This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, https://thumablizr.com/, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Thumablizr.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Thumablizr, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
The last update to our Terms of Service was posted on May 14, 2017.
The terms "us" or "we" or "our" refers to Thumablizr, the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as Member.
A "Member" is an individual that has registered with us to use our Service.
Our "Service" represents the collective functionality and features as offered through our Website to our Members.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Thumablizr reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
The materials on Thumablizr's web site are provided "as is". Thumablizr makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Thumablizr does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Thumablizr or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Thumablizr's Internet site, even if Thumablizr or a Thumablizr authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
In addition to the violations described in the terms of service, users may not use Thumablizr to:
Thumablizr may terminate your account in accordance with the terms of service if you fail to login through Thumablizr or authenticate through the Thumablizr API to your account for a period of six (6) months. Previous screenshots along with the metadata will be removed and will not be available to the user. Shared screenshots may be kept visible to the public.
Thumablizr does not guarantee the storage and availability of the screenshots. Screenshots may be deleted after six (6) months.
The materials appearing on Thumablizr's web site could include technical, typographical, or photographic errors. Thumablizr does not warrant that any of the materials on its web site are accurate, complete, or current. Thumablizr may make changes to the materials contained on its web site at any time without notice. Thumablizr does not, however, make any commitment to update the materials.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Thumablizr has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Thumablizr may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Our Legal Terms shall be treated as though it were executed and performed in California, USA, and shall be governed by and construed in accordance with the laws of California, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Thumablizr under our Legal Terms shall survive the termination of our Legal Terms
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
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