Welcome to Thingfo’s Terms of Service agreement.
The following agreement (this "Agreement" or the "Terms of Service") describes the terms on which Thingfo, Inc. ("Thingfo") offers you access to its services. This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Service, including your compliance with the policies and terms linked to (by way of the provided URLs) from this Agreement. By using Thingfo, you agree to these Terms of Service. If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using Thingfo. Thingfo may amend this Agreement at any time in its sole discretion, effective upon posting the amended Agreement at the domain or subdomains of http://thingfo.com where the prior version of this Agreement was posted, or by communicating these changes through any written contact method we have established with you.
THE SERVICES AND CONTENT OF THINGFO
1.1 Basic description of the service: Thingfo, a self-service publishing and information sharing system, including websites, widgets, software, software services and interfaces, and the content and information contributed by service users and gathered from open API’s and feeds across the web.
"Thingfo" is the online service offered by Thingfo, including any application program interfaces (the "APIs") provided by Thingfo, and access to the websites and services available from the domain and subdomains of http://thingfo.com (the "Websites"). The APIs and Websites constitute the "Service" as used in this Agreement.
1.2 Thingfo is a service provider, which means, among other things, that Thingfo does not control various aspects of the Service.
You acknowledge that Thingfo is a service provider that allows people to create, share, customize, publish, distribute and manage widgets which contain publicly available information gathered via API and feeds from other web publishers. People and businesses who choose to use the Service can alter the content and display of their widgets on a real-time basis with their actions via their accounts. Thingfo generally does not regulate the content of widgets created via our Service. The content in our widgets is generated by end-users via other web-based services. As a result, Thingfo has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of content provided via the Service, or of aspects of the Service experience.
1.3 Content available in the Service may be provided by users of the Service, and by users across the Internet, rather than by Thingfo. Thingfo and other parties have rights in their respective content, which you agree to respect.
You acknowledge that: (i) by using the Service you may have access to text, photos, graphic images, music, videos, audio, animations, API’s, and other creative output created by Service users (collectively, "Content"), and (ii) users of the Service who share Content that they create or have license to share (all such independent content providers, we’ll call, "Content Providers") who create this Content on other websites. Content Provicdrs may control and set the license to the content they share on the service, using either licenses from Creative Commons, or with their own Copyright or Licenses.
You acknowledge that Thingfo and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from Thingfo.
1.4 Thingfo is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Thingfo's sole discretion.
Thingfo reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Thingfo will not be liable for any interruption of the Service, delay or failure to perform. Thingfo has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.
ACCOUNT REGISTRATION AND REQUIREMENTS
2.1 You must establish an account to use Thingfo, using true and accurate registration information.
You must establish an account with Thingfo (your "Account") to use the Service, except for those portions of the Websites to which Thingfo allows access without registration. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event that you establish an Account with Registration Data provided to Thingfo by a third party through the use of an API, you may have a separate, additional account relationship with such third party, you authorize Thingfo, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Data. Thingfo reserves all rights to vigorously pursue legal action against all persons who misrepresent required personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Thingfo cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user.
2.2 You must be 18 years of age or older to access Thingfo without the permission of an adult. However, you must note that Thingfo cannot absolutely control whether minors or adults gain unauthorized access to the Service.
By accepting this agreement in connection with an Account, you represent that you are an adult 18 years of age or older. By accepting this agreement in connection with an Account for use by a minor, you represent that (i) you are at least 18 years of age; (ii) you have read and accept this Agreement; (iii) your are the parent or legal guardian of the minor who will use this Service, and will be providing and checking the accuracy of your minor’s personal information for this Account; you will also monitor your minor’s use of the Account and usage of the Service.
Thingfo cannot absolutely control whether minors gain access to the Service. Thingfo cannot ensure that other users or any non-employee of Thingfo will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. Thus, it is up to parents and guardians of minors who use Thingfo to supervise the activities of the minors in their care. By accepting this agreement you represent that you accept these responsibilities.
2.3 You need to use an email address to establish an account with Thingfo which is not misleading, offensive or infringing. You must select and keep secure your account password. You must create a name and label for your widgets.
You must use an email address to identify yourself to Thingfo staff (your "Email Address"). You must create a website name and a label for your widget. You may not select as your email address, website name, or widget label any name, label, or email address of another person to the extent that could cause deception or confusion, which violate any trademark right, copyright, or other proprietary right; which may mislead other users to believe you to be an employee of Thingfo; or any email address, website name, or widget label which Thingfo deems in its discretion to be vulgar or otherwise offensive. Thingfo reserves the right to delete or change any email address, website name, or widget label for any reason or no reason, or multiple reasons. You are fully responsible for all activities conducted through your Account or under your Email Address.
At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk.
2.4 Account registrations may be limited per unique person, at Thingfo’s discretion. Transfers of accounts are generally not permitted.
Thingfo may require you to submit an indication of unique identity in the account registration process; e.g. credit card or other payment information, or SMS message code or other information requested by Thingfo. When an account is created, the information given for the account must match the unique identifier information associated with the identification method. You may register multiple accounts per identification method only at Thingfo's sole discretion. A single account may be used by a single legal entity at Thingfo's sole discretion and subject to Thingfo's requirements.
2.5 You may cancel your account at any time.
Accounts may be cancelled by you via a request to Thingfo. To do so, send an email to info@thingfo.com and request to have your account deleted.
2.6 Thingfo may suspend or terminate your account at any time, without refund or obligation to you.
Thingfo has the right at any time for any reason (including but not limited to violations of these Terms) or for no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that Thingfo suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or access to any content or data associated with your Account, or for anything else.
2.8 You are responsible for your own Internet access.
Thingfo does not provide Internet access, and you are responsible for all fees associated with your Internet or other connection to the Thingfo Service.
LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS
3.1 You have a nonexclusive, limited, revocable license to use Thingfo while you are in compliance with the terms of service.
Subject to the terms of this Agreement, Thingfo grants to you a non-exclusive, limited, fully revocable license to use the Service during the time you are in full compliance with the Terms of Service. Additional terms may apply to use of the APIs or other separate elements of the Service (i.e. elements that are not required to use the Website); these terms are available where such separate elements are available for access or download from the Websites. Nothing in this Agreement, or on Thingfo's websites, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content. You acknowledge that your participation in the Service, including your creation, management or uploading of Content in the Service, does not make you a Thingfo employee and that you do not expect to be, and will not be, compensated by Thingfo for such activities.
3.2 You retain copyright and other intellectual property rights with respect to Content you create and upload to Thingfo, to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to Thingfo and to other users of Thingfo.
Users of the Service can create, share, customize, publish, distribute and manage widgets hosted on Thingfo's servers in various formats. Thingfo does not claim ownership of any of your Content, such as website name, email address, website label, or custom CSS that you use to create or customize your widgets. Thingfo agrees that you will retain any and all applicable copyright and other intellectual property rights with respect to any Content that you create using the Service, to the extent you have such rights under applicable law, subject to the terms and conditions of this Agreement.
However, in order for us to display your Content via the Service and other materials related to the Service, you understand and agree that by submitting your Content to any area of the Service, you automatically grant (and you represent and warrant that you have the right to grant) to Thingfo: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Service as permitted by you through your interactions on the Service, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Service, provided that such third parties use your Content in compliance with the copyright licenses that you set.
You represent that you understand that Thingfo does not and cannot enforce the copyright provisions set on Content once that Content has left the Thingfo Service, Servers, or Websites, or has been accessed by third parties and data has been copied or otherwise manipulated such that the Thingfo Service, Servers, or Websites can no longer manage access to such Content.
In the event that your Content appears publicly in material under the control of Thingfo, and you provide written notice to Thingfo of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow Thingfo, in its sole discretion, to identify the relevant Content and materials), Thingfo will make commercially reasonable efforts to cease its distribution of such Content following the receipt of such notice, although Thingfo cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the perpetual and irrevocable right to delete any or all of your Content from Thingfo's servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as Thingfo may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Service.
Further, you agree to grant to Thingfo a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your account information, including any data or other information generated by your account activity, in any media now known or not currently known.
You also understand and agree that by submitting your Content to any area of the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to Thingfo and to all other users of the Service a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual License, under any and all patent rights you may have or obtain with respect to your Content, to view, use, comment upon, share and otherwise interact with or about your Content for all purposes within the Service. You further agree that you will not make any claims against Thingfo or against other users of the Service based on any allegations that any activities by either of the foregoing within the Service infringe your (or anyone else's) patent or copyright rights.
You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and Thingfo will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Service, including without limitation any legal consequences relating to your intellectual property rights; and (iii) Thingfo's acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of Thingfo's intention not to require users of the Service to forego certain intellectual property rights with respect to Content they create using the Service, subject to the terms of this Agreement.
3.3 Thingfo retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own.
You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data Thingfo stores on Thingfo servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of Thingfo.
CONDUCT BY USERS OF THINGFO
4.1 You agree to abide by certain rules of conduct prohibiting illegal and other practices that Thingfo deems harmful.
You acknowledge that Thingfo and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content or widgets that are available via the Service. Without limiting the foregoing, Thingfo 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 Thingfo or submitted to Thingfo, on all other parts of the Service.
You acknowledge that you will NOT:
(i) take any action or upload, post, e-mail or otherwise transmit Content or create any Widgets that infringe or violates any third party rights;
(ii) impersonate any person or entity without their consent, including, but not limited to, a Thingfo employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iii) take any action or upload, post, e-mail or otherwise transmit Content or Widgets that violates any law or regulation;
(iv) take any action or upload, post, e-mail or otherwise transmit Content or Widgets as determined by Thingfo at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(v) take any actions or upload, post, e-mail or otherwise transmit Content or Widgets that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(vi) take any action or upload, post, email or otherwise transmit any Content or Widgets that would violate any right or duty 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);
(vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that Thingfo considers in its sole discretion to be of such nature;
(viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(ix) attempt to gain access to any other user's Account or password; or
(x) "stalk", abuse or attempt to abuse, or otherwise harass another user. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Account. You agree that Thingfo may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you.
(xi) use the Service to harm minors in any way.
4.2 You agree to use Thingfo as provided. You will not make unauthorized works from or conduct unauthorized distribution of the Service. No resale or reselling of the Service.
Thingfo has designed the Service to be experienced only as offered by Thingfo at the Websites or partner websites. Thingfo is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by Thingfo, including third party services utilizing content or information originated or received from Thingfo, or using Thingfo API’s or other access to the Service. You agree not to create software or other means that provide access to or use of the Servers without the express written authorization of Thingfo. Thingfo is not obligated to allow access to the Servers by any software that is not provided by Thingfo, and you agree to cease using, creating, distributing or providing any such software at the request of Thingfo. You are prohibited from taking any action that imposes an unreasonable or disproportionately large load on Thingfo's infrastructure.
You may not resell access to the Service, or charge any third party for using the Thingfo Service, except as expressly provided in this Agreement or in a supplementary Terms of Service.
4.3 You will comply with the processes of the Digital Millennium Copyright Act regarding copyright infringement claims covered under such Act.
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). You agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
4.4 You will not use the marks of Thingfo without authorization from Thingfo.
You are not permitted to use the marks "Thingfo", the Thingfo logo, or any other trade, service or other marks registered to or owned by Thingfo, except as explicitly authorized by Thingfo and/or as displayed via Thingfo Widgets
RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION
5.1 You release Thingfo from your claims relating to other users of Thingfo. Thingfo has the right but not the obligation to resolve disputes between users of Thingfo.
As a condition of access to the Service, you release Thingfo (and Thingfo's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service. You further understand and agree that: (a) Thingfo will have the right but not the obligation to resolve disputes between users relating to the Service, and Thingfo's resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent Thingfo elects to resolve such disputes, it will do so in good faith based solely on the general standards of the Service and will not make judgments regarding legal issues or claims; (c) Thingfo's resolution of such disputes will be final with respect to the online environment of the Service but will have no bearing on any real-world legal disputes in which users of the Service may become involved; and (d) you hereby release Thingfo (and Thingfo's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Thingfo's resolution of disputes relating to the Service.
5.2 Other service or product providers may form contractual relationships with you. Thingfo is not a party to your relationship with such other providers.
Subject to the terms of this Agreement, you may view or use the online Service to access content created or distributed by websites that are not owned and operated by Thingfo. Thingfo is not responsible for any software or content used with or created in connection with Thingfo other than the Thingfo Website and Service developed by Thingfo. Thingfo does not control and is not responsible for any information you provide to parties other than Thingfo and is not responsible for content created or published on non-Thingfo sites. Thingfo is not a party to your agreement with any party that provides software, products or services to you in connection with Thingfo.
5.3 Links to other sites and Services
Thingfo, Thingfo Users, Content on the Service, and third party Content published via Thingfo widgets may provide links to other Internet sites or resources. Because Thingfo has no control over such sites and resources, you acknowledge and agree that Thingfo 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 Thingfo 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.
5.4 All data on Thingfo's servers are subject to deletion, alteration or transfer.
When using the Service, you may create, customize, manage, publish and distribute widgets that provide you with some form of value or status.
THESE WIDGETS, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON THINGFO'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN THINGFO'S SOLE DISCRETION.
YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO CONTENT AND WIDGETS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, THINGFO DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON THINGFO'S SERVERS.
YOU UNDERSTAND AND AGREE THAT THINGFO HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
5.5 Thingfo provides the Service on an "as is" basis, without express or implied warranties.
THINGFO PROVIDES THE SERVICE, YOUR ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, Thingfo does not ensure continuous, error-free, secure or virus-free operation of the Service, or your Account, and you understand that you shall not be entitled to compensation based on Thingfo's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
5.6 Thingfo's liability to you is expressly limited, to the extent allowable under applicable law.
IN NO EVENT SHALL THINGFO OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT THINGFO MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that Thingfo cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service.
5.7 You will indemnify Thingfo from claims arising from breach of this Agreement by you, from your use of Thingfo, from loss of Content or Widgets due to your actions, or from alleged infringement by you.
At Thingfo's request, you agree to defend, indemnify and hold harmless Thingfo, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other users of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless Thingfo, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Account, and (b) any claims by third parties that your activity or Content in the Service infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.
PRIVACY POLICY
6.1 Thingfo uses your personal information to operate and improve Thingfo, and will not give your personal information to third parties except to operate, improve and protect the Service.
The personal information you provide to us during registration is used for Thingfo's internal purposes only. Thingfo uses the information it collects to customize certain aspects of the Service for you and to improve the Service. Thingfo will not give any of your personal information to any third party without your express approval except: as reasonably necessary to fulfill your service request if it happens to involve usages of this data, as submitted by you, to access third-party API’s, web services, or websites; third- party fulfillment houses, customer support, billing and credit verification services, and the like; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud upon submission of a proper and authorized warrant; or as otherwise necessary to protect Thingfo, its agents and other users of the Service. Thingfo does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. Thingfo can (and you authorize Thingfo to) disclose any information about you to private entities, law enforcement agencies or government officials, if required by law. You agree that Thingfo may communicate with you via email and any similar technology for any purpose relating to the Service, which may in the future be provided by Thingfo or on Thingfo's behalf.
6.2 Thingfo may observe and record your interaction within the Service, and may share aggregated and other general information (not including your personal information) with third parties.
You acknowledge and agree that Thingfo may track, record, observe or follow any and all of your interactions within the Service. Thingfo may share general, demographic, or aggregated information with third parties about our user base and Service usage, but that information will not include or be linked to any personal information unless provided with your express written consent.
6.3 Submissions and Feedback
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Thingfo through blog comments, emails, suggestion or feedback forms, message boards, and other feedback mechanisms, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Thingfo is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Thingfo shall be entitled to use or disclose (or choose not to use or disclose) such Contributions (d) Thingfo may have something similar to the Contributions already under consideration or in development; (e) you are not entitled to any compensation or reimbursement of any kind from Thingfo for submitting these contributions, or if Thingfo utilizes such circumstances, under any circumstances.
GENERAL PROVISIONS
The rights and obligations of the parties under this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods; rather such rights and obligations shall be governed by and construed under the laws of the State of California, including its Uniform Commercial Code, without reference to conflict of laws principles. The Service is controlled and operated by Thingfo from its offices within the State of California, United States of America. Thingfo makes no representation that any aspect of the Service is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access the Service from other locations are responsible for compliance with applicable local laws. The Service is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Service and its use.
Any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, shall be finally settled by binding arbitration in San Francisco, California under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with said rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief or enforcement of this arbitration provision without breach of this arbitration provision.
Thingfo's failure to act with respect to a breach by you or others does not waive Thingfo's right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Thingfo under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of Thingfo. All or any of Thingfo's rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of Thingfo's assets. You may not assign or transfer this Agreement or any or all of your rights hereunder without the prior written consent of Thingfo, and any attempt to do so is void. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Thingfo shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Thingfo.
This Agreement sets forth the entire understanding and agreement between you and Thingfo with respect to the subject matter hereof. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
Thingfo may give notice to you by means of a general notice on our website at http://thingfo.com, electronic mail to your e-mail address on our records for your Account, or by similar written communication such as instant message or text message via cell phone.
All notices given by you or required under this Agreement shall be emailed to: info@thingfo.com