Terms of Service
ACCEPTANCE OF TERMS
MODIFICATIONS TO THIS AGREEMENT
We may modify these terms and conditions at any time and such modifications shall become effective immediately upon posting. You can find the most recent version of the TOU at: thankfulregistry.com/terms-of-service
You understand that all postings, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Thankful Registry does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Thankful Registry site and Content available through the Service may contain links to other websites, which are completely independent of Thankful Registry. Thankful Registry makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree to bear all risks associated with the use of any Content. Under no circumstances will Thankful Registry be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Thankful Registry does not pre-screen or approve Content, but that Thankful Registry shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
THIRD PARTY CONTENT, SITES, AND SERVICES
The Thankful Registry site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Thankful Registry, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with companies and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations, sites, and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Thankful Registry shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and users, sites, or any third party, you understand and agree that Thankful Registry is under no obligation to become involved. In the event that you have a dispute with one or more third party, sites, or organizations, you hereby release Thankful Registry, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Thankful Registry is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Thankful Registry's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at
firstname.lastname@example.org or:Copyright Agent
Thankful Group LLC c/o Northwest Registered Agent
90 State St
STE 700 Office 40
Albany NY 12207
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Thankful Registry has adopted a policy of terminating, in appropriate circumstances and at Thankful Registry’s sole discretion, users who are deemed to be repeat infringers. Thankful Registry may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
PRIVACY AND INFORMATION DISCLOSURE
You acknowledge and agree that Thankful Registry may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Thankful Registry, its users or the general public.
You agree not to post, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in actual sexual conduct;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, a Thankful Registry employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- that includes personal or identifying information about another person without that person's explicit consent;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if: posted in areas of the Thankful Registry sites which are not designated for such purposes; or emailed to Thankful Registry users who have not indicated in writing that it is permissible to contact them about other services, products or commercial interests.
- that includes links to commercial services or web sites, except as allowed in "services";
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by New York law.
- 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;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- digitally harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Thankful Registry;
- post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to Thankful Registry's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Thankful Registry website; or
- use any form of automated device or computer program that enables the submission of postings on Thankful Registry without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
- use any form of automated device or computer program that enables the use of Thankful Registry's "purchasing system" or other registry system without each item being manually entered by the person that initiates the purchase, or use the “purchase tool” to remove items of competitors, or to remove items without a good faith belief that the items being flagged violates these TOU;
ACCESS AND USE OF THE SERVICE
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Thankful Registry 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 session when accessing the Service. Thankful Registry will not be liable for any loss or damage arising from your failure to comply with this Section.
General Practices Regarding Use and Storage: You acknowledge that Thankful Registry may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that registries, data or other content will be retained by the Service and the maximum storage space that will be allotted on Thankful Registry’s servers on your behalf. You agree that Thankful Registry has no responsibility or liability for the deletion or failure to store any data or other content maintained or posted to the Service. You acknowledge that Thankful Registry reserves the right to terminate accounts that are unpaid or inactive for an extended period of time. You further acknowledge that Thankful Registry reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Thankful Registry Service Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to make an individual payment or select a payment plan and provide Thankful Registry information regarding your credit card, PayPal information or other payment instrument. For example, users will be charged a service fee (“Service Fees”) for the registry service and registry account. You represent and warrant to Thankful Registry that any payment information you provide is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Thankful Registry the amount that is specified in the Service or payment plan in accordance with the terms of such plan and this Terms of Service. If you dispute any charges or Service Fees you must let Thankful Registry know within sixty (60) days after the date that Thankful Registry charges you. We reserve the right to change Thankful Registry’s prices. If Thankful Registry does change its Service Fees, Thankful Registry will provide notice of the change on the Site or in email to you, at Thankful Registry’s option, at least 30 days before the change is to take effect. Your continued use of the Service after a fee change becomes effective constitutes your agreement to pay the changed amount.
Special Notice for International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
You understand and agree that sending unsolicited email advertisements to Thankful Registry email addresses or through Thankful Registry computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers. Any unauthorized use of Thankful Registry computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. å¤ 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
LIMITATIONS ON SERVICE
You acknowledge that Thankful Registry may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of registered items, images, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Thankful Registry has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Thankful Registry reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Thankful Registry shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ACCESS TO THE SERVICE
Thankful Registry grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Thankful Registry.
TERMINATION OF SERVICE
You agree that Thankful Registry, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Thankful Registry believes that you have acted inconsistently with the letter or spirit of the TOU. Thankful Registry 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 Terms of Service may be effected without prior notice, and acknowledge and agree that Thankful Registry 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 Thankful Registry shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Thankful Registry. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Thankful Registry, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. The Thankful Registry logo is a registered mark in the U.S. Patent and Trademark Office.
Although Thankful Registry does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Thankful Registry an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Thankful Registry all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE THANKFUL REGISTRY SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE THANKFUL REGISTRY SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THANKFUL REGISTRY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE THANKFUL REGISTRY SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THANKFUL REGISTRY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE THANKFUL REGISTRY SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE THANKFUL REGISTRY SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THANKFUL REGISTRY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE THANKFUL REGISTRY SITE OR THE SERVICE.
THANKFUL REGISTRY MAKES NO WARRANTY THAT (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THANKFUL REGISTRY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THANKFUL REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE THANKFUL REGISTRY SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM (I) USE OR MISUSE OF THE THANKFUL REGISTRY SITE OR THE SERVICE; (II) THE USE OR THE INABILITY TO USE THE SERVICE; (III) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE THANKFUL REGISTRY SITE OR THE SERVICE; (IV) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY ITEMS, GOODS, PRODUCTS, OR SERVICES NOT AVAILABLE FOR PURCHASE THROUGH THIRD PARTY SITES; (V) DAMAGE TO PERSONAL OR REAL PROPERTY CAUSED BY A USER OF THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THANKFUL REGISTRY SITE OR THE SERVICE OR ANY LINKS ON THE THANKFUL REGISTRY SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THANKFUL REGISTRY SITE OR THE SERVICE OR ANY LINKS ON THE THANKFUL REGISTRY SITE, OR ANY OTHER MATTER RELATING TO THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL THANKFUL REGISTRY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THANKFUL REGISTRY ($30).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree to indemnify and hold Thankful Registry, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, link to or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The TOU constitute the entire agreement between you and Thankful Registry and govern your use of the Service, superseding any prior agreements between you and Thankful Registry. The TOU and any claim arising there from shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Thankful Registry agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York, Unite States of America. The failure of Thankful Registry to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 the TOU remain in full force and effect. 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 the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: email@example.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We welcome your questions and comments on this document by email at firstname.lastname@example.org