Site Terms of Service Agreement
Please read these Terms of Service carefully. By registering with ThinkTQ, Inc., formerly Nine to Five Screengems, Inc., a corporation organized under the laws of the State of Colorado, hereinafter "Screengems," you accept and agree to be bound by all of the Terms of Service, without limitation or qualification.
1. DESCRIPTION OF SERVICE
This site is operated in part by one or more licensees of Screengems, who owns and maintains the services offered on this site. Screengems offers a wide variety of online products, books and services, including general and personalized content, email messaging, communication tools and forums, TeleSeminars, eBooks, audio and video files, and online and downloadable applications, hereinafter "Services," on the following terms. Some of these Services are free and some are fee based. By using the Service in any way you are agreeing to comply with these terms, which we may update from time to time without notice.
You must be at least 18 years old and competent to enter into a contract to use the Service. Any minor using the system shall do so only with the consent of a supervising parent or guardian who shall execute a Terms of Service Agreement on behalf of such minor.
Screengems has the right at any time and without notice or liability to you to change or discontinue any aspect of the Service, including the services provided, content, hours of availability, and equipment needed for access to or use of the Service.
You understand and agree that the Service is provided to you exclusively under Screengems’ Terms of Service. By completing the registration process, you are stating that you have read and understand this Terms of Service Agreement, and that you agree to be bound by these terms.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Screengems has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Screengems, has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a username and account designation upon completing the Service's registration process. You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your username and/or password. You agree that you are entirely responsible for all uses of your account, whether or not authorized by you. You agree to (a) immediately notify Screengems of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each client. Screengems cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
3. FEE-BASED SERVICE CHARGES
Certain features, content or products of this site are available be means of a purchase ("Fee-Based Services").
(a) You agree to pay, using a valid credit card which Screengems accepts, the total purchase cost including delivery when applicable or the monthly or annual subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to receive or access Fee-Based Services. Screengems reserves the right to increase prices, fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. Screengems will automatically charge your account for renewal of any site subscription. The renewal charge will be the current published rates for the term of your subscription. In the event Screengems cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services. If you purchase an annual site subscription to access Fee-Based Services and cancel at any time during that subscription year, Screengems will refund the remainder of your subscription on a pro-rata basis that will cover the unused months of your subscription (partial months will not be refunded).
(b) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.
(c) For purposes of identification and billing, you agree to provide Screengems with accurate, complete, and updated information required by the site subscription registration to the Fee-Based Services ("Registration Data"), including your name, address, telephone number(s), and applicable payment data (e.g., credit card number, e-mail address, and expiration date). You may check, following subscription help instructions, to determine whether your Registration Data is Nine to current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at Screengems’ option, result in immediate suspension or termination of your right to use the Fee-Based Services.
(d) You agree to promptly update your Registration Data, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow subscription help instructions to update your Registration Data.
4. YOUR RESPONSIBILITY FOR CONTENT
You are responsible for any content that you post or transmit on or through the Service. You agree to ensure that any content or information you provide will at all times be accurate, complete and not misleading.
You will not use the Service to distribute, link to, or solicit content that:
- is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive; or includes personally identifiable information about children;
- infringes someone else's intellectual property or infringes on any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- advocates or solicits violence or other criminal conduct;
- intentionally or unintentionally violates any applicable local, state, national or international law,
- "stalks" or otherwise harasses another; or collects or stores personal data about other users.
- promotes participation in multi-level or pyramid marketing initiatives;
- constitutes a raffle, sweepstakes, lottery, or any other form of gambling;
- specifically advertises firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal in Virginia, California, or the domicile of either the distributor or recipient;
- constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, except as Screengems specifically authorizes;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or interferes with or disrupts the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- impersonates any person or entity, including, but not limited to, a Screengems official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
- forges headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through the Service
You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Service to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. Except as we specifically authorize (via license or otherwise), you will not reproduce, distribute, or commercially exploit any part of the Service.
If you use this site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including, without limitation, the export and import regulations of other countries in relation to the Service, it's Software and Products.
5. LICENSE AND USE OF YOUR CONTENT
If you email us suggestions, ideas, proposals, business and affiliate marketing opportunities, stories, articles, reviews, blog entires, testimonials or post content in areas available to the general public, you acknowledge and agree that any public and/or private communications made to Screengems, or by means of any portion of the Service, are public and owned entirely by Screengems. All communications between you and Screengems shall be considered a public communication. Additionally, you acknowledge that you have no expectation of privacy in any public communication and no confidential, fiduciary, contractually implied or other relationship is created between you and Screengems by reason of your transmitting a public communication to any area of the Service. By transmitting any public communication to the Service, you grant to Screengems a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, publish, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such public communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such public communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, "moral rights," or any similar rights under any jurisdiction.
If you submit summary files or other materials to the Service or Screengems, you license us to display, distribute, frame, and link to that content via the Service, and warrant that you have all rights necessary to authorize the distribution and re-distribution of that content. You will provide information that we reasonably request related to any claim that your content infringes the rights of a third party.
6. MONITORING OF CONTENT
Screengems is a publisher of content and also a distributor of content supplied by third parties and users of the Service. Screengems has no editorial control over third-party or user's content.
You understand and acknowledge that Screengems neither endorses nor is responsible for the accuracy, completeness or reliability of any opinion, advice, information, or statement made on the Service by anyone other than authorized Screengems employee spokespersons while acting in their official capacities.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Screengems.
Under no circumstances will Screengems be liable in any way for any third-party content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content
Screengems does not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties. Nonetheless, Screengems has the right, but not the obligation, to monitor and review the content on the Service and your account to determine compliance with the conditions of use and operating rules established by Screengems to satisfy any law, regulation or authorized government request, or for other reasonable purposes.
If Screengems becomes aware of any use of Service which may be considered inappropriate, it will respond accordingly, which response may include, but not limited to, sharing the name and contact information of users of this Service with law enforcement agencies.
Screengems may edit, move, or delete any content on the Service (including content or communications that you have provided) for any reason. We may change or terminate the Service or any part of it without notice or liability.
Screengems may set limits regarding the Service, including limits on the length of storage of email and other user content, the number of messages going to or from a user account, the size of messages, and the total amount of storage available to a user. Screengems is not liable for the deletion or loss of messages, other communications, or other content maintained or transmitted by the Service.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
As part of the registration process, you will be asked to provide certain personal information to Screengems. Except as provided herein, Screengems agrees to use your individualized information only for internal purposes; Screengems may, however, provide your information, in an aggregate form with the information of other users, to third parties, but only in such a way that your individual privacy is protected, pursuant to the Screengems Privacy Statement.
Screengems may contact you periodically to provide you with news, other information, or offers that it believes would be of interest to you. Opt-out mechanisms are available if you prefer not to provide your information to third parties. All uses of your information will be in accordance with the provisions of Screengems Privacy Statement.
Screengems may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: comply with legal process; enforce these terms, respond to claims that any content violates the rights of third parties; protect the rights, property, or personal safety of Screengems, its users, or the public.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Screengems shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
9. LINKS TO THIRD PARTIES
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Screengems has no control over such sites and resources, you acknowledge and agree that Screengems is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Screengems shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resources.
10. YOUR LINK TO THE SERVICE
If you wish to link from your website to any of the Screengems sites, please review the Screengems Affiliate Links. You are granted a limited, non-exclusive license to create a hypertext link to other parts of the Service, provided that the link does not portray the Service, Screengems or Screengems Affiliates in a false, misleading, or defamatory way. We may revoke this license at any time.
You agree not to "frame" or "mirror" any of the contents or pages contained on or accessible from this site on any other server or Internet-based device without the advance written authorization of Screengems or its licensors, as applicable. This authorization terminates automatically, without notice to you, if you breach any of the Terms of Service.
11. SCREENGEMS SIDEBAR BUTTONS
12. TRADEMARK INFORMATION
Our trademarks identify our products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. ALL USES REQUIRE OUR WRITTEN PERMISSION.
You may never use our trademarks in the following ways:
- In a non-Screengems, product name or publication title.
- In, as, or as part of your own trademarks.
- To identify products or services that are not Screengems.
- To cause confusion.
- To suggest inaccurately that we sponsor, endorse, or are otherwise connected with your activities, products, or services.
- To disparage Screengems.
- In any other manner that Screengems or its users find offensive.
13. DISCLAIMER OF WARRANTY
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OR FROM ANY PRODUCT OBTAINED BY YOU FROM SCREENGEMS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OF ANY KIND.
SCREENGEMS MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, IT'S CONTENT OR PRODUCTS WILL BE POSITIVE OR BENEFICIAL, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
SCREENGEMS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
14. DISCLAIMER / LIMITATION OF LIABILITY
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCREENGEMS SHALL NOT BE LIABLE 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 SCREENGEMS 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.
WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
ANY HEALTH OR MEDICAL INFORMATION PROVIDED BY SCREENGEMS OR ITS MARKETING PARTNERS IS GENERAL IN NATURE AND DESIGNED TO HELP YOU DISCUSS YOUR UNIQUE MEDICAL OR HEALTH CONCERNS WITH YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER. YOU SHOULD NOT RELY ON THE INFORMATION AS A SUBSTITUTE FOR PERSONAL MEDICAL OR HEALTH CARE ADVICE, OR FOR DIAGNOSIS OR TREATMENT PURPOSES. ALWAYS CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER AS SOON AS POSSIBLE ABOUT ANY MEDICAL OR HEALTH-RELATED QUESTION.
YOU SHOULD NOT RELY ON ANY FINANCIAL OR LEGAL OR TAX INFORMATION PROVIDED BY SCREENGEMS OR ITS MARKETING PARTNERS AS A SUBSTITUTE FOR ADVICE FROM QUALIFIED TAX, LEGAL AND FINANCIAL ADVISORS.
You agree to indemnify, defend and hold harmless Screengems, its affiliates, licensees, officers, directors, employees, consultants and agents from and against any and all claims, demands, liability, damages and/or costs (including, but not limited to, investigation and attorneys’ fees) arising from your use or any user of your account of the Screengems Service or content therein, your violation of the Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
16. SCREENGEMS SOFTWARE
The Service, it's Content and any Software it incorporates or downloads to you contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by Screengems, or the owner of such proprietary information, you may not modify, sell, distribute or create derivative works based on the Service, the Content or the Software, or any other product produced by Screengems in whole or in part.
Screengems grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists with Screengems as a result of these Terms and Conditions or use of the Services. You agree not to hold yourself out as a representative, agent or employee of Screengems.
Except as otherwise specifically noted in a license agreement, Screengems provides no assistance other than the support information available on its website.
You agree that Screengems in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Screengems, in its sole discretion, believes that you have violated or acted inconsistently with the letter or spirit of this agreement. Screengems may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Screengems may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Screengems shall not be liable to you or any third-party for any termination of your access to the Service.
The Terms of Service will be governed by and construed in accordance with the laws (not the choice of Rules) of the State of Colorado, without giving effect to its conflict of laws provisions or your actual state or country of residence. You agree to submit to the jurisdiction of the courts located in Boulder County, in the State of Colorado, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Screengems Service or software.
The provisions of this Terms of Service are for the benefit of Screengems and their contractors, information providers, service providers, licensors, employees, and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf.
The Terms of Service will inure to the benefit of Screengems successors, assigns and licensees. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an Officer of Screengems.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
The failure of Screengems to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Screengems in writing.
This Terms of Service constitutes the entire agreement between you and Screengems with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of these Terms of Service. Any acknowledgment of an e-mail or other communication from you that is in any way inconsistent with, or adds to, the provisions of these Terms of Service is null and void.
Screengems can revise these Terms of Service at any time without notice by updating this posting, and you agree that your continued use of the Screengems Service after such revisions have been posted constitutes your acceptance of such revised Terms of Service.
Additional or different terms and conditions may apply when you use affiliated websites, third-party content, or third-party software. Interpretations of the Agreement and determinations that you have breached the Agreement will be made at our reasonable discretion and based on facts known to us.
Screengems may authorize or allow its contractors and other third parties to provide to Screengems and/or to you services necessary or related to making the Screengems Service available and to perform obligations and exercise rights of Screengems under these Terms of Service.
Any obligations or duties which by their nature extend beyond the termination of these Terms of Service shall survive any expiration or termination of these Terms of Service.
You must file any claim or suit related to the Service within one year after it arises.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Service and all charges related thereto.
The section titles in this Agreement are for convenience only and have no substantive effect.
19. EFFECTIVE DATE
The effective date of Service hereunder commences on the date when you first registered with any site owned or operated by Screengems.
Any written notice required hereunder shall be sent postage prepaid, TO:
- Nine to Five Screengems, Inc.
- P.O. Box 18899
- Boulder, CO 80308