Effective January 15, 2016
By accessing our Site, or when you register for, access or continue using our Service, you agree to these Terms. If you are using our Site or Service on behalf of your employer or another organization, you agree to these terms on behalf of that entity. If you cannot or do not agree to these Terms, do not use our Site or Service.
We may revise these Terms from time to time, and will always post the most current version on the Site and Service. By continuing to use or access the Site or Service after the revisions come into effect, you agree to be bound by the revised Terms.
Please be aware that certain features, plugins, content, or other parts of our Site or Services may be provided by third parties, not ThinkTank. You may also arrive at third-party sites or view content provided by third-parties through links available through our Site or Service. Your use of these features, plugins, content or services provided by third parties—including third-party links to other websites on the Internet—are not governed by these Terms. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties.
The ThinkTank Service is a powerful enterprise collaboration tool. Our Service allows you to brainstorm, plan, cooperate, and communicate with your colleagues, clients, and others. Through your use of these features, you may store notes, documents and other content that you upload to the Service. You can also message or conference with other users.
You are granted the right to use the Site and Service only for your use in accordance with your enterprise’s agreement with ThinkTank, unless specified in a separate agreement with us (e.g. an enterprise license agreement). To the extent any software (“Software”) and/or content (including, without limitation, content of other users) (“Licensed Content”) is available to you as part of the Service, such Software and Licensed Content is subject to these Terms, and is licensed, not sold or otherwise transferred to you. Any additional rights to Licensed Content must be granted to you by the Licensor.
Subject to your compliance with these Terms, ThinkTank grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use (a) the Site and Service; and (b) the Software and Licensed Content solely in conjunction with the Service. The Service may automatically update the Software and Licensed Content. Except for the limited rights expressly granted hereunder, ThinkTank and our licensors reserve all right, title and interest in and to the Service, Software and Licensed Content, including all associated intellectual property rights.
ACCOUNT TYPES AND ADDITIONAL AGREEMENTS
Guest account holders. If you access the Service as a guest, you will need to enter your email address and a user name. If you register for the Service and create an account, you must create a secure password. You agree that you are responsible for maintaining the confidentiality of your user ID and password. YOU ARE RESPONSIBLE FOR ALL ACTIVITIES THAT TAKE PLACE UNDER YOUR ACCOUNT. You represent and warrant that you will, provide accurate, up to date account information and follow these Terms when you use the Service.
Accounts managed by your employer. If you are accessing the Service through an account linked to, created or maintained by your employer or enterprise, your employer may have control over your account and additional terms may apply to your use of the Service (for example, restrictions on the type of data you may upload to the Service). We are not responsible for actions of your employer or enterprise with respect to your account and bear no responsibility for content uploaded in violation of this or any additional policy applicable to you. If you are an enterprise user you must, and you warrant that you will, comply with your enterprise’s policies related to use of the Service, including, without limitation, any applicable acceptable use and confidentiality policies.
Note that additional terms relating to payment for the Service, refunds, and other important matters are part a separate enterprise agreement. These Terms are incorporated into any enterprise agreement to which you are bound, and the terms of that enterprise agreement prevail in the event of conflict with these Terms.
PROHIBITED USES OF THE SITE AND SERVICE
In order use the Site or Service, you must be 18 years of age and fully competent to understand and agree to these Terms. You may not use the Service if you are under the age of 18. If we terminate your access to the Service due to a violation of these Terms or applicable laws, you may not re-register for the Service without our prior express written consent.
No right is granted, and you may not, without ThinkTank’s (or Licensor’s) prior written consent:
(i) download, modify, reproduce, or resell any of the Site, Service, Software or Licensed Content;
(ii) use any bot, spider, data miner, or other automated or scripted means to access, scrape, extract and/or gather data from the Site or Service, including without limitation, user information, skills data, or any other User Content (as defined below);
(iii) frame or mirror any portion of the Site or Service;
(iv) reverse engineer or decompile any Software associated with the Site or Service or assist anyone in doing so (unless such restrictions are prohibited by law);
(v) access the Site or Service for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes;
(vi) access the Service through interfaces not provided by ThinkTank; nor
(vii) interfere with the operation of the Site or Service.
Further, you warrant and covenant that:
(i) all information you provide will be accurate and not misleading;
(ii) you will not post inaccurate, harmful, hateful, obscene, discriminatory, libelous, unlawful or otherwise objectionable comments, feedback or content;
(iii) you will not post any spam or other solicitations;
(iv) you will not post anything that contains harmful code, including without limitation, viruses or worms;
(v) you will not download, store, share, disclose or distribute any content from the Service or other users without express written permission;
(vi) you will not engage in any activity designed to interfere with use of the Site or Service by other users;
(vii) you will not use the Site or Service (including, without limitation, the messaging components of the Service) to harass other users or send spam or other unwelcomed communications to other users;
(viii) you will not use the Site or Service to violate or encourage the violation of any local, state, national, or international law or regulation;
(ix) you will not, without our consent or the consent of the data subject, collect or store personal data about other users of our Site or Service or solicit personal information from any individual;
(x) you will not frame, mirror, or otherwise redisplay the content of the Service, or obscure any trademarks visible in normal use of the Service;
(xi) you will not infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships; and
(xii) you will not assist any third party in engaging in any activity prohibited by these Terms.
ThinkTank reserves the right to remove any content posted in breach of these warranties and covenants. Further, ThinkTank reserves the right to suspend, deactivate, terminate or otherwise take any reasonable action against users who violate these Terms.
YOUR USER CONTENT
Use of your User Content. When you use the Service, you may contribute content to the Service (“User Content”). As between you and ThinkTank, you (or your enterprise) will retain full ownership of your User Content. You grant ThinkTank a worldwide, perpetual, fully-paid, royalty-free, irrevocable license, to use, modify, store, host, reproduce, transmit, create derivative works, distribute, publish, and display your User Content to appropriate users and as necessary to provide the Service, in all formats and media now known or hereafter invented. You also grant the foregoing license to third parties to the extent those parties perform any of the foregoing licensed acts on our behalf (e.g., service providers). You agree that we will need no additional consent from you to use your User Content in accordance with these Terms. If we would like to use your User Content in new ways not permitted by this paragraph, or if your consent is required by law, we will obtain the appropriate consent from you.
When you upload User Content, you represent and warrant that you have the right to upload such User Content and that we may use such User Content as described herein.
Feedback. Any feedback, improvements, comments, or suggestions you may provide regarding ThinkTank, the Site, Service, Software and/or Licensed Content (“Feedback”) is entirely voluntary, and you grant ThinkTank a perpetual, irrevocable, fully-paid, royalty-free worldwide license, including the right to sublicense, to use, reproduce, display, perform, modify, store, publish, transmit, and distribute such Feedback without any compensation to you or others.
Responsibilities. You are solely responsible for your User Content. It is your responsibility to ensure that you have all rights and permissions with respect to your User Content, and to avoid infringement or violation of any rights of others, including without limitation, your confidentiality obligations to your employer or others. You acknowledge that we have no obligation to monitor any information on the Service and that we are not responsible for the accuracy, completeness, appropriateness, safety or legality of your User Content or any other information or content you may be able to access using the Service. You agree to indemnify and hold ThinkTank, its affiliates, licensors and agents harmless from all claims based on your User Content, your access and use of content of others and/or your use of the Service.
Our Rights. We reserve the right to remove from the Service, with or without notice to you, any User Content which we determine, in our sole discretion, to be in violation of these Terms, or if we believe we are legally required to do so. We are not liable in any way for the disclosure to or unauthorized access by other users to any User Content made available to others during a brainstorming session.
YOUR ACCESS TO OTHERS’ CONTENT
You may have access to information and content of others when you use the Service. You may not copy, upload, download, or share any information or content using the Service unless you have the right to do so. You will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Service.
We do not review or curate the content posted by other users. As such, you may be served inaccurate, offensive, illegal, hateful, or misleading content or information. You agree that ThinkTank is not responsible for such content or information or your use of such content or information.
MODIFICATIONS, INTERRUPTION AND TERMINATION
The Service will continue to evolve as we refine features and functionality. We may terminate, suspend, or modify the Service, in general or with respect to you, from time to time without cause and without liability to you. Such reasons may include, without limitation, for example, our inability to provide a feature or component of the Service due to changes in technology or license rights, or our determination that certain portions of the Service are not commercially feasible to maintain.
You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Site or Service, or that operation of our Site or Service will be uninterrupted or error free. You understand that usage of our Site or Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
You may stop using our Site or Service any time. Except as provided in any additional agreements, we reserve the right, in our sole discretion, to limit, suspend, revoke or delete your account, with or without notice, and with or without cause. Reasons for such action may include, without limitation, violation of these Terms, failure to use the Service for an extended period of time, or our determination that your continued use may damage our business or reputation.
You acknowledge that if your access to the Service is suspended. revoked, or otherwise removed you may no longer have access to your User Content, and that if your account is terminated, we may delete all content and files associated with your account unless we are legally required to maintain it. Under the terms of our license to your User Content (above) we reserve the right to retain your User Content for so long as we deem necessary, and indefinitely, if such content is in use by another User, or alternately we may delete your User Content when your account is terminated.
INTELLECTUAL PROPERTY RIGHTS
All content, skills, materials, layout, organization, design, graphics, logos, service marks, trademarks, and trade dress on the Site and/or provided as part of the Service, are protected by the intellectual property rights of ThinkTank and its licensors (including, without limitation, copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws), and may not be used without prior written consent of the owner. All rights are reserved.
The Service may contain links to websites or resources of others. We do not endorse and are not responsible or liable for their accuracy, availability, content, products, services or anything else. You are solely responsible for your use of any such websites or resources. If we provide you with any software under an open source license, there may be provisions in those licenses that conflict with these Terms, in which case the open source provisions will apply with respect to the code to which those provisions apply.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS.
WE DO NOT WARRANT THE AVAILABILITY OF THE SITE OR SERVICE, OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL EFFECTS, AND MAKE NO REPRESENTATION REGARDING CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY OR CURRENCY OF ANY THE FOREGOING. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE AND SERVICE, INCLUDING LOSS OF DATA, OR DAMAGE TO YOUR COMPUTER, DEVICES OR OTHER EQUIPMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST DATA, INCOME, REVENUE OR PROFITS) RESULTING FROM YOUR USE (OR MISUSE) OF, OR INABILITY TO USE, THE SITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. WE WILL NOT BE LIABLE FOR THE LOSS OF OR UNAUTHORIZED ACCESS TO, OR ANY PRIVACY VIOLATIONS ARISING FROM INFORMATION DISCLOSED TO OTHERS BY USERS OF THE SITE OR SERVICE.
If you are a resident of California, you acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1532 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that any material on the Site or the Service infringes your copyright, please notify us (contact information below) requesting that the infringing material be removed. The notice must contain the following information:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) identification of the allegedly infringing material and its location on the Service;
(iv) information reasonably sufficient to permit us to contact the complaining party, including, if available, an email address;
(v) 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 the law; and
(vi) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
Upon receiving such a notice, we will follow the procedures set forth in the Digital Millennium Copyright Act (17 U.S.C. § 512). Notices for should be sent to:
1433 17th St. Ste. 200
Denver, CO, 80202
Attn: Legal – DMCA
The laws of the State of Colorado govern these Terms and any claims arising out of or relating to use of the Services, without giving effect to any choice of law rules. With the exception of any matters subject to arbitration as described above, the federal and state courts located in Denver, Colorado will serve as the venue for any actions brought, or claims made, arising out of your use of our Site or Service.
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
CHANGES TO THESE TERMS
We reserve the right, at any time, to modify, alter, or update these Terms at any time without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Site or Service, without further notice to you. Your continued use of our Site or Service after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.
Assignment – These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms are not assignable or transferable by you without the prior written consent of ThinkTank. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise.
Integration – These Terms (including all of the policies described in these Terms, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
Waiver – No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
Severability – If any provision of these Terms is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of ThinkTank.
Limitation – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Sites or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Attorney’s Fees – To the extent permitted under applicable law, the prevailing party in any proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal.
Force Majeure – ThinkTank will not be liable for any failure or deficiency in the performance or availability of the Site or Service by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider, fire, terrorism, natural disaster or war.
Except as otherwise set forth in these Terms, you should direct any legal notice in connection with the Service to: ThinkTank, 1433 17th St. Suite 200, Denver, CO, 80202, attn: Legal, or at email@example.com