Terms of Use
By checking the box indicating your acceptance of the Terms of Use, you represent that (a) you have read, understood and agree to be bound by the Terms of Use and (b) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care who is at least 14 years old. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Service.
Terms of Use
Services Provided
No Thumbs is a social networking service that allows members to create animal profiles online in order to communicate with other animals. The services offered by No Thumbs, LLC ("No Thumbs” or “we") includes the animal-internet.com website (the “Website") and any other features, content, or applications offered from time to time by No Thumbs in connection with the Website (collectively, the “Services").
Terms of Use Agreement
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement whether you are a just visiting the site (a “Visitor") or you register to use the site (a “Member"). “User” refers to both Visitors and Members. You are only authorized to use the Services if you agree to abide by all applicable laws and this Agreement.
No Thumbs may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. This Agreement shall remain in full force and effect while you use the Services and/or are a Member.
No Thumbs reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that No Thumbs shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
No Thumbs reserves the right, in its sole discretion, to reject, refuse to post, or to remove any posting (including private messages), or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
Participation in the No Thumbs Community
Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Services does not violate any applicable law or regulation.
The Services are not designed for Children who are aged 13 and under. No child aged 13 or under may participate in the Service. Children between the ages of 14 and 18 may only participate in the Service if a) they have their parents permission; b) there parents complete the registration process on their behalf; and c) their parents agree to take responsibility for their use of the service.
When you sign up to become a Member, you will also be asked to choose a password. You must keep your password confidential. You agree not to disclose your password to any third party. You are solely responsible for any and all use of your account.
The Services are for the User’s personal use only and may not be used in connection with any commercial activities, including but not limited to linking to commercial websites and collecting email address of members for the purpose of sending unsolicited email.
You agree that No Thumbs may, without prior notice, immediately terminate your No Thumbs account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities (h) any conduct or action which violates the rights of any other person or entity including any right of publicity, privacy, copyright, trademark, patent, trade secret, and/or confidentiality, and/or (i) nonpayment of any fees owed by you in connection with the Services. You agree that all terminations shall be made in No Thumbs’ sole discretion and that No Thumbs shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Fees
No Thumbs does not charge for membership at this time. However, you acknowledge that No Thumbs reserves the right to charge for its Services and may from time to time change its fees.
Content
When you give No Thumbs material, including but not limited to text, movies, music, pictures and graphics (the “Content"), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in the Content, in any media known now or in the future. Without this license, No Thumbs cannot host or display your content.
You represent and warrant that: (i) you own all of the Content posted by you or otherwise have the right to grant the license described above, and (ii) the Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted or sent by you.
Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.
Community Standards
No Thumbs may delete any Content that in the sole judgment and discretion of No Thumbs violates this Agreement or which may be offensive, illegal and/or violate the rights, harm, and/or threaten the safety of any person. No Thumbs assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time No Thumbs chooses, in its sole discretion, to monitor the Services, No Thumbs assumes no responsibility or obligation to modify the Content or conduct of the Users.
No Thumbs does not endorse and has no control over the Content. The Content does not necessarily reflect the opinions or policies of No Thumbs and it makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content.
You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members, and for your interactions with other Users.
Prohibited Content and Conduct
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. No Thumbs reserves the right to investigate and take appropriate legal action against anyone who, in No Thumbs’ sole discretion, violates this provision, including without limitation removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to anything that:
Illegal and Offensive Activities
1. •contains nudity, violence, or other offensive subject matter;
2. •promotes racism, bigotry, hatred or physical harm of any group or individual;
3. •harasses or advocates harassment of another person;
4. •solicits personal information from anyone under 18;
5. •is criminal or tortious activity, including anything abusive, threatening, obscene, defamatory or libelous; child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; or anything which uses the Services in a manner inconsistent with any and all applicable laws and regulations; •promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protection devices, or providing pirated music or links to pirated music files;
•involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
Commercial Activities
1. •involves commercial activities including, but not limited to, sales, contests, sweepstakes, barter, advertising, or pyramid schemes;
2. •contains a link to an adult website;
3. •covers or obscures the banner advertisements anywhere on the No Thumbs website;
4. •automates the use of the system, such as using scripts to add Users or send comments or messages;
5. •interferes with, disrupts, or creates an undue burden on the Services or the networks or services connected to the Services;
As a User of the Services, you expressly acknowledge that the following activities are forbidden on the Services and your account may be terminated or suspended for any of the following:
1. •using the account, username, or password of another Member or impersonating another member, a No Thumbs’ employee, or any other person or entity at any time;
2. •disclosing your password to any third party or permitting any third party to access your account;
3. •selling or otherwise transferring your account except as permitted by the Website;
4. •using any information obtained from the Services in order to harass, abuse, or harm another person;
•promoting information that you know is false or misleading.
Copyright and Repeat Infringer Policy
Use of the Services is governed by our Copyright and Repeat Infringer Policy, which is incorporated into this Agreement by this reference.
Privacy Policy
Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Intellectual Property
The Services contain No Thumbs’ marks, content, software and other intellectual property ("No Thumbs Content"). No Thumbs Content is protected by copyright, trademark, patent, trade secret and other laws, and No Thumbs owns and retains all rights in the No Thumbs Content and the Services.
U.S. Export Controls
Software available in connection with the Services (the “Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Indemnity
You agree to indemnify and hold No Thumbs and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your No Thumbs account), use of the Service, or access to the Service.
External Links and Advertisers
The Service, its advertiser, and/or third parties may provide links to other World Wide Web sites, resources, or information. Because No Thumbs has no control over such sites, resources, or information you acknowledge and agree that No Thumbs is not responsible for the availability of such external sites, resources, or information and does not endorse and is not responsible or liable for any content or transactions that arise there from.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO THUMBS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO THUMBS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NO THUMBS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
1. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO THUMBS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NO THUMBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, IN NO EVENT SHALL YOU BE ENTITLED TO ENJOIN OR RESTRAIN THE SERVICES.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this agreement.
Governing Law
This Agreement shall be governed in all respects by the laws of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.
Forum Selection
You agree that any claim or dispute you may have against No Thumbs must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
Waiver and Severability of Terms
The failure of No Thumbs to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement or the incorporated policies is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
