Terms & Conditions
Welcome to 10Thoughts.com, the website and online service of 10Thoughts LLC (“10Thoughts” “we,” or “us”). This page explains the terms by which you may use our website and related services. By accessing or using the 10Thoughts website, software and services provided in connection with our service (the “Service”), you signify that you have read, understood, and agree to be bound by this Terms & Conditions Agreement (this “Agreement”), whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
Please read these Terms and Conditions carefully.
BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.
WE RESERVE THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN OUR SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS & CONDITIONS” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON OUR WEB SITE.
1. Use of Our Service
10Thoughts provides a place for you to discover, track, and talk about news articles with a community of friends.
You do not have to register in order to visit 10Thoughts. To access certain features of the Service, though, you will need to register with 10Thoughts and create a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify 10Thoughts immediately of any breach of security or unauthorized use of your account. Although 10Thoughts will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of 10Thoughts or others due to such unauthorized use.
By providing 10Thoughts your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. To the extent permitted under applicable law, you may not opt out of Service-related e-mails. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may unsubscribe by clicking a link within the email. Opting out will prevent you from receiving email messages regarding updates, improvements, or offers.
The Service is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at 10Thoughts’s sole discretion. 10Thoughts reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that 10Thoughts will not be liable to you for any interruption of the Service, delay or failure to perform.
You are solely responsible for your interactions with other 10Thoughts Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. 10Thoughts shall have no liability for your interactions with other Users, or for any User’s action or inaction.
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
Subject to the terms and conditions of this Agreement, 10Thoughts grants you permission to use the Service for your personal, non-commercial purposes only unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without our express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or otherwise connected to our website. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the 10Thoughts servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) collecting or harvesting any personally identifiable information, including account names and email addresses, from the Service; (vii) using the Service for any commercial solicitation purposes; (viii) using any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent, (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; or, (xi) bypassing the measures we may use to prevent or restrict access to the Service. In order to protect our Members from unsolicited advertising or solicitation, 10Thoughts reserves the right to restrict the number of communications which a Member may send to other Members in any 24-hour period to a number that 10Thoughts deems appropriate in its sole discretion. 10Thoughts may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in 10Thoughts’s sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You may use this site for purposes expressly permitted by this site. As a condition of your use of our Service, you warrant to us that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) cobrand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of 10Thoughts. For purposes of this Agreement, “cobranding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with us in causing any unauthorized cobranding, framing, or hyperlinking immediately to cease. In addition, you may not use our website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website.
We reserve the right, in our sole discretion, to terminate your access to any or all of our website and the related services or any portion thereof at any time, without notice.
2. User Content and Communication Services
Some areas of the Service may allow Users to post comments, questions, content, and other information (“User Content”) and may contain forums, bulletin board services, chat areas, message boards, news groups, communities, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communication Services”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. 10Thoughts reserves the right, but is not obligated, to reject and/or remove any User Content that 10Thoughts believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
10Thoughts takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. 10Thoughts is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that 10Thoughts shall not be liable for any damages you allege to incur as a result of such User Content. 10Thoughts may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.
You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
(i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity); (ii) advocates illegal activity or discusses an intent to commit an illegal act; (iii) is vulgar, obscene, pornographic, or indecent; (iv) does not pertain directly to this site; (v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive; (vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent; (viii) violates any law or may be considered to violate any law; (ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (x) falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded; (xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized by 10Thoughts; (xii) solicits funds, advertisers, or sponsors; (xiii) includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications; (xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this site; (xv) includes MP3 format files; (xvi) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys; (xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or (xviii) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
We reserve the right to monitor use of this site to determine compliance with this Agreement, as well as the right to remove or refuse any information for any reason. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction, and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither us nor any third party that provides Content to us will assume or have any liability for any action or inaction by us or such third party with respect to any submission. We caution you against giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages, or information found in any Communication Service and, consequently, we specifically disclaim any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect ours.
3. License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to 10Thoughts a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to grant and authorize sublicenses of the foregoing for any purpose at the sole discretion of 10Thoughts.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. 10Thoughts reserves all rights not expressly granted herein in the Service and the 10Thoughts Content (as defined below). 10Thoughts may terminate this license at any time for any reason or no reason.
4. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “10Thoughts Content”), and all Intellectual Property Rights related thereto, are the exclusive property of 10Thoughts and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the 10Thoughts Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place 10Thoughts under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, 10Thoughts does not waive any rights to use similar or related ideas previously known to 10Thoughts, or developed by its employees, or obtained from sources other than you.
This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under eighteen (18) is unauthorized, unlicensed, and in violation of this Agreement.
In the event that you have a dispute with one or more Users, you release 10Thoughts (and our officers, members, managers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 10Thoughts expressly disclaims, to the fullest extent permitted by law, any liability that may arise between Users of its Services.
7. Public Areas
The website may contain profiles, email systems, blogs, message boards, applications, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
10Thoughts does not endorse any content submitted to the website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and 10Thoughts expressly disclaims, to the fullest extent permitted by law, any and all liability in connection with Content.
8. Paid Services
A. Billing Policies. Certain aspects of the 10Thoughts Service may be provided for a fee or other charge. These fees and charges, if any, are described on the Site, and in the event you elect to use paid aspects of the 10Thoughts Service, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted at the website. 10Thoughts may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
B. No Refunds. You may cancel your 10Thoughts Account at any time; however, if applicable, there are no refunds for cancellation. As permitted under the terms of this Agreement, 10Thoughts has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that 10Thoughts suspends or terminates your 10Thoughts Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, if any, for any portion of the 10Thoughts Service, any content or data associated with your 10Thoughts Account, or for anything else. You acknowledge that 10Thoughts has the perpetual and irrevocable right to delete any or all of your content and data from 10Thoughts’s servers and from the 10Thoughts Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.
You have read the Privacy Notice applicable to the Services located at http://www.10Thoughts.com/privacy/ (the “Privacy Notice”). You agree that the Terms of the Privacy Notice are reasonable and you consent to the use of your personal information by 10Thoughts in accordance with the Privacy Notice.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. DMCA Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify 10Thoughts’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1.An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2.Identification of the copyrighted work that you claim has been infringed;
3.Identification of the material that is claimed to be infringing and where it is located on the Service;
4.Information reasonably sufficient to permit 10Thoughts to contact you, such as your address, telephone number, and, e-mail address;
5.A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6.A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: Compliance Department
621 Nash Drive
Charlottesville, VA 22901
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying 10Thoughts and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with 10Thoughts’s rights and obligations under the DMCA, including 17 U.S.C. §§ 512(b), (d), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, 10Thoughts has adopted a policy of terminating, in appropriate circumstances and at 10Thoughts’s sole discretion, members who are deemed to be repeat infringers. 10Thoughts may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. Additional Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
b. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
c. Your User Content and 10Thoughts’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
d. 10Thoughts may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
13. Third-Party Websites, Advertisers or Services
10Thoughts may contain links to third-party websites, advertisers, or services that are not owned or controlled by 10Thoughts. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or us. We have not reviewed any or all of such sites and are not responsible for the content of those sites. We are not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at the user’s own risk, and we make no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to this site. We provide hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by us of that site or any association with its operators.
10Thoughts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from 10Thoughts, you do so at your own risk, and you understand that this Agreement and 10Thoughts’s Privacy Notice do not apply to your use of such sites. You expressly relieve 10Thoughts from any and all liability arising from your use of any third-party website or services or third party owned content.
Additionally, your dealings with or participation in promotions of advertisers found on 10Thoughts, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that 10Thoughts shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy notice of any third-party website or service that you visit.
You agree to defend, indemnify and hold harmless 10Thoughts and its subsidiaries, agents, managers, members, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
15. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, 10THOUGHTS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
10THOUGHTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE 10THOUGHTS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND 10THOUGHTS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 10THOUGHTS, ITS AFFILIATES, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL 10THOUGHTS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 10THOUGHTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL 10THOUGHTS, ITS AFFILIATES, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO 10THOUGHTS HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF 10THOUGHTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. 10Thoughts makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 10Thoughts without restriction.
A. Governing Law. You agree that: (i) the Service shall be deemed solely based in Virginia; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over 10Thoughts, either specific or general, in jurisdictions other than Virginia. This Agreement shall be governed by the internal substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. Any claim or dispute between you and 10Thoughts that arises in whole or in part from the Service shall be decided exclusively by a state or federal court of competent jurisdiction located in Albemarle County, Virginia.
B. Notification Procedures. 10Thoughts may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by 10Thoughts in our sole discretion. 10Thoughts reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
C. Entire Agreement/Severability. This Agreement, together with any other terms you agree to in connection with your use of the Service, shall constitute the entire agreement between you and 10Thoughts concerning the Service. If any provision of this Agreement is deemed invalid by a court of 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.
D. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and 10Thoughts’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Modification. We may revise this Agreement at any time by updating this posting.
Please contact us with any questions regarding this Agreement.
If you don’t agree to the Terms & Conditions contained in this Agreement, please cease use of the Service.