza program in a manner consistent with any and all applicable laws and regulations. You hereby agree to indemnify and hold Catenate, and each of its respective affiliates, directors, officers, employees, and agents harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to, or arising out of any breach of the terms and conditions of this agreement, including those set forth at the Terms of Service and Participation Guidelines.
3. You hereby agree to completely release Catenate, and each of its respective affiliates, directors, officers, employees and agents from all claims, judgments, demands, liabilities, and actions that you may have arising out of, or in any way relating to, your participation in the thINK Plaza program. IN NO EVENT WILL THINKPLAZA BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT YOUR PARTICIPATION IN THE THINKPLAZA PROGRAM.
4. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver by either Catenate or you of any term or condition of this agreement, whether by conduct or otherwise, shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition of this agreement, including those set forth at Terms of Service and Participation Guidelines.
The information on this site comes from a variety of sources and includes information that is subject to change without notice. Catenate wants this information to be as up-to-date and accurate as possible, but we cannot guarantee and do not warrant that the information is accurate, complete, or current; that your access will be uninterrupted; or that material accessible from this site if free from viruses.
The site, including all content, software, and information made available on this site, and any information or services provided by thINK Plaza, are provided "as is." With respect to documents or data available from this server, Catenate does not make -- and expressly disclaims -- any warranty, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. Catenate also expressly disclaims any legal liability or responsibility for the accuracy, completeness, or usefulness to Catenate of any current or future content on this site, or provided by thINK Plaza. Catenate further disclaims all liability arising from the content of any web sites linked or referred to by through the thINK Plaza web site. Catenate provides no warranty as to any information or services provided and Catenate is no way liable for any misinformation, conduct unbecoming or infringement of the rights of any person.
Catenate is committed to preserving the confidentiality of information provided to it by applicants to and participants in its program. Catenate cautions all applicants and participants, however, that it shall not be liable for any direct, incidental, consequential, indirect or punitive damages, whether under any contract, strict liability or other theory, arising out of or in connection with any breaches of security or other failure involving this site or Catenate's internal systems, or resulting from any viruses or other code that may affect any applicant's or participant's equipment, data or other property, as a result of using of this site. |
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