The social share image creation, management and distribution tool (the “Services”) provided on https://sharethumb.io/ (the “Site”) by 4Site Interactive Studios, Inc. (“4Site”, “Company”, “us”, “our” and “we”) subject to the terms and conditions set forth herein.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 7.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site and use the Services subject to limits on use as set by the Company at its discretion from time to time.
1.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, or assign the Site or Services, whether in whole or in part; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Service; (c) you shall not access the Site or use the Service in order to build a similar or competitive website, product, or service; (d) except as expressly stated herein, no part of the Site or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall not use the Site or Services in any manner that violates the rights of any third parties (including, but not limited to, copyright or right of publicity). Unless otherwise indicated, any future release, update, or other addition to functionality of the Site or Service shall be subject to these Terms including premium features for which there may be a fee charged.
1.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Service (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or Service or any part thereof.
1.4 Support and Maintenance. You acknowledge and agree that Company may, but is not required to, provide support or maintenance in connection with the use of the Site or Service.
1.5 Ownership. Excluding any User Content that you may create using the Service (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Site, Service are owned by Company. Neither these Terms (nor your access to the Site or use of the Service) transfers to you or, any third party, any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
1.6 User Content. “User Content” means any and all content that you create using the Service (e.g., captured screen image of a website). You are solely responsible for your User Content. You assume all risks associated with use of any User Content, including any reliance on its accuracy, completeness or usefulness to others. You may not represent or imply to others that the conversion of the User Content is in any way sponsored or endorsed by Company. While the Company may retain any User Content, or the resulting conversion, you upload to the Services, you are solely responsible for creating and maintaining your own backup copies of your User Content, or the conversions thereof, if you so desire.
1.7 User Content License and Rights. By using the Service, you grant Company the worldwide, non-exclusive, royalty-free, sublicensable and transferable license to the User Content for in connection with the Services including the right to reproduce, distribute, display and transmit it. You are legally responsible for the User Content you upload and transmit through the Service. Company may analyze User Content to help detect infringement and abuse, such as spam, malware, and illegal content. The licenses granted by you to the Company continue for a commercially reasonable period of time after you remove or delete the User Content from the Service. You may remove User Content from the Site and Service at any time. However, you understand and agree that Company may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted.
1.8 Privacy. For quality control and to provide you analytics as well as other uses, Company may retain data from the User Content created using the Service. Company uses commercially reasonable methods to secure the data it retains. For your own safety, Company recommends that you not upload any personally identifiable or highly sensitive information to this Service (“Confidential Information”) through the Site. In the event that you do, Company is not responsible for the Confidential Information and shall not be liable for damages directly or indirectly caused by any disclosure of Confidential Information. Additionally, the transmission of any information via the internet and mobile networks is not entirely secure. Any transmission is at your own risk.
1.9 Feedback. If you provide Company with any feedback or suggestions regarding the Site or Service (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
1.10 Fees and Payments. Some elements of the Services will be made available on a gratis basis (“Standard Features”) while other elements will be made available for a fee (“Premium Features”). Other than this provision, all terms and conditions contained herein apply to both Standard Features and Premium Features. All fees for the license of Premium Features (“License Fees”) or support services (“Support Fees”) License Fees and Support Fees are payable in advance in the manner set forth by Company and are non-refundable. Any renewal of the license or maintenance and support services hereunder shall not be effective until the fees for such renewal have been paid in full.
1.11 Removal of User Content. You agree and acknowledge that Company may remove or take down User Content if Company becomes aware or reasonably believes that any User Content (a) is in breach of this Agreement or (b) may cause harm to the Company, its Site or the Service. 2. Representation and Warranties. You represent and warrant that you have all the rights and licenses to the User Content, and such User Content shall not infringe or violate any third-party rights, including without limitation any intellectual property, privacy and publicity rights. Further, your use of the Services will be in compliance with all applicable laws, rules and regulations, including without limitation laws on privacy and data security, unsolicited messaging, unfair or deceptive practices. You have obtained all necessary consents, approvals or other authorizations or permissions for the transmission of the User Content to third parties.
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Service, (b) your violation of these Terms, (c) your violation of applicable laws, including copyright or other intellectual property laws, or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site or Service (including any interactions with, or act or omission of any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY THEM MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR.”
THE SITE AND SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE AND SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Subject to this Section, these Terms will remain in full force and effect while you use the Site or Service. We may suspend or terminate your rights to use the Service at any time for any reason at our sole discretion, including for any use of the Site or Service in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Service will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2 through 1.5, Section 1.8, Sections 2 through 6, Section 7.2.
7.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we will notify you by prominently posting notice of the changes on our website. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on the Service’s website. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
7.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including breach, termination or validity thereof, as well as from use of the Service shall be finally resolved by arbitration. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court. This provision will survive the termination of your relationship with Company.
7.3 Jurisdiction and Venue. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in the District of Columbia for such purpose.
7.4 Export. The Site or Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
7.5 VAT and Tariffs. You shall be responsible for any fees, taxes or tariffs any governmental agency or authority imposes on you for the use of this Service.
7.6 Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or Service or send us emails, or whether Company posts notices on its Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
7.7 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site and Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The terms and conditions set forth in these Terms shall be binding upon assignees.
7.8 Contact Information
For information about how to contact us please visit https://4sitestudios.com/sharethumb