The THiNKtech website and all its ancillary products (Service) is a hosted service operated
by
THiNKtech Solutions, LLC.. (“THiNKtech”). Any use of the Service is subject to the following
Terms and Conditions of Service. Your use of the Service will constitute your acceptance of
these Terms of Service.
- Your THiNKtech Account and Data. If you create an account on the Service, you are
responsible
for maintaining the security of your account and data, and you are fully responsible for
all
activities that occur under the account. You must notify THiNKtech immediately of any
unauthorized uses of your data, your account or any other breaches of security.
THiNKtech
will not be liable for any acts or omissions by you, including any damages of any kind
incurred as a result of such acts or omissions. THiNKtech may from time to time set
storage
limits for your data, or take any other measures it considers appropriate to manage the
Service. THiNKtech may also from time to time change its policies on offering commercial
content or displaying advertising, and may do this without notice.
- Upgraded
Memberships. Users have the option to purchase additional features or functionality for
their THiNKtech account (“upgraded membership”). These upgraded memberships may be
purchased
by paying a recurring subscription fee. The terms stated below will govern your
participation in these programs.
- Subscription Cancellation by You: If you have purchased a recurring upgraded
membership
subscription, you may end your upgraded membership at any time. When you choose
to
end
your upgraded membership subscription, your membership subscription does not
renew
on
the next auto-renewal date. You may continue to enjoy your upgraded membership
benefits
until that date, after which your account will be automatically downgraded.
- Cancellation by Us: We may cancel your subscription at any time for any reason,
with
or without prior notice.
- Price changes: THiNKtech may change the price for
subscriptions from time to time. THiNKtech will communicate any price changes to
you
in
advance and, if applicable, how to accept those changes. Price changes will take
effect
at the start of the next subscription period following the date of the price
change.
As
permitted by local law, you accept the new price by continuing to maintain your
THiNKtech subscription after the price change takes effect. If you do not agree
with
the
price changes, you have the right to reject the change by unsubscribing prior to
the
price change going into effect. Please therefore make sure you read any such
notification of price changes carefully.
- Prohibited Content and
Activities, and Responsibility of Contributors. If you create content, and/or, post
material or links to the Service, or otherwise make material available by means of the
Service (referred to collectively as “Content”), you are entirely responsible for the
composition of, and any harm resulting from, that Content. That is the case, regardless
of whether the Content in question constitutes text, graphics, audio files, computer
software or any other format in which THiNKtech stores data.
-
The purpose of the Service is improve teaching and student learning, and users are
asked to post only
education-related Content. The following are examples of the kind of Content that is
illegal or
prohibited to post on or through the Service. THiNKtech reserves the right to
investigate and take
appropriate legal action against anyone who, in THiNKtech ‘s sole discretion, violates
this provision,
including without limitation, removing the offending Content from the Service and
terminating the
accounts of such violators. Prohibited Content includes, but is not limited to, Content
that, in the
sole discretion of THiNKtech:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of
any kind against any class or individual;
- harasses or advocates
harassment of another person;
- exploits people in a sexual or violent
manner;
- contains sexually suggestive, excessively violent, or offensive
subject matter;
- solicits personal information from anyone under 18 years
old;
- publicly posts information that poses or creates a privacy or
security risk to any person;
- includes information about another person
that you have posted without that person’s consent;
- violates the privacy
rights, publicity rights, copyrights, trademark rights, contract rights or any
other rights of any person;
- contains or promotes information that you
know is false or misleading, or promotes illegal activities or conduct that are
abusive, threatening, obscene, defamatory or libelous;
- contains or
promotes an illegal or unauthorized copy of another person’s copyrighted
work;
- solicits passwords or personally-identifying information for
commercial or unlawful purposes from other users;
- involves the
transmission of junk mail, chain letters, unsolicited mass mailings or instant
messages, or spam;
- furthers or promotes any criminal activity or
enterprise, or provides instructional information about illegal activities
including, but not limited to, making or buying illegal weapons, violating
someone’s privacy, or providing or creating computer viruses;
- involves
commercial activities and/or sales without prior written consent from THiNKtech,
such as contests, sweepstakes, bartering, advertising, or pyramid schemes.
-
The following are examples of the kind of activity that is illegal or prohibited
on
the Service.
THiNKtech reserves the right to investigate and take appropriate legal action
against
anyone who, in
THiNKtech ‘s sole discretion, violates this provision, including without
limitation,
reporting you to
law enforcement authorities. Prohibited activity includes, but is not limited
to:
- criminal or tortious activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling, harassment,
stalking, spamming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
- circumventing or modifying, attempting to circumvent or modify, or
encouraging or assisting any other person in circumventing or modifying
any security technology or software that is part of the Service;
- impersonating or attempting to impersonate another user, person or
entity;
- using the account, username, or password of another user
at any time, or disclosing your password to any third party, or
permitting any third party to access your account;
- using any
information obtained from the Service in order to harass, abuse, or harm
another person or entity, or attempting to do so;
- activity that
involves the use of viruses, bots, worms, or any other computer code,
files or programs that interrupt, destroy or limit the functionality of
any computer software or hardware, or otherwise permit the unauthorized
use of, or access to, a computer or a computer network;
- any
automated use of the system, such as, but not limited to, using scripts
to create or post Content;
- interfering with, disrupting, or
creating an undue burden on the Service or the networks or services
connected to the Service;
- displaying an unauthorized commercial
advertisement on the Service, or accepting payment or anything of value
from a third party in exchange for your performing any commercial
activity through the unauthorized or impermissible use of the Service on
behalf of that party;
- reproducing, duplicating, copying,
selling, reselling, trading, or exploiting for any commercial purposes,
any portion of, or access to, the Content and/or functionality offered
through the Service, unless you have been specifically allowed to do so
in a separate agreement;
- using the Service in a manner
inconsistent with any and all applicable laws and regulations.
-
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe
the proprietary rights, including but not limited to the
copyright, patent, trademark or trade secret rights, of any
third party;
- if your employer has rights to intellectual
property you create, you have either (i) received permission
from your employer to post or make available the Content,
including but not limited to any software, or (ii) secured from
your employer a waiver as to all rights in or to the
Content;
- you have fully complied with any third-party
licenses relating to the Content, and have done all things
necessary to successfully pass through to end users any required
terms;
- the Content does not contain or install any
viruses, worms, malware, Trojan horses or other harmful or
destructive material;
- the Content is not spam, and does
not contain unethical or unwanted commercial material designed
to drive traffic to third party sites, to boost the search
engine rankings of third party sites, to enable unlawful acts
(such as phishing) or to mislead recipients as to the source of
the material (such as spoofing);
- the Content is not
obscene or libelous, and does not violate the privacy or
publicity rights of any third party; and
- you have, in
the case of Content that includes computer code, accurately
categorized and/or described the type, nature, uses and effects
of the materials, whether requested to do so by THiNKtech or
otherwise.
- By submitting Content to
THiNKtech for inclusion on the Service, for example posting a
lesson plan or sorting activity, you grant THiNKtech a
world-wide, perpetual, royalty-free license (with right to
sublicense) to use, copy, reproduce, process, adapt, modify,
publish, transmit, display, and distribute such Content in any
and all media or distribution methods (existing or subsequently
developed).
- Responsibility of Service Visitors.
THiNKtech has not reviewed, and cannot review, all Content
posted to the Service, and cannot therefore be responsible for
that material’s content, use or effects. By operating the
Service, THiNKtech does not represent or imply that it endorses
the material posted thereon, or that it believes such material
to be accurate, useful or non-harmful. You are responsible for
taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other
harmful or destructive material. The Service may contain
material that is offensive, indecent, or otherwise
objectionable, as well as Content in which technical
inaccuracies, typographical mistakes, and other errors may be
present. The Service may also contain material that violates or
infringes the intellectual property and other proprietary rights
of third parties, or of which the downloading, copying or use
may be subject to additional terms and conditions, stated or
unstated. THiNKtech disclaims any responsibility for any harm
resulting from the use by visitors of the Service, or from any
downloading by those visitors of content posted thereon.
- Copyright Infringement. As THiNKtech asks others to respect
its intellectual property rights, it respects the intellectual
property rights of others. If you believe that material located
on or linked to by THiNKtech violates your copyright, you are
encouraged to notify THiNKtech immediately. THiNKtech will
respond to all such notices, including by removing the
infringing Content or disabling all links to the infringing
Content, as required or appropriate. In the case of a visitor
who may infringe, once or repeatedly, the copyrights or other
intellectual property rights of THiNKtech or others, THiNKtech
may, in its discretion, terminate or deny access to, or use of,
the Service. In the case of such termination, THiNKtech will be
under no obligation to provide a refund of any amounts
previously paid to THiNKtech
- Changes. The Service,
including without limitation all content there available and
these Terms of Service, may be changed at the sole discretion of
THiNKtech and without notice. You are bound by any such updates
or changes, including but not limited to those affecting these
Terms of Service, and as such, you should periodically review
these Terms of Service.
- Limitation of liability of
THiNKtech, its suppliers and its licensors. Except as otherwise
expressly stated, in no circumstance will THiNKtech, its
suppliers or its licensors be liable to you or any other party
for any direct, indirect, special, consequential or exemplary
damages, regardless of the basis or nature of the claim,
resulting from any use of the Service, or the contents thereof
or of any hyperlinked website including without limitation any
lost profits, business interruption, loss of data or otherwise,
even if THiNKtech, its suppliers or its licensors were expressly
advised of the possibility of such damages. In no event will the
aggregate liability for any and all of your claims against
THiNKtech, its suppliers and its licensors arising from, or
related to, use of the Service, or the contents thereof, or of
any hyperlinked website, exceed the amounts actually paid by you
to ThinkTech during the 12-month period prior to the date a
claim is made. Some jurisdictions may not allow the exclusion or
limitation of liability for certain incidental or consequential
damages, so some of the above limitations may not apply to you.
- Indemnification. You agree to defend, indemnify and
hold harmless THiNKtech, its contractors, and its licensors, and
their respective directors, officers, employees and agents from
and against any and all claims and expenses, including
attorneys’ fees, arising from your use of the Service, including
but not limited to, any violation of any representation or
warranty contained in these Terms of Service.
- Miscellaneous. These Terms of Service constitute the entire
agreement between THiNKtech and you concerning the subject
matter hereof, and they may only be modified by a written
amendment signed by an authorized executive of THiNKtech, or by
the posting by THiNKtech of a revised version. If any part of
these Terms of Service is held invalid or unenforceable, that
part will be construed to reflect the parties’ original intent,
and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of these Terms
of Service or any breach thereof, in any one instance, will not
waive such term or condition or any subsequent breach thereof.
You may assign your rights under these Terms of Service to any
party that consents to, and agrees to be bound by, its terms.
THiNKtech may assign its rights under these Terms of Service
without condition. These Terms of Service will be binding upon
and will inure to the benefit of the parties, their successors
and permitted assigns.