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Terms of service

TERMS OF SERVICE

By using ThinkPop.com (“ThinkPop”, “ThinkPop.com” or “We”), a service of NicheClick Media, you agree to be bound by the following terms and conditions ("Terms of Service"). Please also be aware of the Privacy Policy located on ThinkPop.com. Usage of the service provided by ThinkPop.com (“Service”) is also governed by the Privacy policy.

Overview

The main features of the Service let you:

  • add ThinkPop.com members as your friends on the Service and follow their updates on their ThinkPop.com profiles; and
  • browse ThinkPop.com and its members profiles for those who have given sufficient user-access privileges for you to do so

Basic Terms

Violation of any of these terms listed on the Terms of Service will result in the termination of your ThinkPop account. While ThinkPop.com prohibits the conduct listed below in this Terms of Service, you understand and agree ThinPop cannot be responsible for either the conduct listed below or any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (collectively referred to as "Content") posted on ThinkPop.com. Nevertheless, you may be exposed to such materials and that you agree and understand you use the Service at your own risk.

  • You must be 13 years or older to use ThinkPop.com.
  • You are responsible for any activity that occurs under your screen name.
  • You are responsible for keeping your password secure.
  • You must not abuse, harass, threaten, impersonate or intimidate other ThinkPop users.
  • You may not use ThinkPop.com for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable Content.
  • You are solely responsible for your conduct and any Content you submit, post, and display on ThinkPop.com.
  • You must not modify, adapt or hack Think Pop.com or modify another website so as to falsely imply that it is associated with Think Pop.
  • You must not create or submit unwanted email (“Spam”) to any ThinkPop members.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You must not, in the use of ThinkPop, violate any laws in your jurisdiction, including, but not limited to, intellectual property laws.
  • You agree not to modify, adapt or hack the Service, transmit any worms or viruses or any code of a destructive nature.
  • You agree not to modify another website so as to falsely imply that it is associated with the Service.
  • You agree to indemnify, defend and hold ThinkPop, NicheClick Media and all its principals, members, directors, agents, employees and independent contractors harmless from and against any and all claims, damages, losses and expenses relating to any acts by you, including but not limited to any Content submitted by you, in connection with using the Service, resulting in claims against us by other users or third parties.

General Conditions

  • We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  • We reserve the right to alter these Terms of Service at any time.
  • We reserve the right to refuse service to anyone, for any reason, with or without notice, at any time.
  • We may, but are not obligated to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. While ThinkPop prohibits such Content on ThinkPop.com, you understand and agree the Content posted on the ThinkPop.com by our users is not necessarily reviewed by ThinkPop and ThinkPop cannot be held responsible for this Content.
  • We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
  • These Terms of Service shall be governed by the laws of the State of California and you submit to the exclusive jurisdiction of the California courts.

Copyright

You agree to use the Service pursuant to these Terms of Service, and not to reproduce, modify, translate, distribute, sublicense, or create derivative works based on the Service in any form unless otherwise expressly provided in these Terms of Service. We claim no intellectual property rights over the material you provide to ThinkPop. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system. However, by uploading the Content to ThinkPop.com, you grant ThinkPop a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to use, reproduce, modify, distribute, sublicense, and prepare derivative works of, such Content, in any format or medium now known or later developed, solely on and through the Service, subject to these Terms of Service and our Privacy Policy. You represent and warrant that you have sufficient rights to grant this license.

ThinkPop undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit Think Pop to locate the material;
  • Your contact information, including your address, telephone number, and email;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement the information in the notification is accurate, and, under the penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to idan@nicheclick.com (include the words Intellectual Property in the subject line of the email) or Think Pop, 27372 Aliso Creek Road, Suite 110 Aliso Viejo CA 92656.

Limitation of Liability

  • ThinkPop.com, the Service and the software application (collectively referred to as “Software”) on which ThinkPop.com operates are made available to you for your convenience on an "AS IS" and "AS AVAILABLE BASIS". THINKPOP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, RELIABILITY OR NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OR THE CONTENTS OF THE SERVICE OR THE SOFTWARE. ThinkPop does not warrant or represent that the Software will be free of all viruses. You understand that the Service and the Software may still be in alpha/beta versions and may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software "bugs" and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability contained in these Terms of Service, you specifically agree ThinkPop is not liable for any of the above issues.
  • THINKPOP SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW.
  • If you are dissatisfied with the Service or the Software, or have any other disputes or claims with or against ThinkPop with respect to the Service or the Software or these Terms of Service, then your sole and exclusive remedy is to discontinue using the Service and/or the Software.

Modification of these Terms of Service

We are continuously developing the features and functionality of ThinkPop. Consequently, we reserve the right to modify these Terms of Service at any time at our sole discretion.  You agree to be bound to such alterations when you use Think Pop and the alterations shall be effective at the time of posting on ThinkPop.com.  It is important that you review these Terms of Service regularly on ThinkPop.com to ensure you are updated on any modifications to these terms.  If you are dissatisfied with or do not agree to abide by any altered Terms of Service, your sole remedy should be to close your account on Think Pop and discontinue use of our service.

THINK POP PRIVACY POLICY

Think Pop provides this Privacy Policy to inform users of our policies and procedures regarding the collection, use and disclosure of personally identifiable information received from users of this website, located at www.ThinkPop.com ("Site"). This Privacy Policy may be updated from time to time for any reason; each version will apply to information collected while it was in place. You are advised to consult this Privacy Policy regularly for any changes.

By using our Site you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing" means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the U.S. your personally identifiable information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By visiting our Site and providing information to us, you consent to such transfer to, and processing in, the US.

If you have any questions or comments about this Privacy Policy or our use of your personally identifiable information, please contact us at info@ThinkPop.com, include the words “Privacy Policy” in the subject line of the email.

Information Collection and Use

Our primary goals in collecting personally identifiable information are to provide you with the product and services made available through the Site, including, but not limited to the Service, to communicate with you, and to manage your registered user account, if you have one.

Information Collected Upon Registration. If you desire to have access to certain restricted sections of the Site, you will be required to become a registered user, and to submit certain personally identifiable information to ThinkPop. This happens in a number of instances, such as when you sign up for the Site, or if you desire to receive marketing materials and information. Personally, identifiable information that we may collect in such instances may include your IP address, full user name, password, email address, city, time zone, telephone number, and other information that you decide to provide us with, or that you decide to include in your public profile.

Additional Information Your full user name and your photo, if you decide to upload one, are displayed to people in the ThinkPop network to enable you to connect with people on ThinkPop, as specified in your privacy settings. Once a member, you may provide additional information in the profile section, including but not limited to your bio and your location. Providing additional information beyond what is required at registration is entirely optional, but enables you to better identify yourself and find new friends and opportunities in the ThinkPop system. If you contact us by email through the Site, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you.

Use of Contact Information In addition, we may use your contact information to market to you, and provide you with information about, our products and services. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided in any of the communications.

Log Data When you visit the Site, our servers’ automatically record information your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the web-pages you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider the IP address will be different every time you log on. We use Log Data to monitor the use of the Site and of our Service, and for the Site’s technical administration. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Terms of Service

Cookies

Like many websites, we also use "cookie" technology to collect additional website usage data and to improve the Site and our service. A cookie is a small data file that we transfer to your computer’s hard drive. We do not use cookies to collect personally identifiable information. ThinkPop may use cookies to better understand how you interact with the Site and our Service, to monitor aggregate usage by our users and web traffic routing on the Site, and to improve the Site and our Service. A session cookie enables certain features of the Site and our service and is deleted from your computer when you disconnect from or leave the Site. A cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. These cookies can be removed by following your web browser help file directions. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

Information Sharing and Disclosure

Service Providers: We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.

Compliance with Laws and Law Enforcement ThinkPop cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of Think Pop or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

Business Transfers ThinkPop may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Changing or Deleting Information

If you are a registered user of the Site, you may access and update or correct the information you provided to us by e-mailing us at info@ThinkPop.com

Security

ThinkPop is concerned about safeguarding the confidentiality of your personally identifiable information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (1) the legitimate needs of law enforcement or (2) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Links to Other Websites

Our Site may contain links to other websites. The fact we may link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children

The Site is not directed to persons under 13. If a parent or guardian becomes aware that their child has provided us with personally identifiable information without their consent, they should contact us at info@ThinkPop.com. We do not knowingly collect personally identifiable information from children under 13. If we become aware that a child under 13 has provided us with personal identifiable information, we will delete such information from our files. We encourage users between the ages of 13-18 to get permission from their parents or a guardian before registering on ThinkPop.com and sending us information about themselves.

Changes to this Privacy Policy

We may update this Privacy Policy at any time and for any reason. If you do not agree to abide by any changes made in the privacy policy, you may remedy the situation by deleting your account and ceasing to use the Site in the future.

Questions

Got questions? Suggestions? Please contact us at info@thinkpop.com. You may also mail us at:

NicheClick Media
27372 Aliso Creek Road, Suite 110
Aliso Viejo CA 92656.