In addition, your use of any Websites owned by Thresher Marketing may also be subject to the terms of any legal notice applicable to those Websites, in addition to the Terms. All such terms supplementing these Terms are referred to below as the “Additional Terms.” Where Additional Terms apply to any other Website owned by Thresher Marketing, these will be accessible for you to read either within, or through your use of, that Website.
The Terms, together with any Additional Terms, form a binding legal agreement between you and Thresher Marketing in relation to your use of this or any other Website owned by Thresher Marketing. Collectively, this legal agreement is referred to below as the “Terms.” If there is any contradiction between the Additional Terms and the Terms, then the Additional Terms shall take precedence in relation to the Website to which the Additional Terms apply.
2. Your Agreement to the Terms
YOUR ACCESS OR USE OF THIS WEBSITE OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using Thresher Marketing’s Website you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of this Website. If you do not agree to the Terms, you are not authorized to use Thresher Marketing’s Website.
3. Changes to the Terms
From time to time, Thresher Marketing may change, remove, add to or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Terms, as relevant, to this Website and indicate the date of revision. We encourage you to periodically review the Terms. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by Thresher Marketing in its sole discretion, such new and/or additional material Terms will be marked as such and will take effect 30 days after they are posted on this Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and Thresher Marketing that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of this Websites. Your continued use of this Website after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.
4. Provision of this Website Generally
Thresher Marketing makes this Website available to you on the Terms. You may only use this Website in accordance with these Terms. In particular but without limitation, you may not use this Website for any purpose that is unlawful or prohibited by these Terms, or any other conditions or notices that are made available on this Website.
5. Location of this Website
This Website is controlled and offered by Thresher Marketing from its office in the United States of America. Thresher Marketing makes no representations that this Website is appropriate or available for use in other locations. If you are accessing or using this Website from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, this Website may contain or provide links to Content hosted on websites located outside of the United States of America.
6. User Conduct
Users agree not to use this Website to:
a. Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
b. Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
c. Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt this Website or servers or networks connected to this Website, or that disobeys any requirements, procedures, policies or regulations of networks connected to this Website;
d. Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
e. Intimidate or harass another;
f. Use or attempt to use another’s account, service, or personal information;
g. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of this Website;
h. Attempt to gain unauthorized access to this Website, other accounts, computer systems or networks connected to this Website, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of this Website or any activities conducted through this Website;
i. Use any means to bypass or ignore robots.txt, or other measures we use to restrict access or use of this Website;
j. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
k. Post or transmit any personally identifiable information about persons under 18 years of age.
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand this Website (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute this Website); or, (ii) use this Website in any manner that could disable, overburden, damage or impair this Website, or interfere with any other party’s use and enjoyment of this Website.
7. Terms Relating to Content on this Website
a. Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, this Website are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that Thresher Marketing does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of this Website. You understand that by using this Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is Thresher Marketing liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via this Website.
b. Licenses Associated With Content on this Website.
i. Your Content: You retain the copyright in Content you own and that you provide on this Website. You hereby agree that all Content you own and voluntarily provide to Thresher Marketing on or through this Website may be used by Thresher Marketing or other users of this Website. If Content you own and provide is protected by copyright and you do not want Thresher Marketing or others to use your Content, then you must not provide it to THRESHER MARKETING. For the avoidance of doubt, you may otherwise license your Content on any terms or no terms at all, but upon uploading or supplying Content you own that is protected by copyright to Thresher Marketing on this Website, you are licensing such Content to Thresher Marketing or other users of this Website as provided herein in addition to any such other license that may apply to Content you own. For Content you upload onto this Website that is not owned by you, you agree that all such Content has been licensed by its owner for public use, is not copyrightable, or is in the public domain. If Content you do not own is not available under these terms, you must not provide it to Thresher Marketing.
ii. Third Party Content: Third Party Content and Third Party Websites that THRESHER MARKETING links to or embeds in this Website, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content. For Third Party Content and Third Party Websites that THRESHER MARKETING supplies, as a courtesy Thresher Marketing will take reasonable steps to clearly mark any such Third Party Content or Third Party Websites; provided, however, that THRESHER MARKETING cannot and does not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information AS-IS. We encourage you to always verify the license of any such Content before use.
iii. Content You Provide. You may only submit Content to this Website that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. Thresher Marketing may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that Thresher Marketing determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. Thresher Marketing does not endorse or support any Content posted by you or any other third party on or through this Website. You alone are responsible for creating backup copies and replacing any Content you post on this Website, and you authorize Thresher Marketing to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on this Website. You may request the removal of your Content from this Website at any time, and THRESHER MARKETING will take reasonable steps to promptly remove such Content; provided, however, that THRESHER MARKETING can remove any such Content only from its Website and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to a THRESHER MARKETING email list. If you choose to remove your Content, the Thresher Marketing license you granted when submitting such Content will remain in full force and effect in accordance with its terms.
iv. Use of Content on this Website. You may use the Content you find on this Website in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content. You represent and warrant to Thresher Marketing that you will use any and all Content on our Website in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do. By using this Website, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on this Website without your own independent evaluation of that Content. Thresher Marketing does not guarantee that Content made available on this Website does not infringe the rights of any third party.
8. Third Party Websites and Content; Links
This Website may contain links to websites not controlled by Thresher Marketing (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than Thresher Marketing (“Third Party Content”). You acknowledge that Thresher Marketing is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website, regardless of whether Third Party Websites provide the option for users to apply Thresher Marketing licenses to Content hosted on those sites, or whether any Third Party Website or Third Party Content bears a Thresher Marketing license. You further acknowledge that Thresher Marketing (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non-infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
9. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, THRESHER MARKETING OFFERS THIS WEBSITE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THIS WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THRESHER MARKETING DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THRESHER MARKETING’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THRESHER MARKETING DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
10. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL THRESHER MARKETING, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE THRESHER MARKETING PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THIS WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE THRESHER MARKETING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE THRESHER MARKETING PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THIS WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THIS WEBSITE, FOR YOUR USE OF THIS WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THIS WEBSITE OR OTHERWISE RELATING TO THIS WEBSITE.)
You agree to indemnify and hold harmless the Thresher Marketing Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the Thresher Marketing Parties from and against any and all claims brought by third parties arising out of your use of this Website and the Content you make available via this Website by any means, including without limitation through a posting, a link, reference to Content, or otherwise.
13. Copyright Complaints; DMCA Compliance
Thresher Marketing respects the intellectual property rights of others, and we prohibit users of this Website from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.
Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be “repeat infringers” of others’ copyrights.
Content hosted on Third Party Websites is the responsibility of those Websites, and not of Thresher Marketing, regardless of whether the Content bears a Thresher Marketing license. If you are the copyright owner of Content hosted on a Third Party Website, and you have not authorized the use of your Content, please contact the administrator of the hosting Website directly to have the Content removed.
14. Termination of this Agreement
These Terms and any Additional Terms will continue to apply until terminated by either you or Thresher Marketing as set out below. Your right to access and use this Website terminates automatically upon your breach of any of these Terms or Additional Terms that may apply to any of this Website.
Thresher Marketing may, at any time: (a) modify, suspend or terminate the operation of or access to any of this Website, or any portion of this Website, for any reason; (b) modify or change this Website, or any portion of this Website, and any Terms, Additional Terms and other policies governing the use of this Website, for any reason; (c) interrupt the operation of this Website, or any portion of this Website, for any reason, all as Thresher Marketing deems appropriate in its sole discretion.
Your access to, and use of, this Website may be terminated by you or by Thresher Marketing at any time and for any reason. Thresher Marketing will use reasonable efforts to notify you in advance about any material modification, suspension or termination by THRESHER MARKETING that is not caused by your breach of the Terms.
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.
15. Miscellaneous Terms
Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Thresher Marketing as a result of these Terms, any Additional Terms, or your use of any of this Website. These Terms and any applicable Additional Terms constitute the entire agreement between you and Thresher Marketing relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by Thresher Marketing from time to time) between you and Thresher Marketing. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.