Translator

T.O.S

  1. ACCEPTANCE OF TERMSThe Things welcomes you. The Things provides the services (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you.  By accessing and using the Thethings.info, you accept and agree to be bound by the terms and provision of the TOS. All such guidelines or rules are hereby incorporated by reference into the TOS.
  2. DESCRIPTION OF “THE THINGS” SERVICES”The Things” provides users with, or may in the future, provide users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed. You also understand and agree that the “The Things” may include advertisements and that these advertisements are necessary for “The Things to provide the services. You also understand and agree that the “The Things” may include certain communications from “The Things, such as service announcements, and administrative messages. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new “The Things” properties, shall be subject to the TOS. You understand and agree that the “The Things is provided “AS-IS” and that “The Things assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the “The Things,” and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the The Things.

    You understand that the technical processing and transmission of the “The Things,” 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.

    You must be at least 14 years of age to access and view “The Things.

  3. YOUR REGISTRATION OBLIGATIONSIn consideration of your use of the “The Things,” you represent that you are of legal age to form a binding contract and are not a person barred from receiving the “The Things” under the laws of the United States or other applicable jurisdiction. At any time, “The Things” has the right to suspend or terminate your account and refuse any and all current or future use of the “The Things (or any portion thereof).
  4. “THE THINGS” PRIVACY POLICYYou understand that through your use of the “The Things” you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by “The Things” and its affiliates.
  5. MEMBER ACCOUNT, PASSWORD AND SECURITYYou are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify “The Things” 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. “The Things” cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
  6. MEMBER CONDUCTYou understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not “The Things, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the “The Things”. “The Things” does not control the Content posted via the thethings.info and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the “The Things,” you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will “The Things” be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Things”.

    You agree to not use the “The Things” to:

    1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. harm minors in any way;
    3. impersonate any person or entity, including, but not limited to, a “The Things” official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the “The Things;
    5. upload, post, email, transmit 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 (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
    7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
    8. upload, post, email, transmit or otherwise make available any material 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;
    9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the “The Things”  are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
    10. interfere with or disrupt the “The Things” or servers or networks connected to the “The Things,” or disobey any requirements, procedures, policies or regulations of networks connected to the “The Things,” including using any device, software or routine to bypass our robot exclusion headers;
    11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
    12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    13. “stalk” or otherwise harass another; and/or
    14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

    You acknowledge that “The Things” may or may not pre-screen Content, but that “The Things and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the “The Things.” Without limiting the foregoing, “The Things” and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. 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. In this regard, you acknowledge that you may not rely on any Content created by “The Things” or submitted to “The Things.”

    You acknowledge, consent and agree that “The Things” may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of “The Things, its users and the public.

    You understand that the “The Things” and software embodied within the “The Things” may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Yahoo! and/or content providers who provide content to ‘The Things.” You may not attempt to override or circumvent any of the usage rules embedded into the “The Things.” Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the “The Things,” in whole or in part, is strictly prohibited.

  7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCERecognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the “The Things” and transfer, posting and uploading of software, technology, and other technical data via the “The Things may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the “The Things” to parties identified on such lists; (b) agree not to use the “The Things” for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Yahoo! Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
  8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON “THE THINGS”"The Things” does not claim ownership of Content you submit or make available for inclusion on the ‘The Things”. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the “The Things,” you grant the following worldwide, royalty-free and non-exclusive license(s), as applicable:
    1. With respect to Content you submit or make available for inclusion on publicly accessible areas of “The Things,” the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the “The Things” solely for the purposes of providing and promoting the specific “The Things” Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the ‘The Things” and will terminate at the time you remove or “The Things” removes such Content from the “The Things.”
    2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the “The Things”, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the “The Things” solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the “The Things” and will terminate at the time you remove or “The Things” removes such Content from the “The Things.”
    3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the ‘The Things the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

    “Publicly accessible” areas of the ‘The Things” are those areas of “The Things”  that are intended to be available to the general public.

  9. CONTRIBUTIONS TO “THE THINGS”By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to “The Things” through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) “The Things”  is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) “The Things” shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) “The Things” may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of “The Things” without any obligation of “The Things” to you; and (f) you are not entitled to any compensation or reimbursement of any kind from “The Things” under any circumstances.
  10. INDEMNITYYou agree to indemnify and hold “The Things and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Yahoo! Services, your use of the “The Things,” your connection to the “The Things,” your violation of the TOS, or your violation of any rights of another.
  11. NO COMMERCIAL REUSE OF “THE THINGS” SERVICESYou agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the “The Things” (including Content and advertisements)
  12. MODIFICATIONS TO “THE THINGS”"The Things” reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the “The Things” (or any part thereof) with or without notice. You agree that “The Things” shall not be liable to you or to any third party for any modification, suspension or discontinuance of the “The Things” (or any part thereof).
  13. TERMINATIONYou agree that “The Things may, without prior notice, immediately terminate, limit your access to or suspend your account, any associated email address, and access to “The Things.” Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Yahoo! Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the “The Things” Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in “The Things”‘ sole discretion and that “The Things shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the “The Things”.

    Termination of your “The Things” account includes any or all of the following: (a) removal of access to all or part of the offerings within the “The Things”, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the “The Things.”

  14. DEALINGS WITH ADVERTISERSYour correspondence or business dealings with, or participation in promotions of, advertisers found on or through the “The Things”, 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 “The Things” 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 “The Things.”
  15. LINKS”The Things” may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that “The Things” 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 “The Things” 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 resource.
  16. THETHING.INFO’S PROPRIETARY RIGHTSYou acknowledge and agree that the “The Things” Services and any necessary software used in connection with the “The Things” (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the “The Things” or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by “The Things” or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the “The Things”, such Content or the Software, in whole or in part.
  17. DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    1. YOUR USE OF THE THETHINGS.INFO AND SOFTWARE ARE AT YOUR SOLE RISK. “THE THINGS” AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. “THE THINGS” AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. “THE THINGS” AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) “THE THINGS” OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) “THE THINGS” OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ‘THE THINGS” OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE “THE THINGS OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF “THE THINGS” OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM “THE THINGS” OR THROUGH OR FROM “THE THINGS” OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
    5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING “THE THINGS” CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE “THE THINGS” IMMEDIATELY DISCONTINUE USE OF “THE THINGS” AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE YAHOO! SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
  18. LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT “THE THINGS” AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 “THE THINGS” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE “THE THINGS”; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON “THE THINGS”; OR (e) ANY OTHER MATTER RELATING TO “THE THINGS.”
  19. EXCLUSIONS AND LIMITATIONSSOME 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 OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU
  20. NO THIRD-PARTY BENEFICIARIESYou agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
  21. TRADEMARK INFORMATIONYou agree that all of ‘Thethings.info’s trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and the property of “The Things.” Without “The Things” prior permission, you agree not to display or use in any manner the “The Things” Marks.
  22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT”The Things” respects the intellectual property of others, and we ask our users to do the same. “The Things may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 provide “The Things” with;
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the site;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
  23. GENERAL INFORMATIONEntire Agreement. The TOS constitutes the entire agreement between you and “The Things” and governs your use of the ‘The Things”, superseding any prior version of this TOS between you and “The Things” with respect to the “The Things.” You also may be subject to additional terms and conditions that may apply when you use or purchase certain other, affiliate services, third-party content or third-party software.

    Waiver and Severability of Terms. The failure of “The Things” to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.

    No Right of Survivorship and Non-Transferability. You agree that your “The Things” account is non-transferable and any rights to your “The Things” ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

    Statute of Limitations. 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 “The Things” or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Last updated January 30, 2010