RSS< Twitter< etc

WEBSITE TERMS OF USE

Welcome to the Thinkbox website (http://www.thinkboxsoftware.com) (including all subpages, the “Website”).  Thinkbox Software, Inc.  and/or its affiliates (“Thinkbox”) provides the Website to you subject to the following terms of use (“Site Terms”). By visiting the Website, you accept the Site Terms, including the Privacy Policy and, as applicable, the Community Guidelines. Please read them carefully. Please note that your use of and access to the Thinkbox Marketplace, found at https://marketplace.thinkboxsoftware.com/, is subject to the Thinkbox Marketplace Terms of Use. In addition, when you use any current or future Thinkbox services, content or other materials, you may also be subject to an applicable Thinkbox customer agreement or other agreement governing your use of our services. 

The Website is available only to individuals who are at least 13 years old.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices.

Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Thinkbox or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of Thinkbox and protected by U.S. and international copyright laws. All software used on the Website is the property of Thinkbox or its software suppliers and protected by United States and international copyright laws.

Trademarks

"Amazon Web Services", "AWS", "Amazon EC2", "EC2", "Amazon Elastic Compute Cloud", "Amazon Virtual Private Cloud", "Amazon VPC", "Amazon SimpleDB", "SimpleDB", "Amazon S3", "Amazon Simple Storage Service", "Amazon CloudFront", "CloudFront", "Amazon SQS", "SQS", "Amazon Simple Queue Service", "Amazon Simple Email Service", "Amazon Elastic Beanstalk", "Amazon Simple Notification Service", "Amazon Route 53", "Amazon RDS", "Amazon Relational Database", "Amazon CloudWatch", "AWS Premium Support", "AWS Import/Export", "Amazon FPS", "Amazon Flexible Payments Service", "Amazon DevPay", "DevPay", "Amazon Mechanical Turk", "Mechanical Turk", "Alexa Web Search", "Alexa Web Information Service", "Alexa Top Sites", "Alexa Site Thumbnail", "Amazon FWS", "Amazon Fulfillment Web Service", "Amazon Associates Web Service", "Thinkbox", "Deadline" and "Sequoia" and other AWS and Thinkbox graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Thinkbox in the U.S. and/or other countries. Thinkbox’s trademarks and trade dress may not be used in connection with any product or service that is not Thinkbox’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Thinkbox. All other trademarks not owned by Thinkbox that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Thinkbox.

Patents

One or more patents owned by Amazon.com, Inc. or its affiliates may apply to the Website and to the features and services accessible via the Website. Portions of the Website may operate under license of one or more patents.

License and Site Access

Thinkbox grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except as otherwise specified in these Site Terms or with the express written consent of Thinkbox. This license does not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Thinkbox in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Website is subject to these Site Terms. You may only download such materials and content for the purpose of viewing the Website from a single personal computer unless otherwise specified in an applicable end-user license agreement “EULA” applicable thereto, as the same may be presented to you before you access or download certain content. You agree that any use of the material and content of the Website outside of that authorized hereunder or under the applicable EULA, as the case may be, is strictly prohibited.

You may not use the Website if you live in a jurisdiction where access to or use of the Website may be illegal or prohibited by applicable law. You agree that the material and content contained on the Website is made available to you for your lawful use in accordance with these Site Terms. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Thinkbox.

Linking, Framing and Data Mining

Thinkbox makes no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. When you access any other website you understand that it is independent from Thinkbox and that Thinkbox has no control over the content or availability of that website. In addition, a link to any other site does not mean that Thinkbox endorses or accepts any responsibility for the content, or the use of, such a website, and Thinkbox shall not be liable for any loss, damage or offense caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Except as expressly permitted under these Site Terms, linking to the Website without the express written permission of Thinkbox is strictly prohibited, and you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Thinkbox without express written consent. You may not use any meta tags or any other “hidden text” utilizing Thinkbox’s name or trademarks without the express written consent of Thinkbox. Any unauthorized use terminates the permission or license granted by Thinkbox. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website, so long as the link does not portray Thinkbox, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Thinkbox logo or other proprietary graphic or trademark as part of the link without express written permission.

Account

If you use the Website, you are responsible for maintaining the confidentiality of your Thinkbox account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Thinkbox reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion. You must immediately notify Thinkbox by email at support@thinkboxsoftware.com if you know or suspect that your account or password has been lost or stolen, or has become known to or has been used by any other person.

Reviews, Comments, Communications and other Content

You may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the case of content that includes computer code, you must accurately categorize and/or describe the type, nature, uses and effects of the materials, whether requested to do so by Thinkbox or otherwise. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. If you do post content or submit material, and unless we indicate otherwise, you (1) grant Thinkbox a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such content throughout the world in any media and for any purpose and (2) license such content to all others under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. You grant Thinkbox and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other content (“Third Party Content”) to community areas of the Website. You acknowledge that (a) Thinkbox has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and (c) Third Party Content may be subject to separate license terms as determined by the person posting such content.

You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Thinkbox for all claims resulting from content you supply. Thinkbox has the right but not the obligation to monitor, edit or remove any activity or content and to terminate or deny access to the Website to any individual or entity for any reason, in its sole discretion. Thinkbox takes no responsibility and assumes no liability for any content posted by you or any third party.

General Representation and Warranty

You represent and warrant that (i) your use of the Website and all information, content, materials, products (including software) and services included on or otherwise made available to you through the Website will be in strict accordance with the Thinkbox Forums Privacy Policy, and Community Guidelines (as applicable), and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside); (ii) your use of the Website and all information, content, materials, products (including software) and services included on or otherwise made available to you through the Website will not infringe or misappropriate the intellectual property rights of any third party; and (iii) that you will use current virus monitoring software when using the Website.

Indemnification

You agree to indemnify and hold harmless Thinkbox Software, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to (a) any violation of these terms and conditions, (b) any allegation that any information or material submitted by you to Thinkbox violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.

Copyright Complaints

Thinkbox respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THINKBOX AND ITS APPLICABLE LICENSORS AND SUPPLIERS ON AN “AS IS” AND “AS AVAILABLE” BASIS, THINKBOX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THINKBOX AND ITS APPLICABLE LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THINKBOX DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; THINKBOX SERVERS; OR E-MAIL SENT FROM THINKBOX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WILL BE ERROR FREE ,OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU EXPRESSLY AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN, ANY CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. THINKBOX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR DAMAGES FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting the Website, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and Thinkbox.

Disputes

Any dispute relating in any way to your visit to the Website or to services provided by Thinkbox or through the Website in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.

Site Policies, Modification, and Severability

Please review our other policies on the Website. These policies also govern your visit to the Website. We reserve the right to make changes to the Website, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Thinkbox that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • 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;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Thinkbox’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Copyright Agent/Amazon Web Services
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
e-mail: abuse@amazonaws.com

Courier address:
Copyright Agent/Amazon Web Services
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
USA

This document was last updated April 18, 2018.