The focus of our Site and Service is to let You get opinions, give opinions, communicate with other users, and connect with people like you.
USERS. You may simply browse the Site or Services (a “Visitor“), or you may become a member of Thumb (“Member”). Certain areas of the Site or Services, including asking or answering questions through the Services, are restricted for Members only. In the event you provide us with information on the Site or Services, you agree to only provide us with true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof). Visitors agree not to attempt to access Member areas of the Site.
RULES REGARDING CONTENT. When you access the Site and/or Services, you obtain access to various kinds of information and materials, all of which we call “Content.” Most Content comes in various forms including, but not exclusive to questions, comments, and replies that You or other Members contribute through the Services.
You will be entirely responsible for each individual item of Content that you post on the Site or through the Services. As between you and us, you retain ownership and any intellectual property rights in the Content you post or otherwise make available through the Site or Services.
For us to do what we do, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of your copyright and other intellectual property rights related to that Content, to use, reproduce, display, perform, display, create derivative works of and otherwise exploit any Content you make available through the Site or Services. You agree that any such Content or any derivative works may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us (with or without attribution to you), and searched, displayed, printed or otherwise used or exploited by our customers. To the extent you include personally identifiable information in your Content, we will not be liable for such disclosure. You represent and warrant that you will not post or use any Content in any manner that: 1. Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; 2. Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation; 3. Is false or inaccurate or becomes false or inaccurate at any time; 4. Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion; 5. Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others; 6. Misrepresents your identity in any way; 7. Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; 8. Advocates or encourages any illegal activity; or 9. Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
All of the foregoing disclaimers apply to Content provided by verified experts, Members recommended by us, or Members otherwise designated or rated by us. In no event will we take any responsibility for any Content provided by Member, and we make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility or liability for, the quality, content, nature or reliability of any Content provided by any Member or any opinion, recommendation, or advice expressed therein.
MEDICAL AND LEGAL QUESTIONS
General Rules of User Conduct. It is our goal to make access to our Site and Services a good experience for all of our users. With that in mind we provide you our opinion of rules to follow when using the Site and Services: please remember that the public areas of the Site and Services are viewable by friends and strangers alike. Don’t share phone numbers, home addresses, e-mail addresses or any of your personal information or that of others. Do not bully, threaten or harass users. If you are harassed in any way, please report it to the authorities immediately. Thumb is a company that provides a technology to help get opinions and advice in realtime, We are not responsible for user actions or policing user activity. If you get questions that make you feel uncomfortable, ignore them or report them. Do not engage in conversations with people that make you feel uncomfortable in any way. Please pay attention and abide by our posting guidelines [insert link to posting guidelines]. The following activities are prohibited on the Site and Services. Accordingly you agree that you will not: 1. Use the service for any commercial purposes (e.g., market research, advertising) unless approved in advance. If you would like to use the Site or Services for commercial purposes (advertise or conduct market research for commercial or political purposes) please contact us at email@example.com. Use, reproduce, duplicate, copy, sell, resell or exploit: (a) any portion of the Site or Services; (b) your use of the Site or Services, or (c) your access to the Site or Services, in each case for any purpose other than for which the Site or Services are being provided to you; 2. Conduct or promote any illegal activities while using the Site or Services; 3. Upload, distribute or print anything that may be harmful to minors; 4. Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; 5. Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights; 6. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code; 7. Use the Site or Services to generate unsolicited email advertisements or spam; 8. Use the Site or Services to stalk, harass or harm another individual; 9. Take any action that may undermine the feedback or ratings systems; 10. Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts); 11. Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services; 12. Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission; 13. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or 14. Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our Services or create new Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
SOCIAL NETWORKS. In using certain Services, you authorize us to act on your behalf to access and interact with social networking sites such as Facebook and Twitter (any such site, a “SN Site”) to retrieve information from, and/or submit information to, such SN Sites at your request. We will not collect your username and password, and we will instead store the unique authorization code (or a “token”) provided to us by the SN Site to access it on your behalf. You can revoke our access to an SN Site at any time by amending the appropriate settings from within your account settings on that site. You should note that an SN Site may change or amend its guidelines and our access to it at any time, and we cannot guarantee that our Services will always include a connection to such SN Site.
MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
RELEASE To the extent permitted under applicable laws, you hereby release Thumb from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services, any Member or any Verified Expert, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services, any Member or any Verified Expert; (c) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Sites, any Member or any Verified Expert, whether online or offline; and (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Sites user or Member communications. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
DISCLAIMER OF WARRANTIES. THIS SITE AND SERVICES AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND SERVIES ARE PROVIDED BY THUMB “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS. THUMB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE SERVICES, OR THE CONTENT MADE AVAILABLE THROUGH THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
SOME 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 AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached via email at firstname.lastname@example.org.
IN-APP PURCHASES AND REFUND POLICY. You understand and acknowledge that all purchases made are subject to all terms and conditions laid forth herein. No refunds will be provided under any circumstances. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
LAST UPDATED. July 11, 2013.