1. Accepting the Terms of Service Please read these Terms of Service and our Community Guidelines (collectively, the "Agreement") carefully before using Thisisms.com (the "Site") and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by Thisisms, Inc. (all of those collectively with the Site, the "Services") (Thisisms, Inc., a California LLC, collectively with its agents, representatives, consultants, employees, officers, and directors, "Thisisms," "we," or "us"). By using or accessing the Services, you ("Subscriber" or "you") agree to be bound by all the terms and conditions of this Agreement. If you don't agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services.
This section also includes an agreement where you're agreeing to agree to the terms of this agreement. 2. Modifications to this Agreement Thisisms reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification on your Thisisms Dashboard or in our mobile applications). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Thisisms received your prepayment.
As Thisisms grows and improves, we might have to make changes to these Terms of Service. When we do, we'll let you know. We're also going to make it a practice to post old versions so it's easy to see changes/additions/deletions. To see old versions, scroll down to the end of this document. 3. Use of the Services Eligibility:
No individual under the age of thirteen (13) may use the Services, provide any personal information to Thisisms, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). You may only use the Services if you can form a binding contract with Thisisms and are not legally prohibited from using the Services.
You have to be at least 13 years old to use Thisisms. We're serious: it's a hard rule, based on U.S. federal and state legislation. “But I'm, like, 12.9 years old!” you plead. Nope, sorry. If you're younger than 13, don't use Thisisms. Ask your parents for a Playstation 4, or try books. Service Changes and Limitations:
The Services change frequently, and their form and functionality may change without prior notice to you. Thisisms retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Thisisms may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Thisisms may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Thisisms may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Thisisms and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Thisisms (and only pursuant to those terms and conditions) or unless permitted by Thisisms's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Don't do bad things to Thisisms or to other users. Some particularly egregious examples of "bad things" are listed in this section. 4. Registration, Thisisms URLs, and Security As a condition to using certain of the Services, you may be required to create an account (an "Account") and select a password and Thisisms username.
You agree to provide Thisisms with accurate, complete, and updated registration information, particularly your email address.
It's really important that the email address associated with your Thisisms account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account. You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Thisisms immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
6. Content and Subscriber Content Definitions:
For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, Themes (as defined below), and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.
Your Rights in Subscriber Content:
Subscribers retain ownership and/or other applicable rights in Subscriber Content, and Thisisms and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content.
You retain ownership you have of any intellectual property you post to Thisisms. Subscriber Content License to Thisisms:
When you provide Subscriber Content to Thisisms through the Services, you grant Thisisms a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Subscriber Content. The rights you grant in this license are for the limited purposes of allowing Thisisms to operate the Services in accordance with their functionality, improve the Services, and develop new Services. The reference in this license to "creat[ing] derivative works" is not intended to give Thisisms a right to make substantive editorial changes or derivations, but does, for example, enable reblogging, which allows Thisisms Subscribers to redistribute Subscriber Content from one Thisisms blog to another in a manner that allows them to add their own text or other Content before or after your Subscriber Content.
When you upload your creations to Thisisms, you're giving us permission to make them available in all the ways you would expect us to (for example, via your blog, RSS, the Thisisms Dashboard, etc.). We never want to do anything with your work that surprises you.
Something else worth noting: Countless Thisisms blogs have gone on to spawn books, films, albums, brands, and more. Any royalties or reimbursement you get for your creations are, needless to say, entirely yours. It's your work, and we're proud to be a part (however small) of what you accomplish. You also agree that this license includes the right for Thisisms to make all publicly-posted Content available to third parties selected by Thisisms, so that those third parties can syndicate and/or analyze such Content on other media and services.
An example of what it means to "make all publicly-posted Content available" to a Thisisms partner for distribution or analysis would be licensing the Thisisms "firehose," a live feed of all public activity on Thisisms, to partners like search engines. Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through Thisisms's Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that can't later be erased without retroactively censoring the speech of others.
One thing you should consider before posting: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it. You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.
Content License to You:
As a Subscriber of the Services, Thisisms grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below). This means, for example, that we license Content to you for purposes of reblogging.
Compliance with Community Guidelines:
You agree that you won't violate Thisisms's Community Guidelines.
Termination and Deletion:
On termination of your Account, or upon your deletion of particular pieces of Subscriber Content from the Services, Thisisms shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Subscriber Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Subscriber Content may not be entirely removed (due to the nature of reblogging, for example).
7. Special Provisions for Application Developers If you develop software or services based on the Services or any Content, whether using the Thisisms Application Programming Interface or not, you will agree to and comply with the Thisisms Application Developer and API License Agreement.
8. Use of Trademarks Any use of Thisisms's trademarks, branding, logos, and other such assets in connection with the Services shall use Thisisms's approved branding and shall be in accordance with the Thisisms Trademark Guidelines.
12. Warranty Disclaimer; Services Available on an "AS IS" Basis Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, Thisisms DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Thisisms makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Thisisms also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from Thisisms or through the Services, will create any warranty not expressly made herein.
13. Time Limitation on Claims and Releases From Liability You agree that any claim you may have arising out of or related to this Agreement or your relationship with Thisisms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, Thisisms and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Thisisms (the “Thisisms Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
Disputes between Subscribers, including those between you and other Subscribers. The acts of third parties generally (i.e., individuals or entities who are not Thisisms or a Thisisms Affiliate), including third party sites and services. Disputes concerning any use of or action taken using your Account by you or a third party. Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials. Claims relating to any face-to-face meetings in any way related to Thisisms at any venues ("Meetups"), including without limitation claims related to the actions or omissions of any Subscribers or third parties who organize, attend, or are otherwise involved in any Meetups; see our Meetups page for more information. Unless otherwise expressly disclosed in writing, Thisisms does not sponsor, oversee, or in any manner control Meetups. If you are a California resident, you waive California Civil Code § 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."
14. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Thisisms AND THE Thisisms AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Thisisms HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF Thisisms AND THE Thisisms AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
15. Exclusions to Warranties and Limitation of Liability Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.
16. Termination Either party may terminate this Agreement at any time by notifying the other party. Thisisms may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Thisisms may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Thisisms or any third party.
17. Choice of Law and Venue You and Thisisms agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Thisisms otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
Law and Forum for Legal Disputes:
This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Thisisms must be resolved exclusively by a state or federal court located in New York County, New York, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.
If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn't apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York, excluding choice of law.
18. Miscellaneous This Agreement, as modified from time to time, constitutes the entire agreement between you and Thisisms with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with Thisisms's prior written consent. Thisisms may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Thisisms in any respect whatsoever. Any notice to Thisisms that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Thisisms, Inc., 35 East 21st Street, 10th Floor, New York, NY, 10010, Attn: Legal Department.
19. Special Provisions for Subscribers Located Outside of the United States Thisisms provides global products and services and enables a global community for individuals to share and follow the things they love. Thisisms's servers and operations are, however, located in the United States, and Thisisms's policies and procedures are based on United States law. As such, the following provisions apply specifically to Subscribers located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Subscriber Content and any personal information, to and in the United States and/or other countries; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Services (for example, purchasing Premium Themes).
Submit an infringement notice . DMCA Copyright Policy Thisisms has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the "DMCA"). The address of Thisisms's Designated Agent for copyright takedown notices ("Designated Agent") is listed below. You may submit a notice under the DMCA using our copyright notice form.
Reporting Instances of Copyright Infringement:
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Thisisms by providing the following information to the Designated Agent at the address below:
Designated Copyright Agent
Thisisms, LLC. Email: email@example.com